ALBERT R. MANN LIBRARY New York State Colleges OF Agriculture and Home Economics AT Cornell University Cornell University Library HJ 2053.N7D Draft of report on retrenchment and reor 3 1924 014 005 072 Cornell University Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924014005072 DRAFT OF KEPORT ON RETRENCHMENT AND REORGANIZATION IN THE STATE GOVERNMENT PREPARED BY THE I RETRENCHMENT COMMITTEE OF THE RECONSTRUCTION COMMISSION FOR CONSIDERATION AT PU,BLIC HEARING SEPTEMBER 24, 1919 ALFRED E. MARLING ChabmBn, Committee on Retrenchment J^eto gorfe i?tate College of Agriculture i^t Cornell mni\setsitg itijata, la. B' ^■. ■n ..^^..../'.!L..'^.:SS:::£....-....ir^.: DRAFT OF REPORT ON RETRENCHMENT AND REORGANIZATION IN THE STATE GOVERNMENT PREPARED BY THE RETRENCHMENT COMMITTEE OF THE RECONSTRUCTION COMMISSION FOR CONSIDERATION AT PUBLIC HEARING SEPTEMBER 24, 1919 ALFRED £. MARLING Chairman. Committee on Retrenchment PERSONNEL OF RECONSTRUCTION COMMISSION Abeam I. Elkus, Chairman. De. Felix Adlek. JoHBT G. Agae.* Beenaed M. Baetjch, J. N. Beckley. Edwaeb F. Boyle.* Petee J. Beady. Mes. Lewis S. Chanlee. De. Heney Dwight Chapin. Addisow B. CoLviiir.* Mes. Saea A. Conboy,* Heney Evans.* Michael Feiedsam.* Mes. William H. Good. John Alan Hamilton.* Mes. Haeey Hastings. Alfeed J. Johnson.* Geeeit Y. Lansing.* Mes. Heney Moskowitz, Secretary. iS. J. Lowell.* John 0. McCall. E^OEMAN E. Mack. V. EVEEIT Macy.* AliFEBD E. MaELING.* ElCHAED S. NeWCOMBE. William M. K. Olcott.* Thomas V. Patteeson.* Geoege Fostee Peabody.* Thomas J. Quinn.* Chaeles hi Sabin.* moetimee l. s chief.* Otto B. Shulhof. Mes. Waltee W. Steele. •Chaeles P. Steinmetz. M. Samuel Steen. Aethue Williams. * Members of Committee on Retrenchment. STAFF OF THE COMMITTEE ON RETRENCHMENT The preparation of this report has heen in the hands of a staff under the direction of Mr. Robert Moses. The staff was organized as follows: Chief of Staff EoBEET Moses Assistant Chief of Staff OhANITING E. SWEITZEB Staff Members MoEEis B. Lambib Aethtje E. BtrcK E.ICHAED Mackenzie JOHIT M. GUus John H. Johnson Geoege Caeeington Anne Page SeDLEY H. PniNTfET E'enee Seligman The Staff was very materially assisted by state and city officials and members of civic and welfare agencies in the preparation and criticism of reports and charts. Special mention should be made of the report of the Advisory Engineering Committee which is printed in the appendix and of the assistance rendered by Mr. William F. McCormack in drafting amendments and bills. Contents PAGE Part I. Proposed Plan of Retrenchment 3 Chapter 1. The Underlying Principles 3 2. Summary of Recommendations 13 II. Organization of Present and Proposed Departments 45 Chapter 1. Executive 47 2. Audit and Control 53 3. Taxation and Finance 60 4. Attorney-General 70 5. State 81 6. Public Works 85 7. Conservation 99 8. Agriculture and Markets 107 9. Labor 114 10. Education 129 11. Health 160 12. Departments of Mental Hygiene, Charities and Correction 169 13. Public Service 202 14. Banking and Insurance 209 15. Civil Service 216 16. Military and ISTaval Affairs 223 III. Administrative Consolidation in Other States 233 Chapter 1. Movement Toward Administrative Consoli- tion 235 2. Earlier Proposed Plans 239 3. Plans in Operation 249 4. Plans under Consideration , . .'. . . 269 5. Summary and Conclusions 291 6. Structure of Governments of United States, Great Britain and France 294 IV. The Budget 301 Chapter 1. Movement for Budget Reform 303 2. Present and Proposed Budget System of ISTew York 308 3. Tabular Analysis of all State Budget Laws . 320 [vii] Viii Coi^TENTS PAGE y. Salaries and Pensions 363 Chapter 1. Salaries of State Employees 365 2. Pension and Retirement Systems 3Y2 VI. State Printing 379 VII. Proposed Constitutional Amendments 389 Appendix A. Eeport of Engineering Advisory Committee Appointed by Engineering Council 395 B. List of Present State Departments, Commissions and Other Agencies 403 PART I PROPOSED PLAN OF RETRENCHMENT PROPOSED PLAN OF RETRENCHMENT CHAPTER I.— THE UNDERLYING PRINCIPLES Need of Retrenchment. The general budget appropriation of the State of New York for the next fiscal year, including debt service and other fijxed charges, amounted to over $95,000,000. The estimated resources of the State were not suffi- cient to meet this appropriation. Between eighteen and twenty millions had to be provided by new legislation, not including provisions for increas- ing local resources which brought the total required up to about $50,000,000. It therefore became necessary to pass an Income Tax Law. One of the possible benefits of an income tax will be the develop- ment among the citizens of the State generally, of a more vital interest in state organization and expenditures. Because of the enormous growth in expenditures and the small prospect under present state organization and procedure of preventing excessive increases in the future, it is neces- sary to impress upon the people of the State the need of retrenchment and reorganization. Undesirable Ways of Attacking Retrenchment. There are a number of possible ways of attacking the problem of retrenchment. It may be attacked by a series of special investigations into badly organized, overstaffed or otherwise wasteful departments. We submit that experience in the past indicates that this method has had little permanent effect. It generally gives rise to charges of politics and partisanship. Even where reductions are made, the old conditions gradu- ally return and no permanent good is effected. A second method which has for its object the prevention of further increases rather than a reduc- tion of the present expenditures is to place a complete embargo on new functions of all kinds. We submit that this is not desirable if proper organization and economy accompany existing as well as new functions and projects. Recent Action by Other States. In searching for valid principles on which to base retrenchment and economy in administration we have naturally turned to the experience of other States. Common sense dictates that ISTew York should first of all study carefully the steps which have already been taken elsewhere, with a view to introducing improved methods into the conduct of public busi- ness. In making this inquiry the Commission has found that in nearly every State public attention has been forcibly drawn to the necessity of reducing expenditures or at least holding them to the lowest point con- sistent with the proper discharge of public functions and fair conditions 4 Repoet of Reconstruction Commission of employment. The Commission has also found that l^e movement for economy and efficiency has passed beyond the stage of protest and discus- sion. Between 1911 and 1917 (when the movement was temporarily checked by the war), a number of States,* instituted commissions of in- quiry for the purpose of discovering more businesslike methods in state administration. Examination of the laws creating these commissions brings out the fact that waste and duplication inevitably accompanying the maintenance of conflicting and competing offices and boards, were the main cause which led these states to seek relief. The reports hied by the several commissions are in substantial agreement on the following points : 1. State administration is a collection of offices, boards and other agencies which have been created from time to time by legislative aCt without consideration being given to the desirability of grouping all related work in one department. 2. The board or commission type of organization for purely ad- ministrative work is generally inefficient owing to the division of powers and absence of initiative and responsibility. This applies with less force to departments in which there are important quasi- judicial or quasi^legislative functions combined with administrative functions. Boards have been successful in many cases in carrying out advisory and inspectional functions and in the general super- vision of education. Ex-officio boards are almost never effective. 3. Widely scattered and independent agencies of state govern- ment cannot be effectively supervised and controlled either by the Legislature or the Governor. 4. When such a large number of agencies is independent of the Governor, he cannot be held responsible to the voters for an efficient and economical management of public business. In their recommendations for improvement of administration, the com- missions are substantially agreed that economy and responsible govern- ment can only result from : 1. The consolidation of offices, boards and commissions into a few great departments of government, each of which is responsible for the conduct of a particular major function such as finance, health, welfare, or public works. 2. Vesting the power of appointment and removal of department heads in the Goveinor ; making him in fact, as well as in theory, the responsible Chief Executive of the state. There is a difference of * See Part III. for a detailed discussion of the movement for consolidation in other states, and Part IV for a detailed discussion of the budget movement. TiiE Undeelyinu Peinciples 5 opinion as to the desirability of confirmation of the Governor's nomi- nations by the Senate. 3. A consolidated budget system with accounting control over spending officers. The budget recommendations have passed beyond the theoretical stage, for thirty-eight states have enacted legislation providing for a consolidated budget system with varying provisions as to methods of preparation, legislative review, and enactment into law. Half of these States have placed the responsibility for initiating the budget squarely upon the Grovernor. The recommendations with reference to the reorganization of boards, offices and commissions have not been accepted by the state Legislatures as readily as proposals for budget reform. The reasons are obvious. A con- solidation of a hundred or more offices, boards and other agencies affects political patronage more vitally than does a budget system, and it requires considerable courage and intelligence on the part of a Legislature to reor- ganize an entire system of state government. JSTevertheless, recommenda- tions of commissions are passing steadily into law. The State of Illinois, comparable to 'New York in wealth and population, in 1916, under the vig- orous leadership of Governor Lowden, made a complete and drastic reor- ganization of state administration, sweeping away 105 offices and agencies and consolidating the affairs of the State under nine great departments. The Commonwealth of Massachusetts by constitutional provision in 1917 prepared thfi way for a consolidation of the numerous offices and agencies composing the state administration. iSTebraska, by an act of 1919, reduced eighty-two departments and agencies to six administrative departments, six constitutional officers and four constitutional boards. Idaho, by an act approved February 19, 1919, abolished a long list of offices, boards and commissions, and created instead nine departments of civil admin- istration. Delaware has under consideration proposals for a reor- ganization of administration, consolidating 117 separate offices, depart- ments, boards, commissions and other agencies into nine depart- ments under the authority of the Governor. In Oregon a legislative commission proposes to consolidate all existing administrative agencies into ten departments. The Taxpayers' Association of California pro- poses to set up in that State twelve administrative departments in addi- tion to that of the Secretary of State. The messages of Governors in 1919 indicate that Indiana and other States are soon to follow in the footsteps of Illinois, Massachusetts, [Nebraska and Idaho. 6 RePOET OI' RECOIfSTEUCTION COMIIISSIOH" Present Administrative Organization; Its Cause. and Cure. The administrative branch of our present state government (see Chart 1 on opposite page) is a miscellaneous collection of 187 offices, boards, commissions, and other agencies. They are nearly all independent of one another and most of them are subject to no direct and effective super- vision by a superior authority. It is true that the Grovernor has in a small number of cases the power of appointment and removal, with or without confirmation by the Senate. Ex-officio elective ofiicers or the Legislature share with the Governor responsibility for the conduct of the business of some departments. Constitutional officers are not even brought under nominal executive control. Even where the Governor is the appointing authority with or without the necessity of securing con- firmation by the Senate, the terms of persons appointed are often longer than the Governor's and do not commence with his term, thus leaving a new Governor with lieutenants selected by others and not removable by him. Numerous department heads are made virtually independent for long terms, but the Governor is given only a two-year term. On entering office a new Governor finds that plans and estimates for his first year in office are already compiled and before LegioJalnre. Durifig liis second year the Governor is always on the eve of another election. It should also be borne in mind that owing to political traditions, the Governor cannot assume vigorous sujiervision over the numerous sinte figejicies without being regarded as a trespasser on the vested rights of the incumbents. The many-headed administrative structure of I^ew York which scarcely deserves the name of organization has grown up mainly as a result of haphazard methods of legislation by which new offices, boards and agencies are created from year to year with little or no reference to the existing finthpens in I'vi:- v,':.y. Ciiiznns inlpresled in some project of reform urge the adoption of new work by the state government ; they draw up a statute creating a new agency and vest in it certain powers and duties. They do not study the government minutely with a view to discovering whether their proposed new function could be placed in an existing department. The result is a duplication of similar enterprises in different parts of the government. Another cause contributing to the present chaotic system has been the traditional fear of the Governor — a fear which runs back to the royal Governors who ]ireceded the American Eevolution. When the Constitution The Undeelying Pkim-ciples 7 of 1777 was drawn up it revealed the natural distrust of the executive which prevailed everywhere in those stormy days. At no time in the history of the State has the executive enjoyed an appointing and removing power commensurate with his duties. A third cause of the present organization is the time worn theory of checks and balances which attaches great virtue to having a number of elective officers acting as a check and sharing the administrative power, and to the creation of ex-officio boards in which some or all of these officers, including in several cases members of the Legislature, are members. Specific examples of the unbusinesslike organization for administering our government are contained in Part II of this report. They are numer- ous and are found in eveiy major branch of the organization. It is suffi- cient in passing to note that there are five departments and numerous independent boards having authority over the custody of the state parks, reserves and places of interest ; that there are more than seven departments assessing and collecting taxes, one of which audits its own collections; more than ten departments of an engineering character; numerous sepa- rate and distinct control and visiting departments, boards and commis- sions for the correctional, insane ai)d charitable institutions; that the legal functions are scattered through ten departments, beside that of the Attorney-General, and that there are numerous admin- istrations of educational institutions. It is quite apparent that a consolidation of many departments or bureaus should be brought about. In discussing this subject in the Constitutional Conven- tion in 1915, President Taft remarked: "The study of the state government, like that of iNew York, with one hundred and fifty different commissions spread all over the state, only arouses in me the same feeling that I have with respect to our methods of conducting our courts : Pro- found admiration for the political adaptability of the people to make a machine work that nobody who had any real business sense would think would work under any other conditions. They get along somehow. It costs them double what it might. But so it is." Within the last decade there have been some indications of a tendency to get away from a multiplicity of overlapping boards and commissions, created to do parts of a single job. In a number of instances, notably the health, agricultural and labor services, there have been consolidations into single departments. The existing system of administration stands condemned by its obviously objectionable features. It is a vast business enterprise divided into more than one hundred and eighty different parts each running along its own lines, without a responsible head. The Constitution says that the execu- 8 Kepoet of Reconstbuction Commission tive power shall be vested in the Grovernor, but at the same time the Con- stitution and the laws strip him of the instruments for exercising that power. The officers, commissioners and agents who do the business of the state are not responsible to one authority ; they are appointed and removed by many different methods. Their terms overlap and their tenures vary. No Governor can be held responsible for the policies and conduct of high officers whom he does not appoint and whom he can not remove. It is clear that if New York wants retrenchment and efficient government it must make some one responsible who can be held to account and give him power commensurate with his obligations. There is no other way. Relation of Proper Administrative Organization to Sound System of Finance and Budget. A sound system of state finance is dependent upon a well organized plan of administration controlled by a few department heads and presided over by the Governor. The present numerous independent agencies of the state government make impossible wise planning in the distribution of public expenditures among the several branches of service ; and they like- wise work against strict and effective control over the use of money and property. It is natural for every officer to magnify the importance of his own work and to see unlimited opportunities for new services to be rendered. Inevitably he seeks an increase in his appropriations. But where there are unlimited demands made by a hundred and eighty agencies, a scramble ensues. As the costs of government increase it is necessary to balance all the claims upon the treasury against one another, and to dis- tribute appropriations on the basis of a full consideration of the interests and requirements of the State. Pliinning is essentially unified in character. Obviously, therefore, the existence of so many separate and distinct agencies uncontrolled and competing with one another for public support and public funds, militates against the development of a business- like planning for appropriations — in other words, against a proper budget system. Even if the Governor should be empowered to prepare the budget of the state for legislative consideration he could not do it effectively under the present organization. A Cabinet of a hundred and eighty or more members is unthinkable and a Cabinet is necessary to financial planning. An essential part of financial management is systematic control over expenditures after they are authorized. Every agency of the government is jealous of its own prerogatives; it resists orders and inspections; it tends to develop its own practices for keeping records and accounting for public funds. The more spigots there are in the barrel the more difficult The Underlying Peinciples 9 it is to keep a watch on them. There are too many streams and rivulets running out of New York's treasury. Present Budget System. Our present budget system instead of being the most effective instrument in the hands of the Executive for planning order and economy in the work of all departments, has been the means of further scattering authority and responsibility and of producing enormous waste in ezpenditiireL Under the appropriation methods employed in the State of New York, estimates of the needs of the several branches of government are compiled and published by the Governor, the Comptroller and the Clerks of the two legislative committees in charge of appropriations. This three-fold collec- tion, tabulation and publication of the estimates is needless and the result is confusing both to the legislators and the public, since each compilation is different from the other and each is more or less incomplete. The com- pilations do not follow a uniform classification of institutions and depart- ments, which fact adds to the confusion and difficulty of making compari- sons. Under the present budget law no document is produced which may rightly be called a budget. The huge document compiled by the Clerks of the two legislative committees is nothing more than a collection of esti- mates, with notes, compiled just as they come from the heads of offices, departments and institutions. It is not and does not purpose to be a com- plete program of expenditures for the coming fiscal year. Individual members of the Legislature may introduce as many bills as they please, carrying charges upon the treasury. Such bills may be enacted into law during or after the main body of estimates is before the Legislature. Special appropriation bills which are passed from time to time, and especially those which are rushed through near the close of the session, make impossible a complete budget plan. It is to be noted that the evil resulting from the passage of special appropriation bills has greatly increased since the present legislative budget law began to operate. In going from the old type of lump sum appropriation to the highly itemized form of appropriation, the Legislature has not recognized the difficulties of administering such minute items of expenditure. Accord- ingly, it has not provided a system of transferring within reasonable limits moneys appropriated, thus permitting a reasonable exercise of adminis- trative discretion. What little discretion has been granted is in the hands of the Comptroller, an elective officer independent of both the Governor and the Legislature. 10 Eepoet of Reconsteuction Commission The objectionable features of the present budget system may be sum- marized as follows: 1. The department estimates are merely " compiled" and sent to the Legislature, iio administrative officer acquainted with the entire business of the State reviews these estimates, compares them, balances one claim against another, cuts them down to agreed necessities, measures them against estimated revenue and lays a balanced budget before the Legislature. 2. Each member of the Legislature may introduce at any time aa many bills as he pleases, carrying charges upon the state treasury. 3. From day to day special appropriation bills are passed by the Legislature, one after the other, with no responsible officer keeping tally or measuring their merits against the total expenditures and the estimated revenues of the State. 4. The general appropriation bill of the State is made up by com- mittees of the Senate and Assembly. This bill (in 1919 a volume of 840 pages containing about ten thousand items) is brought out on the floor of the Legislature a few days before adjournment; it is debated for an hour or two, the opposing party making perfunctory, uninformed and usually futile attacks upon it; it is then passed as made up by the joint legislative budget committee. 5. After the general appropriation bill is passed, it is the common practice to rush through a large number of petty appropriation bills, amounting to a considerable sum in the aggregate, with little scrutiny and usually without debate. 6. When the Legislature adjourns no one knows how much money has been appropriated. 7. After the appropriation bills are passed, they are thrown upon the desk of the G-overnor. If the Legislature has adjourned (as is the usual practice), the Governor can veto at will appropriations without reference to the representatives of the people. If the Legislature has not adjourned, it may, of course, pass items over his veto. The Governor may not veto part of an item of appropriation. He must veto the whole item. It is therefore the practice to combine debatable and essential appropriations in a single item so as to prevent a veto. 8. "Without knowing what the total expenditures will be when the Governor has finished vetoing bills and items, the Legislature passes revenue bills to meet them. 9. The execution of appropriations is in the hands of the Comp- troller. The Undeelying Pbinciples 11 10. The result of the present budget procedure is that both the Governor and the Legislature escape responsibility and the citizens of the State pay the bill. Principles of Proposed Plan of Administrative Or^nization and Budget. The experience of other States in the Union, the experience of the national government with a consolidated administration and a cabinet system and the recommendations of competent authorities lead us to the conclusion that retrenchment and responsibility in the government of the State of New York can be achieved only through: 1. A consolidation of all administrative departments, commissions, offices, boards and other agencies into a small number of depart- ments, each headed by a single officer, except departments where quasi-legislative and quasi-judicial or inspectional and advisory func- tions require a board. 2. The adoption of the principle that the Governor is to be held responsible for good administration and is to have the power to choose the heads of depni'traents who aie to constitute his Cabinet and who are to be held strictly accountable to him through his power to appoint and remove and through his leadership in budget preparation. This involves among other things the reduction in the number of elective administrative officers to two: the Governor and a Comptroller to act as independent financial auditor. Although there are objections to the confirmation by the Senate of nominations by the Governor, we are of the opinion that this check has on the whole worked well and should be retained. 3. The extension of the term of the Governor to four years and the careful adjustment of the terms of department heads with refer- ence to the term of the Governor. Excepting members of boards with overlapping terms, department heads should have the same term as the Governor. 4. The grouping of related offices and work in each of the several departments into appropriate divisions and bureaus, responsibility for each branch of work to be centralized in an accountable chief. 5. A budget system vesting in the Governor the full responsibility for presenting to the Legislature each year a consolidated budget con- taining all expenditures which in his opinion should be undertaken by the State, and a proposed plan for obtaining the iTpr'opsni-y revenues — such a budget to represent the work of the Governor and his Cabinet. Incorporation of all appropriations based upon the budget in a single general appropriation bill. Restriction of the power of the Legis- 12 Eepoet of Reconstruction Commission lature to increase items in the budget. Provision tkat pending action on this bill the Legislature shall not enact any other appropriation bill except on recommendation of the Governor. Granting to the Governor the power to veto items or parts of items. Provision that special appropriation bills introduced after final action on the general appropriation bill shall secure the specific means for defraying appro- priations carried therein. The only serious argument advanced against such a proposed reorganiza- tion and budget system is that it makes the Governor a czar. The Presi- dent of the United States has administrative powers far greater than those here proposed to be given to the Governor. The Mayor of the City of New York appoints and removes all of the important department heads, and citizens know whom to hold accountable. The Governor does not hold office by hereditary right. He is elected for a fixed term by universal suffrage. He is controlled in all minor appointments by the civil service law. He cannot spend a dollar of the public money which is not author- ized by the Legislature of the State.' He is subject to i-emoval by impeach- ment. If he were given the powers here proposed he would stand out in the limelight of public opinion and scrutiny. Economy in administra- tion, if accomplished-, would redound to hi.-; credit. Wtiste and extrava- gance could be laid at his door. Those w'lo cannot endure the medicine because it seems too strong must be content with waste, inefficiency and bungling — and steadily rising cost of government. The system here pro- posed is more democratic, not more "royal" than that now In existence. Democracy does not merely mean periodical elections. It means a government held accountable to the people between elections. In order that the people may hold their government to account they must have a government that they can understand. No citizen can hope to understand the present collections of departments, offices, boards and commissions, or the present methods of appropriating money. A Governor with :•. Cabinet of reasonable size, responsible for proposing a program in the annual budget and for administering the program as modified by the Legislature may be brought daily under public scrutiny, held accountable to the Legislature and public opinion, and be turned out of office if he fails to measure up to public requirements. If this is not democracy then it is difficult to imagine what it is. The proposals here advanced are not partisan. Republican leaders and Democratic leaders of the highest standing and widest experience have endorsed the principles upon which they rest. They have appeared in the Progressive and Socialist platforms. Every Gover- nor in recent years has made some recommendations along these lin^s but the issue has never been placed squarely before the people. CHAPTER 2.— SUMMARY OF RECOMMENDATIONS. Proposed Departments. The State government will be organized with the following depai-tments : Executive Department. Department of Audit and Control. Department of Taxation and Finance. Department of Attorney-General. Department of State. Depaitment of Public Works. Department of Conservation. Department of Agriculture and Markets. Department of Labor. Department of Education. Department of Health. Departments of Mental Hygiene, Charities and Correction. Public Service Commissions. Departiuents of Banking and Insurance. Department of Civil Service. Department of Military and JSTaval Affairs. Proposed Organization of the Executive Department. 1. Establish a Bureau of Administration as an independent staff agency in the Executive Department under a Director to be appointed by the Governor and to serve at his pleasure. 2. This Bureau will be organized with three permanent divisions, each under an Assistant Director in the competitive class, and one temporary division under a Special Examiner in the competitive class. Permanent : Budget Division, to report on the preparation and revision of the budget. Division of Reports and Special Investigations, to make special investigations for the Governor, department heads and the Legislature and to supervise the publication of reports and other documents of the various departments. Pension Division, to prepare and eventually to administer a proper pension system for state employees. Temporary (to be merged eventually with the Budget Division) : Division of Classification of Salaries, to prepare in co-opera- tion with the Civil Service Commission for submission to the Governor and Legislature a classification of personal service and salaries to govern aU state employees. 14 Kepoet of Eeconsteuctioit Commission 3. Transfer of the Bureau of Administration the following exist- ing agencies: State Printing Board (supervision of depaiiment publica- tions only. All other functions to the Department of Taxation and Finance). Salary Classification Commission. The Commission on Pensions and the Board of Ketirement of Hospital Employees should be continued until a plan of retirement is formulated and adopted. 4. Only statutoiy revisions are required to effect these changes. Proposed Organization of the Department of Audit and Control. 1. Establish a Department of Audit and Control of which the Compti'oUer, elected for a term ecjual in length to that of the Grov- emor will be the head. This will require constitutional change, pro- vided the Governor's teiTu is made four yeais. The fundamental duties of the Comptroller will be outlined in the Constitution in order to prevent the asftignn\ent to his depaiiment by statute of purely administrative functions. The department will be required to perform only those functions which come within the category of audit and control, and the numer- ous administrative duties now performed by the Comptroller's office will be transferred to the administrative department?. This depart- ment will not receive budget estimates or be responsible for their compilation. 2. Only two deputy comptrollers will be necessary. They will be able easily to supervise the work of the department, one being in charge of the Albany office and one in charge of the branch office in New York city. 3. The Department of Audit and Cr.u'vol \v\] he orgnjiizcd wit'i four bureaus, namely, Audit Bv.'rr;in, Fiiiarr-e Hurcau, Munici])al Accounts Bureau and Bureau of Adnunistration. Tliei'e will lie a director in the competitive class under civil servi-jp at the head of each of the bureaus excepting the Bureau of Administration which will be under the Secretary of the Department. The Audit Bureau will audit the books and records of the depart- ments and institutions of the State. The annual report of the Department will be prepared by this Bureau, and in addition, all financial statements. The Finance Bureau will have control over accounts against the state; will audit all payrolls and vouchers before pavment- and will Summary of Kecommendations 15 keep appropriation accounts and other finaaicial records. It will also audit all revenue accruals and collections. The IVIunicipal Accounts Bureau will examine the accounts of all municipalities of the state other than cities of the first class, and will compile comparative data on municipal finances. The Bureau of Administration will be in charge of ofiice manage- ment and the budget, finances, personnel and reports of the department. The Highway Bureau will be abolished and such of its accounting functions as it may be necessary to continue will be placed in the Audit Bureau of the proposed department of Audit and Control. The Highway Bureau audits the accounts and records of the present Highway Department which will be merged into the proposed Department of Public Works. 4. All functions not distinctly those of audit and control, as the accrual and collection of revenues, will be removed from the Comp- troller and gbren to administrative departments. Practically all of the functions performed by the Corporation Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, State Printing Board, Bureau of Canal Affairs, License Bureau, Investment Tax Bureau and Stock Transfer Bureau will be transferred from the present Comptroller's ofiice to the proposed Department of Taxation and Finance. 5. All positions in this department below the deputies, not of a distinctly confidential nature, will be classified in the competitive class under civil service. 6. All of the proposed changes may be effected by statutory revi- sions except the lengthening of the Comptroller's term and limita- tion of his functions. There require constitutional amendment. Proposed Organization of Department of Taxation and Finance. 1. Establish a Department of Taxation and Finance. The head of this department will be the Commissioner of Taxation and Finance, who will be appointed by the Governor with the consent of the Senate and will serve at his pleasure. He will have not more than two deputies in the exempt class. The work of the department will include only those functions of the state government which are essentially financial in character, i. e., the assessment, equalization, levy, collection, management and disbursement of public revenues. 16 Repoet of RECOKSTBucTioiir Commission Transfer to this department the functions of the following exist- ing agencies: State Treasurer, Tax Department, Board of Equalization, Excise Department, Commissioners of the Canal Fund, State Printing Board, Central Supply Committee, the functions at present performed in the following bureaus of the Comptroller's office, excepting in so far as they involve audit: Corporation Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, Bureau of Canal Affairs, License Bureau, Investment Tax Bureau, the functions at present performed in the following bureaus of the Secretary of State's office: Bureau of Motor Vehicles, Administration Bureau (motor vehicle functions), and the following function of the Insurance Department: Assessing and collecting of the tax on forei^ insurance companies. 2. The department will be organized with five bureaus : Bureau of Taxation and Revenue, Bureau of Motor Vehicles, Bureau of Treasury, Bureau of Purchasing, Bureau of Administration. These bureaus will be subdivided into logical and necessary sub- divisions. Directors will be at the head of the Bureau of Taxation and Revenue and Motor Vehicles. The head of the Bureau of Treasury will be the Treasurer. The head of the Bureau of Pur- chasing will be the supervisor of purchasing. These four bureau heads will be appointed by the Director of Taxation and Finance under competitive civil service rules. The head of the Bureau of Administration will be the Secretary of the Department. The Bureau of Taxation and Revenue will supervise, assess, equalize and levy taxes, determine franchise values, and issue licenses. This bureau will contain a board of equalization consisting Summary of Recommendations 17 of three members : The Director of Taxation and Finance, the Attor- ney-General and the Comptroller. The Bureau of Motor Vehicles will perform the work of the Motor Vehicle Bureau and part of the work of the Administration Bureau now under the office of the Secretarv' of State. The collection, custody, management and disbursement of public revenues will be under the Bureau of Treasury. The Bureau of Purchasing will contract for, purchase and dis- tribute as far as feasible, the printing, supplies, materials and equipment for the several departments and institutions of the State. It will include a division of classification of supplies to prepare and maintain in co-operation with the heads and purchasing agents of boards of the several departments a classification of expenditures to govern purchases by the various state departments. The Bureau of Administration will have charge of office manage- ment and the budget, finances, personnel and reports of the Depart- ment. The consolidation into a single department of the existing independent and scattered offices according to the plan here recom- mended will result in the elimination of a large part of the present expenditures for the overhead of these separate offices. The Depart- ment of Taxation and Finance will, of course, have to maintain branch offices in New York and BufFalo, but instead of the four separate offices at present maintained in Isew York City for the a,dministration of financial functions, only one will be necessary. 3. The present Commission on State and Federal Taxation will be abolished and its functions transferred to the Commissioner of Taxation and Finance. 4. Both constitutional and statutory changes will be necessary to establish a Department of Taxation and Finance. The State Treasurer who is an elective officer under the Constitution will have to be made an appointive officer under the Commissioner of Taxa- tion and Finance. The Commissioners of the Canal Fund, now a constitutional body composed of the Lieutenant-Governor, Secretary of iState, Comptroller, Treasurer and Attorney-General will have to be abolished. Statutory changes only are required in order to consolidate the several independent departments and bureaus under the Department of Taxation and Finance and may be made immediately. Proposed Orgnization of the Department of Attorney-General. 1. The Attorney-General will be appointed by the Governor with the consent of the Senate and will sen'e at his pleasure. 18 Kepoet of Reconsteuctioit Commission 2. All of the legal work of the State will be conducted tmder the supervision and control of the Attorney-General although special attorneys may be assigned offices in the various departments. This will involve the transfer of all counsel and legal divisions in other departments to the Attorney-General. S'. So much of the present Department of State Police as is necessary will be retained and be attached to the Attorney-General's offic« as a Bureau of Investigation. Members of this bureau will be assigned as decided by the Attorney-General, to be in constant touch with the local district attorneys and to assist in preventing the breaking of laws and in the apprehension of criminals. 4. The Attorney-General's office will be organized with the fol- lowing bureaus: Legal Staff, Bureau of Investigations, Court of Claims Bureau, Title Bureau, Finance and Claims Bureau. The Legal Staff will include all attorneys employed in the legal business of all departments. The Bureau of Investigations will take the place of the present State Police. The Court of Claims Bureau will continue to have as its duty the defense of the State in the Court of Claims in connection with the Barge Canal, terminals and highways, as well as the handling of claims in erroneous affixing of stamps in stock transfers. The Pinance and Claims Bureau will give assistance in the handling of the financial matters of the department and will co-operate with the Title Bureau in securing documents and papers, in clearing titles, preparing the departmental budget and attending to legislative matters. The Title Bureau will approve titles to lands acquired for the improvement of the Barge Canal, terminals and highways and will cover titles to lands imder water and pass on titles for lands for various preserves. 5. Constitutional amendment is required to make the Attorney- General an appointive instead of an elective officer. All other pro- posed changes require only statutory revision and may be made immediately. However, pending constitutional amendment, the Counsel to the Governor and to the quasi-judicial Public Service and Industrial Commissions will not be transferred to the Attorney- General. Summary or Recommendations 19 Proposed Organization of the Department of State. 1. The Secretary of State, the head of the proposed department of State, will be appointed by the Governor and will serve at his pleasure. He will have one deputy. 2. The Department of State will be organized with the following bureaus : Bureau of Records, Corporation Bureau, Bureau of Elections. < 3. The duties of the State Board of Canvassers, State Board of Examiners of Voting Machines and State Superintendent of Elec- tions will be transferred to the proposed Bureau of Elections of the Department of State, and the K'otarial Bureau in the Executive Department to the proposed Bureau of Records. 4. The Bureau of Motor Vehicles at present in the office of the Secretary of State will be transferred to the Department of Taxation and Finance. There will be chief clerks in charge of the Bureau of Records and Corporation Bureau and a director in charge of the Bureau of Elec- tions. These positions will be in the competitive class under civil service. 5. Constitutional amendment is required to make the Secretary of State an appointive office. The other recommendations will require only statutory changes. Proposed Organization of the Department of Public Works. 1. Establish a Department of Public Works at the head of which will be a Commispioner appointed by the Grovemor who will serve at his pleasure. The Commissioner will have two deputies. 2. Transfer to the proposed Department of Public Works the functions of the following existing agencies: Department of State Engineer and Surveyor, Department of Public Works, Department of Highways, Department of Architecture, Commissioners of the Canal Fund, Canal Board, Trustees of Public Buildings, !N"ew York Bridge and Tunnel Commission, Interstate Bridge Commission, Engineering and Construction Work of the Department of Conservation. 20 Eepokt of Reconsteuction Commission New York-New Jersey Port and Harbor Development Commission, Long Island Waterway Improvement Board. In all interstate public works projects the Commissioner of Public Works will represent and cast the vote of the State of New York. 3. The work of the proposed department will be organized with the following bureaus : Bureau of Engineering, Bureau of Waterways, Bureau of Highways, Bureau of Architecture, Bureau of Administration. There will also be Advisory Boards on Engineering, Architectural and Waterway Projects. The head of the Bureau of Engineering will be the Chief Engineer of the Bureau. The head of the Bureaii of Waterways will be the Chief Engineer of Waterways. The head of the Bureau of High- ways will be the Chief Engineer of Highways. The head of the Bureau of Architecture will be the State Architect. The head of the Bureau of Administration will be the Secretary of the Depart- ment. These positions will all be in the competitive class under civil service except the Secretary. Examinations for these positions will be conducted by examiners selected from a list of nominations by the Engineering Council. These bureaus will be subdivided as follows: Bureau of Engineering: Division of Construction, Division of Design, Division of Surveys, Division of Testing, Division of Office Management. Bureau of Waterways: Division of Construction, Division of Real Estate, Division of Operation, Division of Traffic, Division of Boat Inspection and License, Division of Office Management. Bureau of Highways: Division of Construction and Maintenance, Division of Office Management. SUMMAEY OF BeCOMMENDATIONS 21 Bureau of Arcliitecture : Division of Design, Division of Inspection, Division of Office Management. Bureau of Administration: Division of Statistics and Accounts, Division of Clerical Service, Division of Purchase and Stores, Division of Claims. 4. The following agency will be transferred to the federal govern- ment. Port Wardens. 5. The following agencies will be abolished: Commission on West Side Improvements, Harbor Masters. The records of the Commission on West Side Improvements will be transferred to the Public Service Commission. The records of the Harbor Masters, if any^ will be transferred to the local govern- ments of Hudson, Rondout and Tari-ytown. 6. Both constitutional and statutory changes are required to carry out these recommendations. Proposed Organization of Department of Conservation. 1. There will be a Department of Conservation under a Commissioner to be appointed by the Governor with the consent of the Senate to serve at his pleasure. 2. The Counsel of the Department will be transferred to the office of the Attorney-General. 3. The Department will perform the functions now exercised by the Conservation Commission; have the custody of all state lands and parks which are of value as recreation grounds, or in the conservation of forests and sources of water supply: also all places of historic and scientific interest now under the control of other departments or of independent boards and commissions or semi-public agencies. The following places now under state departments will be transferred to the Conservation Commission : The Senate House at Kingston will be transferred from the Trustees of Public Buildings; Guy Park House from the Superintendent of Public Works; the Saratoga Battle Monu- ment from the Comptroller ; Lester Park, Clark's Eeservation and Stark's Knob from the Department of Education. The following places now under independent boards or agencies will be transferred to the Conservation Commission: Washington's Headquarters at ^N'ewburg and Temple Hill. 22 Repokt of Reconstruction Commission Niagara State Eeservation. Fire Island State Park. Herkimer Home. Watkins Glen Eeservation. Mohansic Lake Reservation. Schuyler Mansion. jSTewtown Battlefield Reservation. Lake George Battlefield. Crown Point Eeservation. Bennington Battlefield. Stony Point Battlefield. Fort Brewerton. Phillipse Manor House. Letchworth Park. John Boyd Thaeher Park. Battle Island Park. Montcalm Park. Spy Island. Grant Cottage. Clinton House. Sir William Johnson Mansion. In order to maintain local or special interest and support the present boards or associations will continue as boards of trustees, but the cost of appropriations, expenditures and upkeep will be in the Conservation Department, which will appoint the necessary employees subject to civil service rules. All additions, alterations or repairs to buildings in the places above listed will be under supen'ision of the State Architect. 4. The Palisades Interstate Park will continue to be under the direc- tion of the trustees with the addition of the Commissioner of Conserva- tion, ex-officio. All state appropriations will be made to the Conserva- tion Department and will be expended with the approval of the Commissioner. 5. The Bronx Parkway Commission will be abolished and the custody and further development of properties in its name will be transferred to the Conservation Department.. 6. The Department will have the following bureaus : Bureau of Administration. Bureau of Waters. Bureau of Land and Forests. Bureau of Fish and Game. Bureau of Saratoga Springs. SUMMAEY OF EeCOMMBNDATIOK8 23 There will be a Director in the competitive class under civil service in charge of each of these bureaus excepting the Bureau of Administration which wiU be in charge of the Seci^etary of the Department. The reservations and places transferred to this Department will be under the Bureau of Lands and Forests. 7. The above recommendations will require only statutory changes. 8. Constitutional changes will be required to give the Commissioner power in the use of state forest lands to the best advantage and to extend the jurisdiction of the State to privately o\vned forests. Proposed Organization of the Department of Agriculture and Markets. 1. The Council of Agriculture and Markets will be continued for the present as the head of the Department and will be composed of one representative from each of the nine judicial districts of the State, one representative at large, and the Commissioner of Mairkets of New York City ex-officio; the ten members to be elected by the Legislature for terms of ten years as at present. 2. The present Division of Agriculture and Division of Foods and Markets under the Council of Farms and Markets will be consolidated into a single Department of Agriculture and Markets under the direction of a Commissioner of Agriculture and Markets to be appointed and removed by the Council and to hold office at its pleasure. S'. The Department of Farms and Markets will be divided into seven bureaus: Bureau of Administration. Bureau of Plant Industry. Bureau of Animal Industry. Bureau of Farm Management. Bureau of Co-operative Associations. Bureau of Weights and Measures. Bureau of Markets and Storage. Each Bureau will be under a Director in the competitive class under civil service excepting the Bureau of Administration which will be under the Secretary of the Department. 4. The present Counsel and Legal Bureau will be transferred to the office of the Attorney-General. 5. The State Fair Commission will be abolished and its functions will be transferred to the Bureau of Farm Management. 6. Only statutory changes will be necessary to effect the organ- ization of the proposed Department of Agriculture and Markets. 24 KePOET of RKCONSTBtrCTION OOMMISSION Proposed Organization of the Department of Labor. 1. Place at the head of the Department of Labor an Industrial Commission consisting for the present of five and ultimately of three members appointed by the Governor with the advice and consent of the Senate for terms of five years. 2. The Industrial Commission will appoint a Director of Labor who shall be the administrative head of the department and serve during good behavior. 3. The Commission will also appoint a Secretary, who will pre- pare the calendar for the Commission, do the general administrative and secretarial work of the Commission and serve as Secretary to the Industrial Council. 4. The present Counsel and his assistants will be transferred to the Attorney-General's ofiice if the Attorney-General is made appointive. 5. The Industrial Council will be reorganized under a chairman who by specific provision may not be a member of the Commission and will establish in the important industries of the state representa- tive sub-councils of employers and employees for the discussion and action upon common problems of industry and for consultation by the commission and the industrial council. The ten members of the council will be appointed by the Governor for terms of five years, two terms ending each year. The Chairman will continue to be chosen by vote of the members of the council and will hold office at the pleasure of the council. 6. The Department will be organized with a staff and seven bureaus, as follows: Industrial Staff, Bureau of Administration, Bureau of Employment, Bureau of Statistics and Information, Bureau of Inspection, Bureau of Mediation and Arbitration, Bureau of Workmen's Compensation, Bureau of the State Insurance Fund, The head of the Bureau of Administration will be the Secre- tary of the Department. The head of the Industrial Staff will be the Chief of the Industrial Staff. The head of the Bureau of Employment will be the Chief of the Bureau of Employment.' Summary of Recommendations 25 The head of the Bureau of Statistics will be the Chief Statistician. The head of the Bureau of Inspection will he the Chief of the Bureau of Inspection. The head of the Bureau of Mediation aud Arbitration will be the Chief of the Bureau of Mediation and Arbitration. The head of the Bureau of Workmen's Compensation will be the Chief of the Bureau of Workmen's Compensation. His depu- ties will be known as Deputy Commissioners of Compensation. The head of the Bureau of the State Insurance Fund will be the manager of the State Insurance Fund. The heads of all these bureaus will be in the competitive class under civil service excepting the Secretary. 7. The present Bureau of Industries and Immigration will be abolished. The duties of the Commission with reference to the edu- cation of aliens, at present placed in the Bureau of Industries and Immigration, will be transferred to the Department of Education. 8. The present Division of Industrial Hygiene in the Bureau of Inspection will be combined with the Bureau of Industrial Code and the Bureau of Women in Industry in a single industrial staff. 9. In connection with the development of the Bureau of Employ- ment, a bill will be passed providing that all private employment agencies in the State shall be licensed and shall pay a fee of $250. The Industrial Commission will license every^vhere in first and second class cities. Half the fees of such cities and all of the. fees elsewhere will go to the Stat.e Industrial Commission for the support of the Bureau of Employment. The Bureau of Employment will develop a program including the following subjects: (1) The organization of the labor market to bring about extensive dovetailing of winter and summer trades and to stimulate the use of subsidiary trades. (2) Directing labor to new occupations when changes of industrial structure result in displacement from chosen occu- pations. (3) Reserving certain places in industry for older men and women and leaving the younger generation the task of finding and forcing fresh openings for themselves. (4) Concentrating attention upon the need for industrial training, including "vestibule" or preliminary training, where such training does not lead to " blind alley " employment, 26 Eepobt of Reconsteuction Commissioit training in plants to increase efficiency while gainfully em- ployed, and training in trade and business schools. This should be done with the state and local departments of educa- tion and with private educational institutions. (5) Directing boys and girls away from "blind alley" em- ployment. (6) Testing periodically and comprehensively the amount of unemployment. This should be done by the Bureau of Employment in co-operation with the Bureau of Statistics and Information. (7) In cases of seasonal employment or depression, urging employers to shorten hours rather than discharge employees. 10. The Bureau of Statistics and Information will co-operate with the Bureau of Employment in the issuance of employment statistics covering the largest possible number of employees and in the prepara- tion of statistics on wages and the cost of living. The funds of the Bureau of Statistics for this and other purposes will be increased and statistical field agents will be provided. 11. The Bureau of Mediation and Arbitration will take a larger part in settling industrial disputes. It will be organized under a Chief who will have a panel of twenty representative citizens who will act as mediators and arbitrators when called upon, and such assistants as are required to moke investigations and gather statistics. 12. The work of the Bureau of Workmen's Compensation will be so arranged as to limit drastically the number of reviews by and appeals to the Commission. A careful codification will be made of the decisions of this bureau. A medical social service staff will be created in this bureau to follow up cases. 13. The State Insurance Eund will be placed in a bureau separate from the Bureau of Workmen's Compensation and immediately under the Director. An annual audit of the fund will be made by the Superintendent of State Insurance. 14. If a minimum wage or health insurance legislation is passed, the administration will be provided for in new bureaus under the Director of Labor, and not in independent new departments. 15. The above recommendations will require only statutory changes. Proposed Organization of the Department of Education. 1. The Board of Regents of the University of the State of New York will continue to be elected by the I^egislature. It will be com- Summary oe" Recommendations 27 posed of twelve members as at present, one from each judicial district and three at large, appointed in rotation one each year for a term of twelve years. 2. The Board of Regents will continue to appoint the Commis- sioner of Education to serve at its pleasure. The commissioner will be executive head of the department. 3. The State Department of Education will be organized with seven bureaus, each directly under the Commissioner of Education, as follows: Bureau of Administration, Bureau of Elementary and Secondary Education, Bureau of Agricultural and Vocational Education, Bureau of Higher Education, Bureau of Extension, Bureau of Special Education, Bureau of Reference and Research. There will be a Director at the head of each bureau. The Director of Elementally and Secondary Education will be designated by the Board of Regents as the Deputy Commissioner of Education. 4. The Bureau of Administration will be organized with the fol- lowing divisions: Office of the Chief Clerk, Division of Engineering, Division of Grounds and Buildings, Division of Printing. 5. The Bureau of Elementary and Secondary Education will be organized with the following divisions: Division of Elementary Education, Division of Secondaiy Education, Division of Examinations and Inspections, Division of Teachers' Training. Division of Registration and Employment, Division of Physical Training and Recrejition, Division of Attendance. The inspection of nil elementary and secondary schools will be undertaken by the Division of Examinations and Inspections, and legislation will be enacted definitely locating responsibility in local superintendents and the State Department for the maintenance of proper standards. The State Normal schools will be placed under the Division of Teachers' Training of the Bureau of Elementary and Secondaiy Repokt of Reconstkuction Commission Edueation. The principal of each Normal school will submit a yearly report to the Commissioner of Education of the work of the school under his supervision. A thorough study will be made of the standards and work of the Normal schools and a consistent and adequate policy will be adopted for the training of teachers within the State. This policy will determine the number, location, con- struction, courses and staff of Normal schools. The Military Training Commission will be abolished and the functions of building up the physique of school children and recrea- tion will be vested exclusively in the Division of Physical Training and Recreation. 6. The Bureau of Agricultural and Vocational Education requires no separate divisions. The present powers and duties of the local board of managers of the following agricultural schools will be transferred to this Bureau : Delhi, Schoharie, Morrisville, Farmingdale, St. Lawrence. Each school will have a local board of managers of seven members who will be appointed by the Commissioner of Education, with the approval of the Board of Regents. Such local boards will have the power of visitation and inspection. The Advisory Board for the Promotion of Agriculture will act in an advisory capacity to this Bureau. The supervision of the following institutions will be a function of the Bureau: State College of Forestry at Syracuse University, State Veterinary College at New York University, State School for Ceramics and Clay Working at Alfred University. This Bureau will also supervise the expenditure of state funds by the State College of Agriculture at Cornell and the Agricultural Experiment Station at Geneva. The New York State Nautical School will be turned over to the federal government, if this is possible. If not the school will be placed in this Bureau with a reduced appropriation. 7. The Bureau of Higher Education requires no separate divisions. It will have general supervision of standards of higher education and of registration and certification of the professions. In addition to the professions now supervised, the Bureau of Higher Education Summary ok lliccuMiiEKDAXioNS 29 will supervise the work of the Board of Law Examiners and the Board of Embalming Examiners and members of these boards will have the same relation to the Department of Eduoation as have the examining boards of the other professions. The Bureau will there- fore take charge of the registration and certification of the following professions : Certified Public Accountants, Certified Shorthand Reporters, Registered Architects, Optometrists, Chiropodists, Veterinarians, Dentists, Pharmacists, Doctors, Nurses, Embalmers, Attorneys. 8. The Bureau of Extension will be organized with the following divisions : Division of State Library, Division of Museum, Division of Americanization and Extension, Division of Extension Activities. The present powers and duties devolving upon the Bureau of Industries and Immigration in the Labor Department, having to do with the education of illiterates will be transferred to the Division of Americanization and Extension of the Bureau of Extension. The Division of Americanization and Extension will be charged with the supervision and instruction of illiterates. The present Legislative Library and all of the Supreme Court Libraries will be transferred to the Division of State Library. The present trusitees of these libraries will be retained in an advisory capacity. 9. The Bureau of Special Eduoation will be organized with the following divisions: Division of the Blind, Diviaion of Indian Affairs, Division of Deaf Mutes, Division of State Charges. The Director of the Bureau of Special Education will employ an expert to be the head of the Division of the Blind and witlh 30 Kepobt of Reconsteuction Commission the approval of the Commissioner and Board of Regents will also appoint an advisory board on blind, consisting of three members to serve without compensation, one member to have training or experience in connection with the care of the blind, and the other two to be reputable business or professional men with broad execu- tive experience. The State School for the Blind at Batavia will be placed under the jurisdiction of the Division of the Blind. The Fiscal Supervisor and Board of Charities will be relieved of all responsibility with reference to the care of the blind. The Legisla- ture will mate annual appropriations to the State and other institu- tions on the basis of estimates submitted by the Commissioner of Education. There will be formulated and adopted a scientific and practical definition of blindness which shall be officially recognized by the State of New York and a consistent policy with reference to the registra- tion, education, training, employment and care of the blind residents of the State and the prevention of blindness. The Director of the Bureau of Special Education will appoint with the approval of the Commissioner of Education and the Board of Regents, a properly qualified person to supervise the care of the deaf and dumb. A uniform policy with reference to the education, registration, training, employment and general care of all deaf mutes will be formulated and adopted. The Commissioners of the Land Office, State Board of Charities, Fiscal Supervisor and the Governor will be relieved of all direct responsibility with reference to the care of the Indians and the Division of Indian Affairs of the Bureau of Special Education will be given responsibility for Indian care. The Division of State Charges under the Bureau of Special Education will co-operate with the institutional departments directly and through the Council of Public Welfare in supervising and recoromending adequate educational facilities for the education of inmates and patients in the several state institutions. 10. The Bureau of Reference and Research will act as an inves- tigating staff and clearing house of information for the department. 11. The supervision of medical inspection of school children at present under the Department of Education will be transferred to the Health Department. 12. It is recommended that the division of the State into school districts, outside of the cities and towns of five thousand be based on a larger unit, preferably the county, with a properly qualified superintendent. Summary of Recommendations 31 13. The Counsel to the Education Department will be transferred to the office of the Attorney-General. 14. These recommendations will require only statutory changes. Proposed Organization of tli« Department of Health. 1. The Department of Health will continue to be administered by a Commissioner and one deputy with the advice and assistance of a Public Health Council. The term of the Commissioner will continue to be six years. He will be appointed by the Governor with the consent of the Senate. The Public Health Council will consist of the Commissioner ex-o£B.cio and six members, of whom three shall be physicians appointed by the Governor for overlapping terms of six years. 2. The department will be organized with the following bureaus: Bureau of Administration, Bureau of Laboratories and Research, Bureau of Publicity and Education, Bureau of Vital Statistics, Bureau of Venereal Diseases, Bureau of Communicable Diseases, Bureau of Child Hygiene, Bureau of Sanitary Engineering, Bureau of Tuberculosis, Bureau of Narcotic Drugs. Each Bureau will be in charge of a Director in the competitive class under civil service, excepting the Bureau of Administration, which will be under the Secretary of the department. The func- tions of these Bureaus will be the same as at present with the additions noted below. 3. The Institute for the Study of Malignant Diseases will be trans- ferred to the State Department of Health, to be administered by the Bureau of Laboratories and Research. 4. School medical inspection, now in the Department of Educa- tion, will be transferred to the State Department of Health to be administered by the Bureau of Child Hygiene. 5. The Hospital for Crippled and Deformed Children and the control of all such children requiring state aid will be transferred to the State Department of Health to be administered by the Bureau of Child Hygiene. 6. The Hospital for the Treatment of Incipient Pulmonary Tuber- culosis will be transferred to the State Department of Health to be administered by the Bureau of Tuberculosis. 32 EePOET of RECONSTBUCTIOIf CoMMISSIOlir 7. The State Department of Health, and through it the local health departments, will supervise the inspection and sanitation of immigrant camps and lodging houses, now a function of the Bureau of Industries and Immigration of the State Industrial Commission. 8. The present Department of Narcotic Drug Control will be transferred to the State Department of Health. This function will be under a new Bureau of l^arcotic Drugs. 9. It is recommended that the Public Health Council make a report on the county as the local supervisory unit, planning in detail the organization and j&nancing of this unit and its relation to the district units. It is also recommended that suflScient funds be appro- priated to experiment with such unit or units in cooperation with one or more counties. It is also recommended that the Health Council report on the desirability of separating the sanitary super- visors from the Bureau of Communicable Diseases and establishing a new Bureau of Local Health Supervision. 10. These recommendations require only statutory changes. Proposed Organization of the Departments of Mental Hygiene, Charities and Correction. 1. There will be a Department of Mental Hygiene which will be under the direction and control of a Commission on Mental Hygiene composed of a physician required to have ten years' experience in the care and treatment of the insane in an institution for the insane, a reputable attorney of ten years' standing and a reputable citizen all appointed by the Governor with the advice and consent of the Senate to hold office during good behavior in the case of the physician and for six years in the case of the other two members. The Commission wilL be responsible for the formulation and admin- istration of policies for the care of the insane, feeble-minded and epileptic, will direct and be responsible for the administration of all institutions for the insane, feeble-minded and epileptic and will visit and inspect all homes, institutions or other places within the State where the insane, feeble-minded and epileptic are detained. The physician will act as chairman of the Commission. 2. There will be a Department of Charities to be under the direc- tion and control of a Board of Charities composed of twelve mem- bers, one from each judicial district and three additional members from New York City, appointed two each year for terms of six years, by the Governor with the advice and consent of the Senate. This Board will visit and inspect all state, county and municipal Summary of Recommendations 33 institutions, incorporated or not incorporated, which are of a char- itable character, irrespective of whether or not they receive public aid, excepting correctional institutions and institutions for the insane, feeble-minded and epileptics. 3. There will be a Department of Correction which will be responsible for developing and administering the state's policy with reference to the care of juvenile and adult delinquents, and which will be under the direction of a Commissioner appointed by the Governor with the advice of the Senate and serving at his pleasure. 4. There will be a Council of Correction, consisting of five mem- bers, of whom at least one shall be a woman, to be appointed for overlapping terms of five years by the Governor with the consent of the Senate which will advise and inspect state and local correctional institutions and supervisor parole and parole and probation. 5. There will be also in th© Department of Correction a paid Board on jParole and Probation appointed by the Council of Cor- rection and serving at its pleasure, to be composed of three paid members, one of whom will be a woman. This Board will parole all state prisoners, investigate and report on local probation system and hold preliminary hearings on pardons at the request of the Governor. 6. For each institution under the Departments of Mental Hygiene and Correction, including prisons, there will be a Board of Managers consisting of seven members (of whom not less than two will be women) appointed by the Governor with the consent of the Senate for overlapping terms of sevfen years. Superintendents of institu- tions excepting prisons, will be appointed by the Commission on Mental Hygiene or the Commissioner of Correction, as the case may be, subject to the approval of the local boards, excepting superin- tendents of prisons, who will be appointed as the result of civil service examinations open to the public, including residents of other states. 7. There will be' a Council of Public Welfare to be composed of the Chairman of the Commission on Mental Hygiene, the Com- missioner of Correction, President of the Board of Charities, Com- missioner of Health and the Commissioner of Education. This council will act as a clearing house of advice and investigation in the general field of public welfare. It will collect statistics, make studies of the maintenance and construction of institutions, proper assignment and transfer of inmates in the various groups of institutions; the best use of the farms, industries and other 2 34 Eepoet of Reconstkuctiok Commission economic materials in connection with the administration of all state institutions; the employment, compensation and welfare of institutional employees; deportation of inmates properly belonging to other states and countries; methods of purchasing and distribut- ing supplies, materials and equipment, and of the present admin- istration of local institutions by counties. 8. The following commissions, boards and departments will be- abolished : Hospital Commission. Hospital Development Commission. Board of Eetirement. State Board of Charities. Fiscal Supervisor. Salary Classification Commission. Building Improvement Commission. Board of Examiners of Feeble-Minded Criminals and other Defectives. Commission for the Care of Mental Defectives. Superintendent of Prisons. State Commission on Prisons. Board of Parole. Probation Commission. Board of Classification. 9. The Thomas Indian School will be transferred to the Depart- ment of Education. 10. The Institution for the Care and Treatment of Crippled and Deformed Children and the Institution for the Care and Treatment of Incipient Tuberculosis will be transferred to the Department of Health. 11. The Soldiers' and Sailors' Home at Bath and the Woman's Relief Corps Home at Oxford will be transferred to the Department of Military and Naval Affairs, 12. These recommendations require both constitutional amend- ment and statutory revision. Proposed Orgfanization of Public Service Commissions. 1. There will continue to be two Public Service Commissions to- be known as the First and Second District Commissions each under a single Commissioner appointed by the Governor with the consent of the Senate to serve at his pleasure. 2. Each Commissioner will have two Deputies. The Commis- sioner and Deputies in each district may sit as a board or individually Summary of Recommendations 35 in the decision of quasi-judicial and quasi-legislative questions, but the Commissioner will be responsible for all decisions. 3. The present Transit Construction Commission in the First District will be transferred to thie City of New York and the Com- missioner will be appointed by the Mayor. 4. The following bureaus will be created in the First District Commission : Bureau of Light, Heat and Power. Bureau of Capitalization, Statistics and Accounts. Bureau of Transit Inspection. Bureau of Administration. There will be Chief Engineers at the heads of the Bureaus of Light, Heat and Power and Transit Inspection, a Chief Statistician at the head of the Bureau of Capitalization, Statistics and Accounts and the Secretary of the Commission at the head of- the Bureau of Administration. These bureau heads with the exception of the Secretary wUl be in the competitive class under civil service. 5. The following six bureaus will be created in the Second Dis- trict Commission: Bureau oi Light, Heat and Power. Bureau of Telephones and Telegraphs. Bureau of Electric Railroads. Bureau of Steam Railroads. Bureau of Capitalization, Statistics and Accounts. Bureau of Administration. There will be Chief Engineers at the head of the first four bureaus, a Chief Statistician at the head of the fifth and the Department Secretary at the head of the sixth. These bureau heads with the exception of the Secretary will be in the competitive class under civU service. 6. The counsel and legal staff of both Commissions will be trans- ferred to the ofiice of the Attorney-General if the Attomey-Greneral is made an appointive officer. 7. Only statutory revisions are required to carry out these recom- mendations. Proposed Organization of the Departments of Banking and Insurance. 1. The present Departments of Insurance and Banking will be continued as separate departments. 2. Each of the proposed Departments will be under the control of a Commissioner, who will be appointed by the Governor with the 36 Kepoet of Eeconsteuctiok Commission consent of the Senate, and will hold office at his pleasure. This will extend the term of the Commissioner from three to four years. S'. The Department of Banking will be divided into the same bureaus as at present, each under a Chief Examiner in the com- petitive class under civil service. There will be only two Deputies, one assigned to the Albany office, and one to the New York office. 4. The divisions of the Department of Insurance will be con- solidated into seven bureaus, the entire staff being located in New York city. Bureau of Administration. Actuarial Bureau. Co-operative Fire and Licensing Bureau. Pratemal and Assessment Bureau. Examining Bureau. Liquidation Bureau. Underwriters Association Bureau. There will be a Director at the head of the Bureau of Adminis- tration, a Chief Actuaiy at the head of the Actuarial Bureau, and Chief Examiners at the head of the other bureaus excepting the Examining Bureau which will be in charge of a Deputy Commis- sioner whose immediate assistants will be Chief Examiners. All of these positions with the exception of that of Deputy Commisi- sioner will be in the competitive class under civil service. 5. The Counsel to the Insurance Department will be transferred to the office of the Attorney-G-eneral. 6. Only statutory changes will be necessary in order to carry out these recommendations. Proposed Org^anization of the Department of Civil Service. 1. There will be a Department of Civil Service. At the head of the department will be a Chairman designated by the Governor who will receive an adequate salary and will be solely responsible for all of the administrative work of the Commission. There will be two other Commissioners on part time who with the Chairman will constitute a board which will meet once a week to pass on quasi-judicial and quasi-legislative matters. The two addi- tional Commissioners will receive a nominal salary and traveling expenses. The three Commissioners will be appointed as at present. 2. The work of the Commission will be divided between two bureaus : Bureau of Administration, Bureau of Examinations. SUMMAEY OF EecOMMENDATIONS 37 3. The head of the Bureau of Administration will be the Secre- tary of the department. This bureau will receive, a larger appro- priation so that adequate equipment and office machinery and methods may be installed and maintained. 4. The head of the Bureau of Examinations will be the Director of Examinations. He will receive an adequate salary and will have a sufficiently large appropriation to put his bureau on a proper basis. This bureau will have the following divisions: Division of Examinations, Division of Medical Examinations, Division of Service Records. The Division of Examinations will be in charge of a Chief Exam- iner who will have a sufficient number of technical assistants quali- fied to maintain contact with departments and to improve the stand- ards of examinations. The salaries of these positions will be such as to attract and hold competent persons, of broad education and experience. The Division of Medical Examinations will be in charge of a Chief Medical Examiner on full time who will prepare physical and medical standards and will supervise special medical examiners who mill conduct examinations throughout the State. The Division of Service Records vnll be in charge of a Supervising Examiner who will develop and operate the service- record system with the assistance of examiners from the Division of Examinations assigned by the Director of Examinations. 5. There will be a Manager of Personnel in each large department of state government who will be in charge of all civil service matters and who will develop and administer a program covering labor turn- over, welfare activities, health and other employment matters. 6. These recommendations require only statutory changes. Proposed Organization of the Department of Military and Naval Affairs. 1. Establish a Department of Military and Naval Affairs, at the head of which will be the Governor. He will appoint as his deputy an Adjutant-General with the rank of Brigadier-General to be designated the Commissioner of Military and Naval Affairs. 2. The Governor as Commander-in-Chief and head of the depart- ment will direct and be responsible for the administration of the military affairs of the State. 3; The staff of the Governor will consist of the Adjutan1>General, his Military Secretary and not more than sixteen aides to be detailed 38 Repokt of Reconstructioit Commission by the Governor from the commissioned officers of the National Guard, the Naval Militia, including two from the State Reserve List for Officers. 4. There will be a Council of Military and Naval Affairs to advise the Governor whenever advice is needed on questions not specifically outlined in the Militaiy Law consisting of: Commanding Officer of the National Guard. Commanding Officer of the Naval Militia. One member from the Judge Advocate's Department desig- nated by the Judge Advocate and detailed by the Governor. One member of the Reserve Militia detailed by the Governor. One officer of the grade of field officer from each of the fol- lowing branches of the service detailed by the Governor on the recommendation of the Commanding Officer of the National Guard : Infantrj', Cavalry, Field Artillery, Coast Artillery, Engineer Corps, Signal Corps, Medical Corps. Two officers of the Naval Militia detailed by the Governor on the recommendation of the Commander of the Naval Militia. 6. The Department of Military and Naval Affairs will be organ- ized with four principal bureaus : Bureau of Records. Bureau of Finance. Bureau of Personnel. Buifeau of Maintenanoe and Supplies. 6. At the head of the New York office and the Albany office will be the First and the Second Assistant Commissioners of Military and Naval Affairs, respectively, with the rank of Colonel, and at the head of each of the bureaus will be a Director. 7. The State Armory Commission will be abolished and its duties will be transferred to the Department of Military and Naval Affairs and included among the duties of the Bureau of Maintenance and Supplies. 8. The duties of the Armory Board in the City of New York will be specifically assigned by statute to the Department of Military and Naval Affairs and be included in a new division of the Bureau SUMMAEY OF RECOMMENDATIONS 39 of Maintenance and Supplies, the expenses of the division being borne by the City of Hew York, as in the case of the Public Service Com- mission for the First District. 9. The N^ew York Monuments Commission will be transferred to the Department of Military and I^aval Affairs and will become part of the Bureau of Records. The Governor will continue to appoint three veterans of the Civil War to serve as an advisory Board on Monuments to the Director of the Bureau. The Grand Army of the Republic and Meagher's Irish Monument Commission in so far as they receive state aid will be responsible to the Bureau of Records of the Department of Military and I^aval Affairs. 10. The Commanding Officers of the ISTational Guard and of the Naval Militia will organize officers' training schools for the instruo- tion of enlisted men and officers and on the basis of records in these schools nominations for commissions will be made, subject to the provisions of Military Law. 11. The Governor, as Commander-in-'Chief of the National Guard and the Naval Militia will commission all officers in the National Guard and Naval Militia on the basis of recommendations of the examining boards appointed by the Commanding Officer of the National Guard and the Naval Militia. 12. The Adjutant-General and Commanding Officers of the National Guard and Naval Militia will be removed only after due process of the Military Law. 13. In case of vacancy in the position of Commanding Officer of the National Guard or Naval Militia, the Governor will nominate and with the approval of the Senate appoint a successor. 14. The New York State Woman's Relief Corps Home at Oxford and the New York State Soldiers' and Sailors' Home at Bath will be transferred to the Department of Military and Naval Affairs and the Director of the Bureau of Maintenance and Supplies will have immediate supervision and direction of the administration of these institutions. The local boards of managers will retain their present duties. 15. The Governor will nominate and with the consent of the Senate appoint the Commanding Officers of the National Guard and the Naval Militia in accordance with the Military Law of the United States and the State of New York. 16. These recommendations will require only statutory changes. 40 EePOBT of E.ECONSTEUCTION CoMMISSIOK Budget Recommendations. An executive budget system will be embodied in proper form in the Constitution of tbe State. Tbe following are the essential elements of Buch a system: 1. The Governor will be made responsible for securing estimates of proposed expenditures from responsible ofBcers of all state spend- ing agencies; also estimates of all anticipated revenues of the state for the period to be financed. The incoming Governor of New York assumes the duties of his office on January 1st which is usually two or three days before the beginning of the legislative session. If the budget program has just been prepared by the outgoing Governor and submitted to the Legislature, the new Governor cannot be held responsible for it. Sstimates may be gathered and com- piled under the supervision of the old administration, but the new administration will have the power to make up the budget and present it to the Lgislature. The new Governor wil make up the budget after he has appointed his department heads and can call them into conference to determine their relative needs in the financial program for the coming year. 2. The Governor will be required to review all estimates of expenditures and with the aid and counsel of his administrative colleagues to prepare a complete plan of proposed expenditures in which the relative importance of all demands on the treasury are considered. 3. The Governor will have a permanent staff agency to assist him in the collection of budget data and the preparation of the budget. Under the proposed plan of organization the Bureau of Administra- tion in the Executive Department will be charged with the duty of gathering the estimates and other information relative to the budget and of making a complete compilation of all budget data for the use of the Governor. 4. The Governor will be reqiiired to hold public hearings on a tentative budget before its presentation to the Legislature. 5. The Governor will be required to present to the Legislature early in the session a complete plan or budget embracing all of the proposed expenditures shown in connection with the anticipated revenues of the state; also a statement of the condition of the treasury both at the beginning and at the end of the period covered by the budget, and a program of revenue measures. If found necessary, in financing expenditures for public works to raise part of the moneys required by the issuance of bonds, then the budget SUMMAEY OF RECOMMENDATIONS 41 will contain an estimate of such proposed expenditures with a state- ment of the amount to be raised by bond issues. TuU details will be given as to the requirements to be attached to the issuance of the bonds. 6. The Legislature will be required to begin immediately and openly to consider the Governor's budget. 7. The Governor will have the right, and it shall be his duty to meet with the committees of the Legislature and with the Legislature as a whole to explain, discuss and define his financial proposals. 8. The Legislature will not be pennitted to pass any appropria- tion bill except upon the recommendation by the Governor, until the Governor's entire plan is acted upon. 9. The Legislature will not be permitted to add to the Govemor'a proposed budget, but only to reduce and strike out items therein. 10. The Legislature will be allowed to provide for expenditures in addition to those contained in the Governor's budget only by special procedure and subject as at present to the Governor's veto. 11. The Governor will be given authority to supervise the ex- penditure of all appropriations and will be required to report trana^ fers and changes in the schedules or allotments of appropriations to the Legislature. In order that the Governor and his department heads may have reasonable latitude in making expenditures, the appropriation or budget bill will not be rigidly itemized. One of two plans will be adopted. The first plan contemplates that the appropriation for each main class of expenditures in an organization unit will be made in lump sum with a supporting schedule for each lump sum. This schedule will serve as a guide to expenditures rather than a rigid program, transfers being permitted within a schedule by application to and approval by the Governor. Under the second plan a lump sum appropriation will be made by the Legis- lature to each main class of expenditure in an organization unit and control over the expenditure will be secured by requiring each unit to allocate its lump sum appropriation with the approval of the Governor just prior to the beginning of the fiscal year for which the appropriation is made. Salarie* of State Employees. 1. A logical classification of state employees will be adopted, based on duties and value of services. This work will be done by the Bureau of Administration in the Executive Department co-oper- ating with the Civil Service Commission. 42 Eepoet of Eeconsteuctioit Commission 2. An appraisal will be made of all positions in the state service, placing each position in the particular grade of the standard class- ification in which the duties fall. 3. The Bureau of Administration will establish current control over changes in personnel in the several departments. Effective control by a central agency over filling of vacancies will bring about a rapid readjustment to proper organization and to proper numbers and salaries of employees. Adjustments will not be made by cutting of salaries or by the wholesale elimination of positions. 4. The classification will be revised currently to meet changing conditions in the service. 5. The civil service rules and regulations will be revised so that the Civil Service Commission may adopt the standard classification of employees in so far as it applies to the classified service. 6. An investigation will be made of the present practices and procedures of the Civil Service Commission to determine whether or not the commission is properly equipped to assume its responsi- bilities under the more stringent regulations and standards which will be set forth in the new classification. 7. All positions now exempt which are not of a policy determin- ing character will be placed in the competitive class. Probably 1,000 of the present 1,492 exempt positions should not be exempt or should not exist at all. 8. Provisions of statutes establishing positions at fixed salary rates, other than those of heads of departments and bureaus, will be repealed. 9. These recommendations will require only statutory and admin- istrative changes. Pension and Retirement Systems. 1. The Pension Commission will formulate an efficient state and local pension and reinsurance plan, using for the purpose a new Division of Pensions in the proposed Bureau of Administration in the Executive Department, with an expert pension and actuarial staff. This plan will involve the reorganization of existing funds and the extension of state and local systems. 2. The proposed Pension Division of the Bureau of Administra- tion will perform the following duties with respect to pensions in the state, municipal and county services: Supplying information to the Pension Commission, Legisla- ture and local authorities. Collection of pension data. Summary of Recommendations 43 Fornralation of scientific pension plans. Actuarial valuations of pension funds and calculation of rates of contributions. Preparation of an annual report on the pension situatioiu Ultimately, supervision under sucli boards as may be estab- lished, of the operation of state and local pension funds with a view to enforce sound standards. 3. There will be associated with the Pension Commission two ■advisory boards of employees, one on state pensions and one on local employees' pensions. 4. These recommendations require only statutory changes. State Printing Becommendations 1. The present Printing Board will be abolished. The Comptroller as State Auditor will have nothing to do with letting contracts. This is not properly a function of the Attorney-General or of the Secretary of State. Since there is provided in the Depart- ment of Taxation and Finance, a Bureau of Purchasing to install and operate so far as practical central purchasing methods, the present functions of the Printing Board insofar as they are retained will be transferred to this bureau. Preparation of specifications, let- ting of contracts and inspection of all printing, advertising, and publication will be centralized here. All appropriations for these purposes will be made to the Bureau of Purchasing. 2. The standardization of departmental reports and bulletins, a new function, will be performed by a Supervising Editor in the Bureau of Administration attached to the Executive Department. (See Part II, Chapter 1.) This agency also prepares the budget, is in the closest touch with the work of all the departments and the results accomplished, and is in the best position to advise on the amounts to be appropriated for department printing. An arrangement similar to this operates successfully in the Com- monwealth of Massachusetts. The Office of the Supervisor of Ad- ministration prepares the budget for the Governor before its sub- mission to the General Court (Legislature), and in that office there is a Director of Publications who has full authority to edit all depart- mental reports and to eliminate unnecessary matter. Appropriations for departmental printing will be paid out by the Department of Taxation and Finance only on the approval of the Bureau of Administration. The Supervising Editor in the Bureau of Administration will by conference if possible, and otherwise by the Governor's order elimi- 44 E.EPOET OF K.ECONSTETJCTIOH: CoilMISSIOW nate unnecessary material and standardize the forms of reports with a view to producing compact, clear statements of the work of the departments. He will make efforts to have all annual reports appear at approximately the same time, and not later than February 1 of each year. 3. Abolish the printing and advertising of session laws and so far as practical of official notices and publish these in a State Record to be issued weekly or bimonthly through the Bureau of Adminis- tration. This State Eeoord, will include in addition to these items, proceedings, calendars and notices of meetings of committees of the ' legislative boards, civil service examinations and other announce- ments. Boston has its Municipal Record and New York City its City Record which serve these purposes. All contracts for publishing such a State Record will of course be made by the Bureau of Purchasing in the Department of Taxa- tion. 4. The State will publish only the reports of its own official agencies and not those of any private or quasi public agency unless such reports are published as part of the annual report of one of the regular state departments. 5. These recommendations require only statutory revision. IT WILI.be seen that the ABOVE KECOMMENDATIONS REttUIEE CONSTITUTIONAL CHANGES IN SOME CASES, STATUTORY REVISIONS IN OTHERS, AND IN STILL OTHERS ONLY ADMINISTRATIVE CHANGES. CONSTITUTIONAL AMENDMENTS CANNOT BE MADE EFFECTIVE UNTIL JANUARY I, 1922, SINCE AMENDMENTS APPROVED AT THE NEXT SESSION OF THE LEGISLATURE MUST ALSO BE APPROVED BY THE LEGISLATURE OF 1921 AND MUST THEN BE APPROVED BY THE MAJORITY OF THE VOTERS AT THE ELECTION IN NOVEMBER, 1921. CONSTITUTIONAL AMENDMENTS HAVE BEEN DRAFTED WHICH MAY BE INTRODUCED AT THE NEXT SESSION OF THE LEGISLATURE. A LARGE NUMBER OF CONSOLIDATIONS AND INTERNAL CHANGES MAY BE MADE BY STATUTORY REVISIONS IN THE MEANTIME. PART II ORGANIZATION OF PRESENT AND PROPOSED DEPART- MENTS CHAPTER I.— EXECUTIVE DEPARTMENT. Present Organization. At the present time the Executive Department consists of the Gov- irnor's Secretary, receiving $7,000, and his secretarial staff, the Counsel the Governor, receiving $5,000, the Military Secretary to the Governor eceiving $3,000, and a Budget Secretary receiving $4,000. In the chap- :er on the Attorney-General which follows, it will be seen that it is pro- )osed to transfer the Governor's Counsel to the Attorney-General, if the ittomey-General is made an appointive instead of an elective officer. Dhe only criticism which can be made of the remainder of this organiza- ion is that the Budget Secretary has no staff and therefore is entirely mequipped to help the Governor make a budget; and that in addition o budget making there is great need of a staff to perform other investiga- ional and administrative work for the Governor, if he is to assume real eadership over the various state departments. A staff, in order to be iffective should not be part of one of the operating or " line " depart- nents, such as the proposed Department of Taxation and Finance, but hould be a separate unit attached to the Executive and limited exclu- ively to staff work. The " line " organization consists of officials and imployees who actually perform and are responsible for the daily routine idministration of the executive departments of the government under he several department heads. The staff organization consists of the ;roup or groups of special investigators in no way responsible for daily operation and administration or for the regular performance of the duties f the departments, but attached to the Executive to advise and report him on methods, processes, system, organization and other problems irhich can only be worked out by an independent agency detached from outine work and administrative responsibility. The need for staff agencies increases as the functions of the State government become more complex. It is therefore proposed to develop the present Budget Secretary's office ato a Bureau of Administration under the Governor. Functions of Proposed Bureau of Administration. The proposed Bureau of Administration, as a staff agency of the Gov- rnor of the State, will have the following duties : 1. Preparation of the budget and reporting on current changes in budget schedules. Under the budget plan proposed in Part IV the Governor will be responsible for preparing the budget and for the 48 Repoet of Eeconsteuction Commissioit analysis of the estimates of expenditures submitted by the various state departments. In order to do this he must have available de- tailed information collected by an experienced, disinterested staff, as to organization, personnel, equipment, materials and supplies, ex- pense and cost data, and all other pertinent information for all the state departments and agencies. He will then be prepared with the assistance of the staff, to weigh and balance department requests and. to co-ordinate and revise on the basis of uniform rules and a unified program. 2. Reports and Investigations of work of departments. The Governor and his department heads need to have a check upon depart- ment activities in order to keep them up to the proper standard of administration. From time to time it is necessary thoroughly to investigate almost all departments or bureaus. Special investiga- tions under the Moreland Act do not adequately fill this need. Such investigations are conducted by a new force of examiners eveiy time, are not uniform in scope, methods or procedure, are generally insti- tuted to sift charges of malfeasance or dishonesty, and therefore create in the departments an atmosphere of apposition rather than co-operation. A permanent central agency responsible to the Gover- nor for budget activities and having continuous contact with the departments should also be available for special investigations at the request of the Governor or the departments. It would also be available to make investigations for the Legislature or for special committees or commissions whenever the need arose to obtain facts not readily obtainable from the several state departments. If this staff were in existence the tendency would be to avoid the establish- ment of small boards and commissions which are created from time to time for a specific purpose. One of the best illustrations of such need is afforded by a review of the work during the last decade of the Commissioner of Accounts, the special staff agency of the Mayor in New York City. The range of investigations is wide. The need seems to be constant. The results, on the whole, are out of all proportion to the expense. The annual and other reports of the state departments are of interest to the Governor, the various state officials and the people at large, because they are the official record of the work of the executive departments. As indicated in Part VI of this report, there is need of carefully supervising the publication of these reports in order that information which is unessential may be eliminated and information Executive Department 49 which is desirable may be published in an interesting, readable and uniform way. The division in charge of special investigations should also be responsible for the editing of these department reports to make certain that they conform to proper methods of presentation and standards of economy, 3. Formulation of pension systems for state and local employees. The present conditions with respect to state and local pensions are discussed in Part V of this report. The present state systems cover only a small fraction of all state employees, vary widely as to con- tributions and benefits, and are actuarially unsound. Local pension systems are similarly restricted and at variance, are in most cases unsound, and in some cases already bankrupt. The Legislature in providing for these state and local funds has been without techni- cal advice. At the present time there is a State Pension Commission composed of seven members, including the Superintendent of Insur- ance ex-officio, four appointees of the Oovemor, and one each of the President pro tem of the Senate and the Speaker of the Assembly. This Commission has inadequate funds and no staff. There is great need of a pension staff to assist the Governor and Commission on Pensions in formulating a program and to advise local authorities and the Legislature on pension bills. This staff should draw up plans for a retirement system for state employees, rules and standards governing local funds, and a plan for a reinsurance system under the State for local funds. When these plans and rules have been put into effect the pension staff should continue to supply the working and operating experts for the boards created to administer them. These boards should be attached to the Bureau of Administration and the Director of the Bureau should be a member ex-officio representing the Governor. 4. Preparation of a classification of titles, duties, qualifications and salaries of the various positions in the state service. The need of such a classification is discussed in Part V of this report. This classification involves a close study of the organization of all depart- ments and is essential in the preparation of the budget and in the proper administration of the state government. The development of such a classification, while it requires the close co-operation of the Civil Service Commission, is primarily a staff function which should be centralized in an office closely associated with the Executive and his budget agency. 60 Kepoet of Eeconsteuction Commission Organization of the Proposed Bureau of Administration. The proposed Bureau of Administration will be organized under a Director, who will be appointed and removed by the Governor and whose term will be the same as that of the Governor. In addition to the Director, a Secretary to the Director and several confidential examiners for special investigational work will be in the exempt class. All other employees including division heads will be in the competitive class. There will be three permanent divisions, and one temporary division whose functions at the end of a period of aibout two years will be trans- ferred to the Budget Division: (1) A Budget Division to assist in the preparation and revision of the budget; (2) a Division of Reports and Special Investigations to make special investigations for the Governor, the Legislature and for department heads and to supervise departmental reports ; (3) a Division of Pensions to assist in the formulation of a proper pension system or systems for state and local employees, to advise the Governor and Legislature on pension bills and to operate such new state systems as may be established ; (4) a temporary Division of Classification of salaries to prepare in co-operation with the Civil Service Commission for submission to the Governor and the Legislature a classification of personal service and salaries to govern all state employees. There will be an Assistant Director at the head of each of the per- manent divisions. The head of the temporary Salary Classification Divi- sion will be known as the Special Examiner of Salaries. His compensa- tion and conditions of service will be determined after discussion with the Civil Service Commission. The effort will be to get an expert on part or full time to complete the classification with the assistance of the Civil Service Commission as quickly as consistent with efficiency. The classification ought to be completed in less than a year and will be sub- mitted to the Legislature with a provision for current revision by the Bureau of Administration. If the Legislature approves this measure, the Special Examiner will remain at the head of the Temporary Division for at least one year to assist in putting the proposals into effect. At the end of this period the work of this division will be merged with the work of the Division of the Budget. The Special Examiner's services will terminate along with those of all assistants, excepting one who would be needed to keep the classification up to date. Executive Depaktment 51 Summary of Recommendations. 1. Establish a Bureau of Administration as an independent staff agency in the Executive Defiartnieut under a Director to be appointed by the Governor and to serve at his pleasure. 2. This Bureau will be organized with three permanent divisions, each under an Assistant Director in the competitive class, and one temporary division under a Special Examiner in the competitive class. Permanent : Budget Division, to report on the preparation and revi- sion of the budget. Division of Reports and Special Investigations, to make special investigations for the Governor, department heads and the Legislature and to supeiTise the publication of reports and other documents of the various departments. Pension Division, to prepare and eventually to admin- ister a proper pension system for state employees. Temporary (to be merged eventually with the Budget Division) : Division of Classification of Salaries, to prepare in co- operation with the Civil Service Commission for submis- sion to the Governor and Legislature a classification of personal service and salaries to govern all state employees. 3. Transfer to the Bureau of Administration the following existing agencies : State Printing Board (supervision of department pub- lications only. All other functions to the Department of Taxation and Finance). Salary Classification Commission. The Commission on Pensions and the Board of Retirement of Hospital Employees will be continued until a plan of retirement is formulated and adopted. 4. Only statutory revisions are required to effect these changes. 52 Report op Reconsteuction Commission PROPOSED ORGANIZATION OF THE EXECUTIVE DEPARTMENT Military Secretary to the Governor EXECUTIVE DEPARTMENT Governor Secretary to the Governor Counsel to the Governor BUREAU or ADMINISTRATION Director PENSION COMMISSION BUDGET DIVISION ABBistant Director DIVISION OF SPECIAL INVESTIGATIONS AND REPORTS AsBiatant Director TEMPORARY DIVISION OF CLASSIFICATION OF SALARIES Special Examiner PENSION DIVISION AsBistant Director Note that it is not proposed to disturb in any way the existing State retirement funds for hospital, court and other employes, or existing city or other retirement funds which may he affected by the new State plan. Note also that it is proposed to continue the present Pension Commission until & comprehensive retirement plan is formulated. See report on Salaries and Pensions, Part V. Depaetment of Audjt and Conteol 53 CHAPTEB 2.— DEPAETMENT OF AUDIT AND CONTROL. Present Organization of the Comptroller's Office. The office of Comptroller for the State of New York was established )y statute more thani a century ago. In 1821 it was made a constitutional office, with the requirement that the Comptroller be chosen by a joint )allot of both houses of the Legislature. For twenty-five years the Comptroller continued to be selected by this method, when the Constitu- ion of 1846 provided that he be elected by the people and hold office for 1 period of two years. This provision was reincorporated in the present Constitution. In a number of other states the method of choosing a Comptroller has ivolved from appointment by the Legislature to election by the people, ^t the present time only three States, namely, Ifew Jersey, Tennessee md Virginia have Comptrollers or Auditors chosen by the Legislature, In ;hirty-nine of the States this officer is chosen by the people. In the re- aaining six states the auditing functions are performed either by some ifficer, as the Secretary of State acting in an ex-officio capacity, or by an officer or examiner appointed by the Governor. While this change from an appointive to an elective comptroller may lot have been the result of any definite understanding of the independent aature of the functions of audit and control, it is, nevertheless, a desira- dIo change. The functions of audit and control should be vested in a single officer, elected by the people, so that he may be independent of the v^hole executive government of which he is the critic and upon which he s the check. Serious defects are to be found in the provision of the Constitution elating to the office of Comptroller. In the first place it has established ;he office but has failed to prescribe the duties which are fundamental to .t In the second place it has failed to protect the independent character if the functions of audit and control. Thus it has left the Legislature practically free to prescribe by statute the powers and duties of the Comptroller. In the assignment of his duties the Comptroller has been required to determine what revenues should be accrued, to collect such •evenues, and to audit and verify his own collections and accruals. Such iuties cannot be reconciled with the functions properly belonging to the ffice of the Comptroller. The Legislature has recently added to the already discordant functions f the Comptroller's office under a section of each of the general appro- iriation acts of the past three years by authorizing the Comptroller to 54 Eepoet of Eeconstettction Commissioit promulgate definitions of the expense classifications by titles, "defining the purposes for which moneys appropriated under each title may be ex- pended," and giving him the further power " to amend such definitions from time to time as in his judgment becomes necessary for the proper conduct of the fiscal affairs of the State." This practically means that he has the power both to authorize expenditures and to reclassify appropria- tions. At the same time he is required to audit all accounts, which may amount to auditing his own authorizations for expenditures. In addition to the sweeping provisions of the State Finance Law requir- ing the Comptroller to "superintend the fiscal concerns of the State" and to perform sundry other purely administrative duties, he is also required to serve in an ex officio capacity on the Canal Board, State Board of Equalization, State Printing Board, Salary Classification Commission, Central Supply Committee, Commissioners of the Canal Fund and Commissioners of the Land Office. Sere is an auditing office, established ^s a part of the constitutional machinery for checking up and enforcing administrative responsibility, yet laboring under administrative duties assigned to it by statute, the effect of which is to destroy the disinterestedness of its audit and verifica- tion. It is obvious that the officer who performs the functions of audit and control should not himself be an administrative officer charged with the duties of collecting and expending the funds of the State. The func- tions of audit and control must be completely separated from the func- tions of planning and spending if there is to be effective check and efficient criticism. The work of the Comptroller's office is organized under the direct supervision of each of four Deputy Comptrollers. There are more than a dozen bureaus performing functions which may be roughly grouped under two heads: (1) Those concerned mainly with audit and control of revenue and expenditures, and (2) those concerned principally with the accrual and collection of taxes and revenues. The bureaus which are concerned mainly with audit and control are as follows : Audit Bureau makes audits of state institutions, boards, commis- sions and departments ; passes on contracts for maintenance of insti- tutions; keeps appropriation accounts; prepares financial state- ments, and the Comptroller's annual report. Finance Bureau has supervision over auditing of all accounts against the stale, draws waxrants, keeps financial records, and super- I vises sinking funds, trust funds and bond sales. Department of Audit axd Conteol 55 Highway Bureau audits accounts of the Highway Department, examines contracts for construction and audits payment of claims. Municipal Accounts, Court and Trust Funds and License Bureau examines the accounts of civil divisions of the State, other than cities of the first class, examines court and trust funds deposited with County Treasurers and the Chamberlain of the city of Kew York, and licenses detective and steamship ticket agents. The following bureaus of the iComptroller's office are concerned prin- jipally with the accrual and collection of taxes and revenues : Corporation Tax Bureau locates taxable corporations, obtains evi- dence necessary to levy taxes, makes levies and handles matters re- lating to reduction of capital stock. This bureau also collects taxes upon corporations, and issues warrants for unpalid taxes. Transfer Tax Bureau imposes transfer tax and penalties, and col- lects tax on transfer of property by will, intestate law or by deed made in contemplation of death. Retirement Fund Bureau operates retirement fund for employees of state hospital system, Dannemora and Matteawan state hospitals, also penal institutions. Land Tax Bureau collects taxes of real property and state lands in the forest preservation, prepares deeds for land sold for taxes, exam- ines assessment rolls, has charge of state aid to town and county highways and supervises United States Deposit Fund. Bureau of Canal Affairs supervises financial transactions relating to canals. State Printing Board supervises state printing orders and audits printing vouchers. The work of this Board is included in a bureau of the Comptroller's office. Investment Tax Bureau collects taxes on investments and registra- tion of investments. Stock Transfer Tax Bureau examines records of companies, trans- fer agents and persons engaged in brokerage business to determine whether required tax is paid. This bureau also collects taxes on sales or transfer of shares of stock. License Bureau is maintained in the city of New York to inves- tigate applicants for private detective licenses and complaints in con- nection with such licenses. Income Tax Bureau has recently been established to carry out the provisions of the new Income Tax Law. Two bureaus of administration, concerned with routine office work, are naintained in the Comptroller's office; one in the Albany branch and the 56 Repoet of EEcoNSTBucTioir Commission other in the New York branch. A number of transfer tax appraisers and transfer tax attorneys are attached to the New York branch of the office. It will be seen that those functions of audit and control which properly belong to the Comptroller are practically all comprehended in the work of the first group of bureaus, while the work of the second group is mainly of an administrative nature and should, therefore, be incorporated in a Department of Taxation and Finance under the direct control of the Governor. Organization of the Proposed Department of Audit and Control. It is proposed to create a Department of Audit and Control, the head of which shall be the Comptroller, elected by the people at the same time and for the same term as the Governor. As a term of four years is recom- mended for the Governor, a similar lengthening of term is recommended for the Comptroller. Under this plan the Comptroller will represent the people of the State, directly elected by them to keep watch upon the acts of all the administrative departments, to see that the revenues of the State are expended in accordance with the authorizations of the Legisla- ture. It will be his duty to demand that all the safeguards and limita- tions prescribed by law are observed and to call the attention of the rep- resentatives of the people in the Legislature to any malfeasance on the part of administrative officers. All vouchers representing expenditures of the State's revenues will be audited and approved by him before pay- ment is made. He will also audit all revenues — ^both accruals and col- lections — of the State. Under the proposed plan for the reorganization of the Comptroller's office only two Deputy Comptrollers will be needed. As it appears to be necessary to maintain a branch office of the Department of Audit and Control in New York city, one of the Deputies will supervise it while the other has charge of the Albany office. It will be necessarj' to maintain Bureaus of Audit, of Finance, of Municipal Accounts and Administration in the proposed Department of Audit and Control, all of which will be organized practically as at the present time. Each Bureau will be under a Director in the competitive class under civil service excepting the Bureau of Administration, which will be under the Secretaiy of the Department. Little or no change in the personnel of the present bureau staffs will be required. Any work now performed by these bureaus which does not belong strictly to the func- tions of audit and control will, of course, be transferred to the new Department of Taxation and Finance. The present Highway Bureau will be abolished and its work transferred to the Audit Bureau. Department oe Audit and Contkol 57 As has already been pointed out, all duties now performed by the Comptroller's office not properly belonging to the functions of audit and jontrol will be transferred to other proposed departments, principally to he Department of Taxation and Finance. The duties to be transferred vill include mainly those concerned with the accrual and collection of ■evenues and financial administration as now performed by the Corpora- ion Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, State Printing Board, Bureau of Canal Affairs, Court md Trust Funds, License Bureaus, Investment Tax Bureau and Stock Transfer Tax Bureau. The question of how the work of these bureaus nay be combined and consolidated with other functions is discussed under he proposed Department of Taxation and Finance. Summary of Recommendations. 1. Establish a Department of Audit and Control of which the Comptroller, elected for a term equal in length to that of the Gover- nor, will be the head. This will require constitutional change, pro- vided the Governor's term is made four years. The fundamental duties of the Comptroller will be outlined in the Constitution in order to prevent the assignment to his department by statute of purely administrative functions. The department will be required to perform only those functions which come within the category of audit and control, and the numer- ous administrative duties now performed by the Comptroller's office will be transferred to the administrative departments. This depart- ment will not receive budget estimates or be responsible for their compilation. 2. Only two Deputy Comptrollers will be necessary. They will be able easily to supervise the work of the department, one being in charge of the Albany office and one in charge of the branch office in New York city. 3. The Department of Audit and Control will be organized with four bureaus, namely, Audit Bureau, Finance Bureau, Municipal Accounts Bureau and Bureau of Administration. There will be a Director in the competitive class under civil service at the head of each of the bureaus excepting the Bureau of Administration which will be under the Secretary of the Department. The Audit Bureau will audit the books and records of the depart- ments and institutions of the State. The annual report of the Department will be prepared by this Bureau, and in addition, all financial statements. 58 Eepoet of Reconsteuction Commission The Finance Bureau will have control over accounts against the State ; will audit all payrolls and vouchers before payment ; and will keep appropriation accounts and other financial records. It will also audit all revenue accruals and collections. The Municipal Accounts Bureau will examine the accounts of all municipalities of the State other than cities of the first class, and will compile comparative data on municipal finances. The Bureau of Administration will be in charge of office manage- ment and the budget, finances, personnel and reports of the department. The Highway Bureau will be abolished and such of its acounting functions as it may be necessary to continue will be placed in the Audit Bureau of the proposed Department of Audit and Control. The Highway Bureau audits the accounts and records of the present Highway Department which will be merged into the proposed Department of Public Works. 4. All functions not distinctly those of audit and control, as the accrual and collection of revenues, will be removed from the Comp- troller and given to administrative departments. Practically all of the functions performed by the Corporation Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Retirement Fund Bureau, State Printing Board, Bureau of Canal Affairs, License Bureau, Investment Tax Bureau and Stock Transfer Bureau will be transferred from the present Comptroller's office to the proposed Department of Taxation and Finance. 5. All positions in this department below the Deputies, not of a distinctly confidential nature, will be classified in the competitive class under civil service. 6. All of the proposed changes may be effected by statutory revi- sions except the lengthening of the Comptroller's term and limita- tion of his functions. These require constitutional amendment. DEPUTY COMPTROLLER Department of Audit and Control Proposed Department of Audit and Control. audit bureau Director department of audit and control comptroller Elected by People MUNICIPAL ACCOUNTS BUREAU Director FINANCE BUREAU Director 59 DEPUTY COMPTROLLER BUREAU OF ADMINISTRATION Secretary 60 Kepoet of Reconstructioit Commission CHAPTER 3.— DEPARTMENT OF TAXATION AND FINANCE. Present Finance Administration. There is a certain well-defined group of administrative activities which constitute the financial or business side of the state government. Such activities or functions may be briefly summarized as those concerned with the assessment and equalization of the valuation of property for the pur- pose of taxation; the fixing of revenue charges; the collection of taxes and revenues levied or charged according to law ; the care and management of funds and securities acquired; the sale of bonds and the issuance of other evidence of debt for funds or refunding ; the disbursement of funds in the liquidation of debt and the payment for services ; the purchase of , troller, Treasurer, Attorney-Greneral, Secretary of State, State Engineer .and Surveyor and Speaker of the Assembly. The Board is charged with the duty of equalizing the assessments of the several counties of the State and fixing the aggi'egate assessment of real and personal property on which the state tax is levied. The work of this Board will be taken over by the Board of Equalization under the proposed Bureau of Taxation and Bevenue. The Excise Law of 1909 established state control of the liquor traffic under a Commissioner of Excise, who is head of the Department of Excise. This department issues liquor tax certificates ; collects the taxes assessed, together with fines, penalties, forfeitures and transfers, and also taxes paid by bottlers of malt liquors and common carriers, as well as forfeited tax bonds. It also prosecutes or defends civil actions or proceed- ings brought under the Liquor Tax Law. Inasmuch as the liquor traffic is about to be prohibited altogether by the operation of the federal prohibition amendment, the work of the Department of Excise will be practically reduced to nothing. It is there- fore proposed to merge whatever supervising or assessing functions may remain of this department into the proposed Bureau of Taxation and- Eevenue. The assessment and levy of taxes on foreign insurance companies, now a part of the work of the Insurance Department, will be taken over by the proposed Bureau of Taxation and Revenue. The assessing and levying functions performed by the Comptroller's office will be brought under the new Bureau of Taxation and Kevenue. This will include part of the work of the Corporation Tax Bureau, Trans- fer I'ax Bureau, Land Tax Bureau, Investment Tax Bureau and Stock Transfer Tax Bureau. In addition, the issuance of all licenses now imder the Comptroller will be taken over. The functions of the proposed Bureau of Motor Vehicles will include all the work perfoi-med at the present time by the Motor Vehicle Bureau in the Secretary of State's office and the work of the Administration Bureau in that office as far as it applies to motor vehicles. The chief reason for the transfer of these functions is to bring them within that Department which is concerned mainly with financial functions. The 3 66 Eepoet op Eeconsteuction Commission Motor Vehicle Bureau is primarily a revenue producing agency and is concerned with the regulation of motor vehicle traffic only as a secondary function. The Bureau of Treasury in the proposed Department of Finance will have the collection, care and disbursement of public revenues, and the management of state funds, such as the sinking funds. It will keep such accounts and records of all financial operations as may be necessary for the full information of the administration. All functions of the present State Treasurer's office will be performed by the proposed Bureau of Treasury. It will also perform the functions of collection and management of funds now entrusted to the Comptroller and the Commissioners of the Canal Fund. In addition, it will collect the excise tax and the tax on foreign insurance companies. As far as it may prove feasible all fees will be collected by this bureau. It cannot be doubted, in view of what has already been accomplished in those States having centralized purchasing systems, that certain advan- tages and economies can be realized in a greater or lesser degree by the operation of such a plan. These may be briefly stated as follows : 1. The standardization of articles purchased, thus eliminating expensive grades, reducing stocks to be carried, and enabling pur- chases to be made in bulk rather than in small quantities. 2. The concentration of buying power, resulting in lower prices, flexible contracts and better service. 3. The development of an expert and specialized purchasing force. 4. A reduction in the total ijumber of people employed in pur- chasing and related work. In order that these advantages and economies may be realized by the State of JSTew York it is proposed to concentrate as far as possible the authority to purchase all supplies, equipment and materials for the sev- eral departments and institutions in the proposed Bureau of Purchasing. This Bureau will adopt systematic methods of purchasing, receiving, storing anid distributing supplies, and will perform tests to determine the kind and quality of supplies. It will perform the functions of the existing State Printing Board and Central Supply Committee. The Bureau of Administration will have charge of office management and the budget, finances, personnel and reports of the Department. Summary of Eecommendatlons. 1. Establish a Department of Taxation and Finance. The head of this department will be the Commissioner of Taxation and Depaetmekt OB' Taxation" and Finance 67 Finance, who will be appointed by the Governor with the consent of the Senate and will serve at his pleasure. He will have not more than two Deputies in the exempt class. The work of the Department will include only those functions of the state government which are essentially financial in character, i. e., the assessment, equalization, levy, collection, management and disbursement of public revenues. Transfer to this department the functions of the following exist- ing agencies: State Treasurer, Tax Department, Board of Equalization, Excise Department, Commissioners of the Canal Fund, State Printing Board, Central Supply Committee, the functions at present performed in the following bureaus of the Comptroller's office, excepting in so far as they involve audit : Corporation Tax Bureau, Transfer Tax Bureau, Land Tax Bureau, Ketirement Fund Bureau, Bureau of Canal Affairs, License Bureau, Investment Tax Bureau, the functions at present performed in the following bureaus of the Secretary of State's office: Bureau of Motor Vehicles, Administration Bureau (motor vehicle functions), and the following function of the Insurance Department: Assessing and collecting of the tax on foreign insurance companies. 2. The department will be organized with five bureaus: Bureau of Taxation and Kevenue, Bureau of Motor Vehicles, Bureau of Treasury, Bureau of Purchasing. Bureau of Administration. These bureaus will be subdivided into logical and necessary sub- divisions. Directors will be at the head of the Bureau of Taxation and Kevenue and Motor Vehicles. The head of the Bureau of Treas- 68 Repoet op REooNSTRtrcTioK Commission' ury will be the Treasurer. The head of the Bureau of Puirchasing will be the Supervisor of Purchasing. These four bureau heads will be appointed by the Director of Taxation and Finance under com- petitive civil service rules. The head of the Bureau of Admin- istration will be the Secretary of the Department. The Bureau of Tajiation and Kevenue will supervise, assess, equal- ize and levy taxes, determine franchise values, and issue licenses. This Bureaii will contain a board of equalization consisting of three members : The Director of Taxation and Finance, the Attorney- General and the Comptroller. The Bureau of Motor Vehicles will perform the work of the Motor Vehicle Bureau and part of the work of the Administration Bureau now under the office of the Secretary of State. The collection, custody, management and disbursement of public revenues will be under the Bureau of Treasury. The Bureau of Purchasing will contract for, purchase and distri- bute, as far as feasible, the printing, supplies, materials and equip- ment for the several departments and institutions of the State. It will include a Division of Classification of Supplies to prepare and maintain in co-operation with the .heads and purchasing agents of boards of the several departments a classification of expenditures to govern purchases by the various state departments. The Bureau of Administration will have charge of office manage- ment and the budget, finances, personnel and reports of the department. ' The consolidation into a single department of the existing inde- pendent and scattered offices according to the plan here recommended will result in the elimination of a large part of the present expenditures for the overhead of these separate offices. The Depart- ment of Taxation and Finance will, of course, have to maintain branch offices in New York and Buffalo, but instead of the four separate offices at present maintained in New York City for the administration of financial functions, only one will be necessary. 3. The present Commission on State and Federal Taxation will be abolished and its functions transferred to the Commissioner of Taxation and Finance. 4. Both constitutional and statutory changes will be necessary to establish a Department of Taxation and Finance. The State Treasurer who is an elective officer under the Constitution will have to be made an appointive officer under the Commissioner of Taxa- tion and Finance. The Commissioners of the Canal Fund, now a Depaetment of Tasatiow and Finance 69 constitutional body composed of the Lieutenant-Governor, Secretary of State, Comptroller, Treasurer and Attorney-General will have to be abolished. Statutory changes only are required in order to con- solidate the several independent departments and bureaus under the Department of Taxation and Finance and may be made immediately. Proposed Department of Taxation and Finance. DEPARTMENT OF TAXATION AND FINANCE Comraiesioner Deputy Ccminissioner Deputy Commiasioner BUREAU OF TAXATION AND REVENUE Director BUREAU OF MOTOR VEHICLES Director BUREAU OF TREASURY BUREAU OF PURCHASING Supervieor of Purchasing BUREAU OF ADMINISTRATION Secretary 70 Eepoet of Eeconsteuction Commission CHAPTEE 4.— ATTOmHEY-GEIirEIlAL. Present Organization of the Attorney-General's Office and of Legal Staffs in Other Departments. The Attorney-General of the State of New York is a constitutional officer elected by the people for a term of two years. It is specifically provided in Section 1 of Article V of the Constitution that the Attorney- General " shall be chosen at a general election at the times and places for electing the Governor and Lieutenant-Governor and shall hold his office for two years." Section 5 of this article provides that the Attorney- General, with the Lieutenant-Governor, Speaker of the Assembly, Secre- tary of .State, Comptroller, Treasurer, and State Engineer and Surveyor shall be the Commissioners of the Land Office, and that he, with the Lieutenant-Governor, Secretary of State, Comptroller, and Treasurer shall be the Commissioners of the Canal Fund. He receives an annual salary of $10,000, but it is provided in Section 1 of Article V that this compensation " shall not be increased or diminished during the term for which he shall have been elected, nor shall he receive to his use any fees or perquisites of office or other compensation." Section 6 of the same article provides that "the powers and duties" of the Attorney-General " shall be such as now are or hereafter may be prescribed by law." The duties of the Attorney-General are statutoiy. These duties are outlined in the Executive Law, Article VI, Sections 62, 63.. His general duties may be summarized as follows: 1. " To prosecute and defend all actions and proceedings in which the State is interested and have charge and Control of all legal business of the departments and bureaus of the state." 2. "When required by the Governor, to attend in person or by one of his deputies any term of the Supreme Court or to appear before the grand jury thereof for the purpose of managing and conducting such criminal actions or proceedings as shall be specified in such requirements." 3. "Upon the request of the Governor, Secretary of State, Comp- troller, Treasurer or State Engineer and Surveyor to prosecute any person charged by either of them with the commission of an indictable offense in violation of the laws." 4. "Whenever in his judgment the public interest requires it, with the approval of the Governor, and when directed by the Gov- ernor, to inquire into matters concerning the public peace, public safety and public justice." Depaetjient of Attorney-General Yl 5. " To keep a register of all actions and proceedings prosecuted and defended by him." 6. " Upon order of the court to appear in any pending action and support the constitutionality of any statute attacked." The Attorney-General is authorized by Section 61 of Article VI of the Executive Law to appoint " such deputies as he may deem necessary and fix their compensation." At the present time there are in the Attorney- General's office a first, second and third deputy, the first receiving $8,000 and the other two $6,000 each. There are altogether one hundred and thirty-three employees representing a total cost for personal service of $394,257.97, and an additional cost for maintenance and operation of $123,42.3.28. The total expenditures for the year 1917-1918 were $517,681.25. The Attorney-General's ofiice is organized with the following bureaus : Title Bureau, Finance and Claims Bureau, Legal Staff, Court of Claims Bureau, Conservation Bureau. The duties of the Title Bureau are to approve titles to lands acquired for the improvement of the Barge canal, terminals and highways; to cover titles to lands under water and to pass on titles to lands for various preserves. The Bureau is operated by a Deputy and twenty-three employees with a total salary cost of $70,900. The duties of the Finance and Claims Bureau are to give assistance in financial needs of the departmental work, to co-operate with the Title Bureau in securing documents and papers, in clearing titles, to prepare the department budget and to attend to legislative matters. A Deputy and Investigator of Claims is in charge of this bureau and has three employees assisting him. The total salary cost for the bureau is $10,500. The cases coming to the Attorney-General's ofiice are distributed among his legal staff on the basis of the experience and qualifications of the individual members. In this bureau are seventeen Deputies, one Chief of Land Bureau, one Land and Opinion Clerk and forty-six other employees with a total salary cost of $168,890. The duties of the Court of Claims Bureau are to defend the State in Court of Claims in connection with the Barge Canal, terminals and high- ways, also to handle claims of erroneous afiixing of stamps in stock transfers. There is one Deputy in charge of this Bureau with sixteen other Deputies and six employees assisting him. The total salary cost is $92,000. 72 Keport of Ebconsteuctiok Commission" The Conservation Bureau prosecutes actions instituted by the Con- servation Commission and defends actions against it. It also advises the Conservation Commission on legal matters. There is a Deputy in, charge of this bureau assisted by eight other employees. The total salary cost is $29,720. In addition to the legal staff, constituting the Attorney-Greneral's office, ten other departments are permitted to have their own legal employees and are given appropriations for the payment of salaries .and other expenses in connection with their work. In the Executive Department there is a Legal Bureau, the head of which is Counsel to the Governor. He advises with the Grovemor on all legal matters, merits of bills, investigates matters concerning pardons and the restoration of citizenship and carries out miscellaneous legal assignments. His salary is $5,000. There are also in this Bureau an Executive Legal Assistant, receiving $5,000 and a Requisition Clerk receiving $1,800. In the Comptroller's office there are several attorneys who represent the Comptroller in transfer tax proceedings. There is one attorney receiving $10,000 who has charge of these proceedings and represents the Comptroller in the case' of proceedings for New York County. He appoints the employees without reference to civil service rules and they are paid from transfer tax moneys. The expenses amount to $130,000 annually. In the case of Bronx County there is an attorney receiving $5,000. In the State Department of Excise there is a Law Division the duties of which are to advise as to the administrative provisions of the Liquor Tax Law; to prosecute violations of law by means of actions upon bonds; to revoke certificates and to enjoin illegal traffic; to initiate proceedings for seizure and forfeiture of liquors kept for illegal sale and actions to recover penalties throughout the state. In this division there are twelve attorneys whose total salaries are $53, 250: There are also in this division ten other employees receiving a total of $13,900. In the Department of Farms and Markets there is a Counsel to the Farms and Markets Council who advises them generally on all legal questions pertaining to the administration of the department. His salary is $5,000. There is also in the Division of Agriculture of the Department of Farms and Markets a Legal Bureau whose duties are to advise the officials, analyze evidence of violations and refer proper cases to tho Attorney-General for prosecution. This Bureau, of course, con- fines its attention entirely to the administration of the Division of Agri- culture. The Cotmsel in charge of this Bureau receives $4,000, and under him there are eight other employees receiving a total of $9,900. Department of Attoeney-Geneeal 73 In the State Hospital Commission there is a Collections Bureau, at the head of which is a Counsel receiving $3,000. The duties of this Bureau are to enforce the collection of fimds for maintenance from relatives, friends or estates of inmates of institutions. There are also six other employees assisting in this work receiving $8,290. The Legal Bureau of the Industrial Commission advises the Com- mission on all legal matters pertaining to the administration of the depart- ment and prosecutes violators of the Labor Law. The Counsel at the head of this Bureau receives $7,000'. In the Bureau there are also sixteen other employees receiving $10,700. The Counsel in the Insurance Department advises the Superintendent of Insurance on all legal matters and handles all questions which involve an interpretation of the law. His salary is $5,000. In the Public Service Commission of the First District there is a Law Bureau under the supervision of a Counsel receiving a salary of $10,000. Under him there are six Assistant Counsels and two Junior Assistant Counsels, a Law Clerk and eight clerks and stenographers. The total salary payroll for this in 1917-18 was $46,180. In the Public Service Com-, mission of the Second District there is also a Counsel receiving $10,000. Their duties are to advise with the commissions on all legal questions pertaining to the administration of the Department. In the State Tax Department there is a Counsel at the head of the Law Division who prepares cases in litigation for the Attorney-General, prepares all orders from the Commission, approves legal blanks, examines bills on tax matters before the Legislature, prepares drafts of memoranda, opinions and similar documents for the Commission on all questions aris- ing under the tax law, advises and confers with legal officials on questions of law and procedure, has custody of the Law Library, prepares quarterly and annual reports to the Commission and advises generally on all legal questions which arise. His salary is $4,200. Under him there are two other employees receiving a total of $3,900. In the Department of Education there is a Law Division at the head "if which is a counsel receiving $4,500, who reports directly to the Com- missioner of Education. His duties are to act as counsel to the Regents of the University, to the Commissioner of Education and to the divisions of the various Bureaus and Divisions of the 'Department ; to prepare appeals for submission to the Commissioner; to advise as to form and defect of educational bills introduced in the Legislature ; to conduct cor- respondence on legal questions arising under the Education Law and to advise school officers on procedure. There are three other employees in his division receiving a total of $3,940. 74: Report of Reconsteuction Commission The legal staffs outside of the Attomey^General's o££oe total about one hundred and fifty attorneys and legal assistants whose payroll amounts to over $300,000. Of this amount $138,000 is paid to twenty-five attorneys, at least three of whom receive $10,000 each and one $15,000. The Attorney-Generars salary is $10,000. The total salary cost for all legal and other employees of the Attorney-'General's, office is $424,257. In other words, the total cost for legal service outside of the Attorney- General's Department is not very much less than the total cost for main- taining the Attorney-'General's office itself. In view of these striking facts it is felt that a co-ordination and consolidation of all the legal work of the State under the Attorney-General will result not only in uniformity and harmony, but also in considerable economy. In some States there have recently been enacted constitutional and statutory provisions requiring that all the law business of the State shall be conducted either by or under the direction of the Attorney-General. In Pennsylvania the Attorney-General is appointed by the Governor to serve during his pleasure. The statute specifically outlining the duties of the Department (Act June 7, 1915, Pamphlet Laws, 876, Section 1) provides that all of the legal business and affairs of every Department, Bureau, Board or Commission of the state government shall be under the supervision, direction and control of the Attorney-General. Section 2 of this act provides that " The departments, bureaus, boards, agents or com- missions, or officers of the state government shall obtain such legal advice from the Attorney General." Section 3 provides that any Department, Bureau or Board who has thus requested advice and has received it shall not be liable " either upon his official bond or otherwise." Section 4 provides that no department shall have the right, power or authority to retain any attorney to prosecute any legal business except when authorized by the Attorney-General. The Attorney-General, however, is authorized to grant permission to a Department to retain a coimsel, but this appointment and compensation must be under his supervision and control. A letter just received from the Attorney-General's office in Pennsylvania states that this act is carried out to the letter. This plan completely centralizes the authority and responsibility under a single head. The advantage is obvious. In !N"ew Jersey the Attorney-General is appointed by the Governor and is the sole legal adviser of all state officials and agencies. Upon: the request of a department he is empowered to appoint deputies or special assistants to exclusively serve such departments. The Attorney-General represents all the state departments, institutions and officials in all mat- ters including litigation, as above stated, with the exception of the Public Utilities Commission, which has its own Counsel. Depaktmeh't of Attorney-General IS Former Attorneys-General Hamlin, Stead and Lucey of Illinois have handed down interpretations of the functions of the Attorney-General in Illinois (See Efficiency and Economy Report of Illinois, 1915, |Page 957). In analyzing their interpretation it is interesting to note that the provision in the Illinois Constitution concerning the Attorney-General is veiy similar to that in the Constitution of ISTew York. The Illinois Con- stitution (Article V, Section 1) provides that the Attorney-General "shall perform such duties as may be prescribed by law." The Xew York Con- stitution provides that " the powers and duties " of the Attorney-General " shall be such as now are or hereafter may be prescribed by law." Attorney-General Hamlin in 1901, after having considered the em- ployment of special attorneys by departments, stated that the depart- ments have no power to employ special attorneys without statutory pro- visions, and that in the case of the employment of a special attorney by the Canal Commissioners even though there was statutory provision it was doubtful ivhether this provision was constitutional. Attorney-General Stead in 1908 recalled Hamlin's interpretation and stated also that the constitutionality was doubtful in the case of the employment of special attorneys by the State Food Commission and the Chief Factory Inspector in accordance with statutory provisions. Attorney-General Lucey in 1914 recalled the interpretations of both Hamlin and Stead. He then added : " In my opinion the Constitution of this State contemplates that the office of Attorney General shall be as broad in its jurisdiction and that the duties belonging to that 'office shall be as extensive as those belonging to the Attorney General in England at common law." " It is certainly contemplated by the Constitution and the organi- zation and form of government prevailing in the State of Illinois that the Attorney General shall be the chief law officer of the State, and there is no necessity whatever for the appointment of special attorneys to represent any board, department or trustees of any institution." The Law Department of the New York City government, at the head of which is the Corporation Counsel, attends to all of the law business for the various departments, boards and officers of the New York City government. It is specifically provided for in the Charter that the Cor- poration Counsel " shall be the legal adviser of the Mayor, Board of Aldermen, Presidents of the Boroughs and the various departments, boards, and offices." 76 Eepoet of Keconstetjction Commission and " it shall be his duty to furnish to the Mayor, Board of Aldar- men, Presidents of the Boroughs and to every department, board and officer of the city all such advice and legal assistance as couueel or attorney in or out of court as may be required by them or either of them and for that purpose the Corporation iCounsel may assign an assistant or assistants of any department that he shall deem to meet the same." " No officer, board or department of the city unless it be herein otherwise provided shall have or employ any other attorney or counsel, except where a judgment or order in any action or proceed- ing may affect him or them individually or may be followed by motion to commit for contempt of court, in which case he or they may employ or be represented by attorneys or counsel at his own or their own expense." The Attorney-General appointed by the President of the United 'States by and with the advice and consent of the Senate is the head of the federal Department of Justice and is the chief law officer of the United States government. He represents the United Slates in all matters involving legal questions. He gives advice and opinion when they are required by the President or by the heads of other executive departments. He appears in the Supreme Court of the United States in important cases. He superintends and directs United States attorneys and marshals in all judicial districts in the States and territories and secures special counsel for use whenever required by any department. There are Solicitors for the Interior Department, Department of State, Treasui-y Department, Department of Commerce, Department of Labor, as well as other bureaus and divisions. The offices of these officials are in the Departments or divisions for which they act, but as a rule they are appointed by the President and confirmed by the Senate. They are classed in the Department of Justice and are subject to the supervision and con- trol of the Attorney-G-eneral. This tends to harmony and co-operation. Proposed Organization of the Attorney-General's Office. There will be an Attorney-G'eneral appointed by the Governor with the consent of the Senate and serving at his jileasure. His duties will be those already specifically authorized by constitutional and statutory provisions. He will be the counsel for each state official and will prose- cute and defend all actions and proceedings in which the state is inter- ested. The legal work of the various departments and bureaus of the State will be under his control. Department of Attoeney-General 77 The Office of the Attorney-General will be organized with the following five bureaus : Legal Staff, ■Bureau of Investigations, Court of Claims Bureau, Title Bureau, Finance and Claims Bureau. Included in the Legal Staff will be all Deputy Attorney-Generals, Assist- ant Attorney-Generals, Special Attorneys and other attorneys employed in the legal business of the various departments. A special Division will be created in this Bureau for each of the Departments of the state administra- tion requiring the continued services of a Deputy Attorney-General or Special Attorney and the head of the Division may be actually assigned office accommodations in the Department in charge of whose legal work he will be placed. As long as department heads are appointed by the Governor and the Attorney-General is elected by the people, there will be some opposition to the centralization of the legal business of the State. It has frequently happened that the Attorney-General, being elected by the people, is of the opposite political faith to the Governor. The deparment head is often reluctant to call on the Attorney-General of a different p;irty than his own for advice. This is the principal objection to having all attorneys assigned to the various departments by an elected Attorney-General, and this objection will, of course, disappear with the appointment of the Attorney-General by the Governor. However, we are of the opinion that the transfer of all law work to the Attorney-General should be made, even if the Attorney-General remains elected, excepting the Counsel to the Governor and to the quasi-judicial Public Service and Industrial Commissions. Other arguments advanced against the centralization of all legal work in the Attorney-General's office are : Since some departments need their whole time, attorneys should properly be within the department. Active assistance and co-operation is difficult in prosecuting cases if they must be handled from the Attorney-General's office. It is obvious that if the whole time of some attorneys is needed by some departments, the Attorney-General may assign Deputies or Special Attorneys to these departments on full time. The question as to the active assistance needed in prosecuting cases for a department by representatives of the Attorney- General must necessarily be viewed from the point of view of the State as a whole. The Attorney-General should be responsible for all prosecu- 78 Report of E.econsteuctiou' Commission tions and for defending all actions and for his interpretations of the Constitution and of the laws. It is recommended that the Department of State Police in which there are four troops, consisting of two officers and iifty-six troopers, be trans- ferred to the Attorney-Greneral's office as a Bureau of Investigations, similar to the staff in the department of the Attomey^G eneral of the United States, and that so much of the force as is necessary be retained. At the present time the four troops included in the Department of State Police are severally located in Batavia, Onondaga valley, Westchester County and Albany County. They co-operate with the local authorities and other state departments in the enforcement of law when necessary. The appropria- tion for this Department for the year 19118-19 was $697,280 and the appropriation for the year 1919-20 $619,780. In recent years the prdV lems of rural police protection has received much attention, particularly in the states of Texas, Pennsylvania, South Carolina and Massachusetts. In addition to performing general police duty the troops have assisted the local district attorneys in the preparation of cases. The value of the results of these experiments is a much mooted question and the controversy which has arisen in this and other states has obscured to a large extent the issues involved. It is thought that the establishment in the Department of Law of a Bureau of Investigations will avoid the increasing cost of main- taining the large force of troopers and yet at the same time secure the desired results of proper law enforcement in rural as well as in urban districts. In this Bureau there will be placed a staff of investigators and special police located in such numbers and at such points as the Attomey- G-eneral may after investigation think desirable. The staff either in uniform or in plain clothes, mounted or unmounted, will be in constant touch with the local district attorneys and will be assigned to them upon necessity to secure the enforcement of law or the apprehension of criminals. This will avoid the maintenance of the present patrol duty which is criticised in many quarters as ineffective and wasteful and will substitute a group of men adequately trained to meet all crime situations. Insofar as the present troopers have assisted in administering the Auto- mobile License Law this function will be performed by Inspectors attached to the proposed Department of Taxation and Finance which will administer the law. The Court of Claims Bureau will continue to have as its duty the defense of the State in the Court of Claims in connection with the Barge Canal, terminals and highways, as well as the handling of claims in erroneous affixing of stamps in stock transfers. The Finance and Claims Bureau will give assistance in the handling of the financial matters of the department and will co-operate with the Title .Depaetwent of Attokney-General 79 Bureau in securing documents and papers, in clearing titles, preparing the departmental budget and attending to legislative matters. The Title Bureau will approve titles to lands acquired for the improve- ment of the Barge Canal, terminals and highways and will cover titles to lands under water and pass on titles for lands for various preserves. Summary of Recommendations. 1. The Attorney-General will be appointed by the Governor with the consent of the Senate and will serve at his pleasui'e. 2. All of the legal work of the State will be conducted under the supervision and control of the Attorney^General although special attorneys may be assigned offices in the various departments. This will involve the transfer of all counsel and legal divisions in other departments to the Attorney-General. 3. So much of the present Department of State Police as is neces- sary will be retained and be attached to the Attorney-General's office as a Bureau of Investigation. Members of this Bureau will be assigned as decided by the Attorney-G«neral, to be in constant touch with the local district attorneys and to assist in preventing the break- ing of laws and the apprehension of criminals. 4. The Attorney-General's office will be organized with the follow- ing bureaus : Legal Staff, Bureau of Investigations, Court of Claims Bureau, Title Bureau, Finance and Claims Bureau. The Legal Staff will include all attorneys employed in the legal business of all departments. The Bureau of Investigations will take the place of the present State Police. The Court of Claims Bureau will continue to have as its duty the defense of the State in tlie Court of Claims in connection with the Barge Canal, terminals and highways, as well as tlie handling of claims in erroneous affixing of stamps in stock transfers. The Finance and Claims Bureau will give assistance in the handling of the financial matters of the department and will co-operate with the Title Bureau in securing documents and papers, in clearing titles, preparing the depnrtmentiil budget and attending to legislative matters. The Title Bureau will approve titles to lands acquired for the 80 Report ov Eeconsteuctiow Commission imptovement of the Barge Canal, terminals and highways and will cover titles to lands under water aitd pass on titles for lands for various preserves. 5. Constitutional amendment is required to make the Attorney- iGeneral an appointive instead of an elective officer. All other pro- posed changes require only statutory revision and may be made immediately. However, pending Constitutional Amendment the Counsel to the Governor and to the quasi-judicial Public Service and Industrial Commissions will not be transferred to the Attorney- General. Proposed Department of Attorney-Greneral. DEPARTMENT OF ATTORNEY-GENERAL Attorney-General BUREAU OF INVESTIGA- TIONS COURT OF CLAIMS BUREAU LEGAL STAFF TITLE BUREAU FINANCE AND CLAIMS BUREAU Deputy Deputy First Deputy Deputy Deputy Department of State 81 CHAPTEE 5.— DEPAETMEHT OE STATE. Present Organization of the Department of State, State Board of Canvassers, Commissioners to Examine Voting Machines, and State Superintendent of Elections. The Secretary of State is a constitutional officer elected by the people for a term of two years and receives a salary of $6,000. He is ex-officio a member of the following boards: Board of Commissioners of the Land Office, Board of Commissioners of the Canal Fund, The Canal Board, The State Board of Canvassers, The State Board of Equalization and Assessments, The State Printing Board, The Board of Trustees of Union College. He is also one of the officials to designate the state paper. The Constitution provides that there shall be a Secretary of State, but in Section 6 of Article V, in referring to the duties of the Depart- ment it states : " The power's and duties of the respective boards and of the several officers in this article mentioned shall be such as now are or hereafter may be prescribed by law." The present department of the Secretary of State has custody of state archives, administers oaths of office, superintends the publication of the laws and the distribution, of copies thereof, regulates the operation of motor vehicles, has custody of documents filed by corporations and other miscellaneous papers. The Department of State at present is organized in four bureaus, as follows : Bureau of Records, Corporation Bureau, Administrative Bureau, Motor Vehicle Bureau. The Bureau of Records has custody of the records and plans, makes surveys, issues patents, grants, etc. ; has custody of and issues laws and petitions concerning primaries; notifies candidates, prepares and dis- tributes election laws, prepares certificates of authority, has custody of appointment records, issues licenses to peddlers selling foreign-made goods, files documents and collects various statistics. The Corporation Bureau records and files certificates of incorporation, issues certificates of authority, examines papers to be filed, searches records for titles, examines incorporation papers and issues certificates of incorporation. 82 KePOET of E.ECONSTEUCTION COMMISSION" The Administrative Bureau receives and accounts for all moneys received for fees, has charge of financial transactions and of the appro- priation ledger and purchase supplies, prepares number plates, chauf- feurs' badges, etc., orders all printed matter, prepares original lavrs and prepares them for the printer and compiles the legislative manual. The Motor Vehicle Bureau issues original and renewal certificates of authority to operate motor vehicles, collects and accounts for license fees, examines files and has custody of application, and grants authority to owners, chauffeurs and dealers to operate motor vehicles in the State. The present State Board of Canvassers is an ex officio board estab- lished by statute in 1909. Its members are the Secretary of State, the Treasurer, the Comptroller, the Attorney-General and the State En- gineer and Surveyor, three of whom constitute a quorum. On or before the 15th day of December, after a general election, and within forty days after a special election, the Secretary of State is required to convene the board at his ofiice or that of the Treasxirer or Comptroller, and it is the duty of the Board to canvass the returns of the county canvassers of elections. The Commissioners to Examine Voting Machines, authorized by stat- ute in the year 1909, are selected by the Governor to serve for terms of five years. Their function is to examine and report on the accuracy and efficiency of voting machines, and the capacity of the same to record the will of voters upon the application of any person or corporation interested in any voting machine. They are three in number, one an expert in patent law and two mechanical experts. Their fees shall not exceed the sum of $150 for each commissioner, for the examination and report upon any voting machine. The State Superintendent of Elections is appointed by the Governor by and with the advice and consent of the Senate, for a term of four years, at a salary of $5,000. He appoints a Deputy at $4,000 a year and a Secretary at $2,000. He is charged with the enforcement of the Election Law, and with his deputies possesses all the powers vested in the sheriff as a conservator of the peace. There is also a Notarial Bureau in the Governor's office which certifies notaries, a function which should properly be in the Department of State. Proposed Organization of the Department of State. At the head of the proposed Department of State there will be a Secre- tary of State appointed by the Governor and serving at his pleasure. The Department can be supervised by the Secretary with one Deputy. The duties of the Department will include the custody of records, the prepara- Department of State 83 tion of the Legislative Manual, as well as the administration of the Elec- tion Law as at present entrusted to the State Board of Canvassers, State Board of Examiners of Voting Machines and the State Board of Elections. The department will be organized with three bureaus as follows : Bureau of Records, Corporation Bureau, Bureau of Elections. There will be Chief Clerks in charge of the Bureau of Records and Cor- poration Bureau and a Director in charge of the Bureau of Elections. All of these positions will be in the competitive class under civil service. The Bureau of Records will continue to have custody of the records and plans, make surveys, issue patents, grants, etc., have custody of and issue laws and petitions concerning primaries, notify candidates, pre- pare and distribute election laws, prepare certificates of authority, have custody of appointment records, issue licenses to peddlers selling foreign made goods, certify notaries, file documents and collect various statistics. The Bureau of Records will also perform all the general administrative detail of the department. The Corporation Bureau will contain the record and file certificates of incorporation, issue certificates of authority, examine papers to be filed, search records for titles, examine incorporation papers and issue certifi- cates of incorporation. The Bureau of Elections will canvass the returns of the county can- vassers of elections, examine and report on the accuracy and efficiency of voting machines and their capacity to record the will of voters upon the application of any person or corporation interested in any voting machine, and enforce the Election Law. The duties of the present Bureau of Motor Vehicles and the functions of the present Administrative Bureau in so far as they affect motor vehicles will be transferred to the proposed Department of Taxation and Finance, in accordance with the report on that Department. Summary of Recommendations. 1. The Secretary of State, the head of the proposed Department of State, will be appointed by the Grovemor and will serve at his pleasure. He will have one Deputy. 2. The Department of State will be organized with the following bureaus : Bureau of Records, Corporation Bureau, Bureau of Elections. 84 Eepoet of E.EcoiirsTEucTioivr CoMMzssioiir 3. The duties of the State Board of Canvassers, State Board of Examiners of Voting Machines and State Superintendent of Elec- tions will be transferred to the proposed Bureau of Elections of the Department of State, and the ISTotarial Bureau in the Executive Department to the proposed Bureau of Records. 4. The Bureau of Motor Vehicles at present in the office of the Secretary of State will be transferred to the Department of Taxation and Finance. There will be Chief Clerks in charge of the Bureau of Records and Corporation Bureau and a Director in charge of the Bureau of Elec- tions. These positions will be in the competitive class under civil service. 6. Constitutional amendment is required to make the Secretary of State an appointive officer. The other recommendations will require only statutory changes. Proposed Organization of Bepartment of State. DEPARTMENT OF STATE Secretary of State (appointive) Deputy Secretary of State CORPORATION BUREAU BUREAU OF RECORDS BUREAU OF ELECTIONS Chief Clerk Chief Clerls Director Depaetmewt of Public Woeks 85 CHAPTER 6.— DEPARTMENT OF PUBLIC WORKS Present Organization of Public Works Agencies At present the public works activities are carried on in the following state agencies: Department of State Engineer and Surveyor. Department of Public Works. Department of Highways. Department of Architecture. Commissioners of the Canal FHind. The Canal Board (an ex-officio body). Trustees of Public Buildings. New York Bridge and Tunnel Commission. Interstate Bridge Commission. Department of Conservation. Commission on West Side Improvements. New Yovk-New Jersey Port and Harbor Development Commis- sion. Long Island Waterway Improvement Board. Port Wardens. Harbor Masters. The following is a brief outline of the powers and duties assigned by law to the bodies enumerated above as they now exist : Department of State Engineer and Surveyor: The office of State Engineer and Surveyor is established and the general duties of the Department under his jurisdiction are enumei^ ated in the state Constitution. He is elected by the people at the regular elections every two years. The responsibilities include the direction of engineering work carried on by the State other than that relating to highways; carrying on of miscellaneous surveys and investigational work and the improvement of the canal system of ' the State, including the construction of the Barge Canal and ter-' minals, the latter function having been placed under the jurisdiction, of the State Engineer and Surveyor by statute. The organization of the Department includes the following Divisions: Chief Clerk's Division, Deputy's Division, directing the work of the Land Bureau, Bureau of Department Surveys, Bureau of General Engineer- ing and general administrative matters, Special Deputy State Engineer's Division, havitig charge of plans and construction of Barge Canal and Terminals, Eastern, 86 Eepoet Of Reconstruction Commission Middle and Western Divisions under the two Deputies having charge of all engineering work in the districts. The State Engineer receives an annual salary of $8,000. Department of Public Works : This Department is under the supervision of a Superintendent of Public Works appointed by the Governor by and with the consent of the Senate, for a term of two years. The office of the Superintendent of Public Works and the general duties of the Department are pre- scribed in the state Constitution. This Department is concerned with responsibility for the execution of all laws relating to the mainte- nance, construction and navigation of canals, except so far as such construction is placed by statute under the jurisdiction of the State Engineer and Surveyor. For purposes of administration the organi- zation under the jurisdiction of the Superintendent of Public Works is distributed among the following bureaus and divisions: The Bureau of Claims and Appraisals, concerned with settle- ments and claims against the State in regard to canals. The General Administration Bureau, including the overhead organization. The Bureau of Finances and Accounts, responsible for accounting and auditing, The Bureau of Canal Traffic and Statistics, responsible for regulation, rates and statistics of traffic on canals, The Bureau of ]SJ"avigation, responsible for the inspection of steam and passenger motor boats plying in state waters and the licensing of pilots, captains, masters and engineers, The Eastern, Middle and Western Divisions, each under the jurisdiction of an Assistant Superintendent of Public Works, responsible for the operation and maintenance of canals, The Bureau of Construction, an inspectional bureau, and The Bureau of Mechanical and Electrical Equipment, which repairs and maintains electrical and mechanical structures. The Superintendent of Public Works receives an annual salary of $8,000. Department of Highways: This Department is under the executive supervision of a Commis- sioner appointed by the Governor by and with the advice and consent of the Senate, for five years. Its scope includes responsibility for the construction and maintenance of all state roads and county highways, and the supervision of construction and maintenance of town high- Depabtmej:^! of Public Woeks 87 ways. For purposes of administration, the work of the Department of Highways is distributed as follows : The First Deputy Commissioner is responsible for the preparation of plans and specifications and the execution of all contracts pertaining to state and county highways. The Second Deputy exercises supervision over the maintenance of state and county highways. The Third. Deputy is responsible for the repair, improvement and maintenance of town highways and county and other roads within the Indian Reservation. The direction and supervision of work in the field is under the jurisdiction of nine Division Engineers, while the needs of the Department in the matter of clerical, auditing and accounting service are supplied by organiza- tion under the supervision of the Secretary and Auditor of the Department, respectively. The Commissioner of Highways receives a salary of $10,000. Department of Architecture: This Department is under the direction of the State Architect appointed by the Governor, by and with the advice and consent of the Senate, for a term of three years. The scope of its jurisdiction includes responsibility for the preparation of plans and specifications and the award of contracts for the construction, alteration or inlprove- ment of all state buildings, with the exception of armories, school buildings and buildings under the jurisdiction of the trustees of public buildings. The organization of the Department provides for an engineering and architectural professional staff sufficient to handle the ordinary problems that arise in connection with the design of structures. In addition, special attention is given to the direction of construction work and the testing of construction materials. The Department is organized with the following Bureaus: Bureau of Engineering, Bureau of Construction, Designing and Testing, Bureau of Office Management, and Bureau of Records and Accounts. In addition there is a branch office in New York City. The State Architect receives a salary of $10,000. Commissioners of the Canal Fund: The Commissioners of the Canal Fund manage the canal fund. The Commissioners are the Lieutenant-Governor, the Secretary of State, the Comptroller, the Treasurer and the Attorney-General. Canal Board: The Canal Board comprises the Commissioners of the Canal Fund, together with the State Engineer and Surveyor and the Superin- S8 Eepoet of Eeconsteuctiokt Commission tendent of Public Works. Tkis body has jurisdiction over the fixing and changing of the canal land boundaries; the acquisition, sale or exchange of canal lands; the investigation of contracts connected with canals; the approval of iDlans and estimates submitted by the State Engineer for canal improvement; the control over the sale of surplus water of canals or feeder creeks; the granting of per- mission for the erection of buildings on canal lands for commercial or manufacturing purposes and the investigation of charges against canal officials. Trustees of Public Buildings: The Board of Trustees of Public Buildings include the Governor, the Lieutenant-Governor and the Speaker of the Assembly. As trustees of public buildings they have supervision over the Capitol and other buildings of the State at Albany and the Senate House at Kingston. These trustees appoint a Superintendent of Public Build- ings who is responsible for the general care, maintenance and opera- tion of the buildings under their jurisdiction. The Xew York Bridge and Tunnel Comanissiori: This Commission is composed of the Commissioner of Plant and Structures of the City of ISTew York and four other Commissioners, three of whom are appointed by the Governor of the State and one by the ilayor of the City of 'New York. The duties of the Commission are to co-operate with a similar commission representing the State of New Jersey for the purpose of constructing a tunnel or tunnels under the Hudson river. Interstate Bridge Commission: This Commission is composed of the State Engineer and Surveyor, Superintendent of Public Works and the State Highway Commis- sioner. The duties of the Commission are to act jointly with a simi- lar commission from Pennsylvania in acquiring the rights, fran- chises and property of the several bridge corporations, municipal corporations, companies, partnerships or individuals owning or oper- ating toll bridges, including the bridge at Pond Eddy, town of Lum- berland, Sullivan County, except such as are o^vned by steam or electric railroads and used exclusively for railroad or railway purposes. Department of Conservation: This Department is concerned with responsibility for thg adminis- stration of lav/s affecting the care of state lands, forests and waters, including the State P'efervation at Saratoga Springs. For pur]iopes of administration this Department is divided into four divisions, namely: Depahtment of Public Woeks 89» The Division of Waters, The Division of Lands and Forests, The Division of Fish and Game, and The Division of Saratoga Springs. In connection with these divisions the Department has provision for engineering services. Commission on West Side Improvements: This Commission is to investigate the surface railroad situation in the City of New York, on the west side. . It consists of seven members, of whom five are appointed by th& Governor, one by the Temporary President of the Senate and one by the Speaker of the Assembly. , 'New York-jSTew Jersey Port and Harbor Development Commission: This Commission of three members appointed by the Governor is to act jointly with a similar Commission of the State of New Jersey in the investigation of port conditions at the port of New York, and to submit a comprehensive report recommending the proper policy that shall be pursued for the best interest of the entire port of New York^ and the legislation — state and federal — that will be necessary to make sach. recommendations ietlective. Long Island Waterway Improvement Board: This Board is to " confer with proper engineers and authorities of the United States Government with reference to the construction of a canal on the south side of Long Island from Jamaica Bay to Peconie Bay and to investigate the probable cost of acquiring the necessary lands therefor." The Board consists of the State Engineer and Surveyor, the Super- intendent of Public Works and one other member to be appointed by the Governor. A report is called for not later than July 1, 1-920. Port Wardens: The Governor with the consent of the Senate appoints nine Port Wardens, one of whom shall, be a resident of Brooklyn, for terms of three years. They make surveys of vessels and cargoes arriving at the Port of New York in distress and determine repairs necessary. They are paid out of fees collected. A special Port Warden acts for vessels under quarantine. Harbor Masters: Harbor Masters are appointed for the harbors of Hudson, Eondout and TarrytovsTi on the Hudson. They determine the anchorage of vessels in these harbors. They are unpaid. 90 Repoet of Reconsteuctioit CoMMissioiir Proposed Department of Public Works The powers and duties of the Departments as noted above show an over- lapping of functions resulting in a duplication of service and effort which can to a considerable extent be eliminated by co-ordinating the adminis- tration of the activities in a single Department under responsible execu- tive control. With this in mind it is recommended that a Department of Public Works be established, the head of which will be a Commissioner appointed by the Governor and serving at his pleasure. The Commissioner will have two Deputies. It is proposed that this Department assume responsibility for the vari- ous functions now exercised by the above-mentioned departments of the state government, with the exception of the Commission on West Side Improvements, Port Wardens and Harbor Masters. It is proposed to abolish the Commission on West Side Improvements because the Commission no longer functions and because the subject to be considered is exclusively within the jurisdiction of the City of New York excepting insofar as it involves the regulation of public utilities which is under the jurisdiction of the Public Service Commissions. It is proposed to transfer the Port Wardens to the Department of Com- merce of the United States Government. It is proposed to abolish the Harbor Masters whose functions, if neces- sary at all, should be performed by agents appointed by the towns of Hudson, Rondout and Tarry town. In the proposed Department of Public Works provision will be made for administering related functions by the establishment of a number of bureaus within the Department. The Bureaus for which definite provi- sion will be made are as follows : Bureau of Engineering. Bureau of Waterways. Bureau of Highways. Bureau of Architecture. Bureau of Administration. The head of the Bureau of Engineering will be the Chief Engineer of the Bureau. The head of the Bureau of Waterways will be the Chief Engineer of Waterways. The head of the Bureau of Highways will be the Chief Engineer of Highways. The head of the Bureau of Archi- tecture will be the State Architect. The head of the Bureau of Admin- istration will be the Secretary of the Department. These positions will all be in the competitive class under civil service excepting the Secretary. In conducting examinations for these positions the Civil Service Com- Depaktment of Public Woeks 91 mission will select examiners from a list of nominations by the Engineer- ing Coimcil. The Bureau of Engineering will be responsible for furnishing to all state departments engineering service in the matter of planning public work projects or other development work; making surveys of various kinds, including topographical and hydrographic ; conducting investiga- tions or studies of an engineering character, including the testing of con- struction materials, furnishing engineering service required in connec- tion with the acquisition or transfer of state property. It will include planning and construction of all engineering projects not specifically assigned to other Bureaus of this Department such as interstate harbor, bridge, tunnel or terminal improvements. The actual control over planning and construction work exercised by this Bureau will be limited to projects which do not fall within the scope of the work of the other Bureaus of the Department. It will not include, for example, the plan- ning or construction of canals or highways or buildings. The work of the Bureau of Engineering will be further organized according to the following divisions: Division of Construction. Division of Design. Division of Surveys (including both topographical and hydro- graphic surveys). Division of Testing. Division of Office Management. This proposal will co-ordinate and bring under a single jurisdiction the miscellaneous engineering service now exercised by a number of existing state and interstate agencies engaged in public works construc- tion or maintenance. And in addition the supervision of construction of all works other than highways, buildings, canals and terminals. In all interstate public works projects the Commissioner of Public Works will represent and cast the vote of the State of ISTew York, assisted by the Bureau of Engineering. This Bureau will make special investigations for other departments requiring information and experience which the regular professional staff of such departments is not able to furnish. This applies, for example, to the institutional departments. Conservation Department, and Health Department. It will include within the scope of its work the making of comprehensive studies of an engineering char- acter involving the conservation and development of power; or the pro- tection of inland waters from pollution; or the outlining of the main features of a state system of drainage. The Bureau of Waterways will be responsible for the construction 92 Eepoet op Eeconstbuction Commission and o]Deration of the inland waters of the state, including the operation of the State Barge Canal, together with the exercising of suitable control over the use of these facilities and the construction and operation of canal terminals. This Bureau will also be responsible for the enforcement of laws relating to the navigation of rivers and canals. The work of this Bureau ^^■ill be grouped according to the following Divisions : Division of Construction. Division of Eeal Estate. Division of Operation with three geograpical units. Division of Traflic. Division of Boat Inspection and License. Division of OfEce Management. This proposed Bureau will co-ordinate and bring under a single juris- diction the functions now exercised by the following state Departments: State Engineer and Surveyor. Canal Board. Department of Public Works. The Bureau of Plighways v/ill be concerned with supervision over the construction and maintenance of all public highways under the jurisdic- tion of the State, including those stipulated in the Highway Law of the State, and others at present under the jurisdiction of other state depart- ments. It will also minister the laws of the State relating to the use of public highways. The work included under the jurisdiction of the Bureau of Highways will be grouped under the following Divisions : Division of Office ilanagement. Division of Construction and Maintenance with nine geographical units. The Bureau of Architecture will be responsible for preparing plans for architectural projects and exercising general supervision over their execution. It will also have custodial care of the public buildings in Albany and J^ew York. The work under the jurisdiction of the Bureau of Architecture will be carried on with the following divisions: Division of Office Management. Division of Design. Division of Inspection. The Bureau of Administration will be responsible for co-ordinating the work of the various other Bureaus in the Department, including the development and operation of the necessary inter-departmental procedure. Dbpaetme'nt of PasLic Works 93 The Bureau will be responsible, also, for all accounting records and information and for the development of cost data relating to the work of the Department, and will exercise general supervision over the purchase and storage (rf supplies. It is not to be assumed that all clerical sei-vice in the Department will be centered in this Bureau, but its purpose will be rather to install, standardize and supervise all accounting and clerical work throughout the Department and to centralize, the most important departmental records. The work of the Bureau of Administration will be organized with the following divisions: Division of Statistics and Accounts. Division of Clerical Service, including Payrolls, Civil Service, etc. Division of Purchase and Stores. Division of Claims. In the administration of certain functions of state government, par- ticularly public works, problems often present themselves which make it desirable for the head of the Department to have the advice and counsel of persons not directly concerned with carrying on the administrative work of the Department. The experience of other states, notably Illinois, has shown the need for such advisory bodies. It is, therefore, suggested that advisory or consulting boards be provided in connection with the pro- posed Department of Public Works. Such Boards will be constituted to advise upon the following phases of the department's work: Engineering Projects. Architectural Projects. Waterway Projects. Administration of Public Works in Other States In connection with the discussion of the establishment of a Department of Public Works in New York State, it is of interest to call attention to recent action taken in other states. Illinois, previous to 1917, presented conditions with respect to the decentralization of the governmental activities, particularly of those activities relating to public works; comparable with those existing in ISTew York State at the present time. During that year a Civil Administrative Code was enacted which established nine administrative departments, one of which is the Department of Public Works and Buildings. This Department is under the administration of a Director, appointed by the ■Governor with the consent of the Senate. The functions included under 94 Kepoet of RBCONSTEUCTioisr Commission the Department are divided among the following bureaus, each with a suitable administrative head : Executive Office Bureau. Bureau of Purchasing and Supplies. • Bureau of Architecture, Construction and Inspection. Bureau of Highways. Bureau of Waterways. Bureau of Parks and Buildings. Bureau of Printing. The Illinois Department of Public Works and Buildings exercises the rights, powers and duties formerly vested in the State Highway Com- mission, State Highway Engineer, Canal Commission, Kivers and Lakes Commission, State Water Survey, the Illinois Park Commission, Super- intendent of Printing, State Art Commission and three quasi-public bodies, namely, Port Massac Trustees, Lincoln Homestead Trustees, Lin- coln Monument Trustees, State Art Commission and other agencies. The Director of the Department of Public Works and Buildings is advised with reference to the policy of the Department by the following advisory boards : Board of Art Advisors, composed of eight persons. Board of Water Resources Advisors, composed of five persons. Board of Highway Advisors, composed of five persons. Board of Park and Building Advisors, composed of five persons. These advisory boards are appointed by the Governor. The Nebraska Civil Administration Code enacted in 1919 provides for a Department of Public Works headed by a Secretary of Public Worl^ appointed by the Governor, with the advice of the Senate, for a term of two years. The public works functions of the State have been brought together in this consolidated department, which exercises the following duties : The building and maintaining of state highways and bridges. The regulating of traific, and licensing and controlling of motor vehicles. The administration of irrigation, water-power and drainage laws. The Administration Consolidation Act of Idaho, recently passed, pro- vides for a Department of Public Works in charge of a Commissioner of Public works, appointed by the Governor and serving at his pleasure. This Department exercises the duties formerly vested in the following agencies : State Highway Commission. State Highway Engineer. Depaktmjjnt of Public Woeks 95 Board of Trustees of the Capitol Building. Heyburn Park Board of Control. The Department of Public Works, however, does not comprehend the irrigation projects of the State, since irrigation is of such importance in Idaho as to warrant the establishment of a separate department, namely, the Department of Reclamation. The Oregon Consolidation Commission, in its recent report to the Legis- lature, recommends the establishment of a Department of Public Works and Domain, which would include the following existing state agencies: State Engineer. State Water Board. Desert Land Board. State Highway Commission. Commission of the Oregon Bureau of Mines and Geology. State Board of Forestry. Bureau of Buildings, now under Secretary of State. State Board of Fish and Game Commissioners. Oregon Conservation Commission. Oregon Geographic Board. Bureau of Mines and Geology. It was proposed to head this Department with a Commissioner of Pub- lic Works and Domain, appointed by the Governor, and serving at his pleasure. It was also proposed to associate with the Department an advis- ory unpaid board of three State Highway Commissioners, to be appointed by the Governor and to be called together from time to time by the State Highway Engineer. Summary of Recommendations. 1. Establish a Department of Public Works at the head of which will be a Commissioner appointed by the Governor who will serve at his pleasure. The Commissioner will have two Deputies. 2. Transfer to the proposed Department of Public Works the functions of the following existing agencies : Department of State Engineer and Surveyor. Department of Public Works. Department of Highways. Department of Architecture. Commissioners of the Canal Fund. Canal Board. Trustees of Public Buildings. "NeM York Bridge and Tunnel Commission. •96 Eepoet Of Eecoksteuction Commission' Interstate Bridge Commission. Engineering and construction work of the Department of Con- servation. New York-lSrew Jersey Port and Harbor Development Commission. Long Island Waterway Improvement Board. In all interstate public works projects the Commissioner of Public Works will represent and cast the vote of the State of JSTew York. 3. The work of the proposed Department will be organized with the following bureaus: Bureau of Engineering. Bureau of Waterways. Bureau of Plighways. Bureau of Architecture. Bureau of Administration. There will also be advisory Boards on Engineering, Architectural and Waterway Projects. The head of the Bureau of Engineering will be the Chief Engineer of the Bureau. The head of the Bureau of Waterways will be the Chief Engineer of Waterways. The head of the Bureau of Highways will be the Chief Engineer of Highways. The head of the Bureau of Archi- tecture will be the State Architect. The head of the Bureau of Admin- istration will be the Secretarj' of the Department. These positions will all be in the competitive class under civil service exee]>t the Secretary. Examinations for these positions will be conducted by examiners selected from a list of nominations by tlie Engineering Council. These bureaus will be subdivided as follows: Bureau of Engineering: Division of Construction. Division of Design. Division of Surveys. Division of Testing. Division of Office Management. Bureau of Watenvays: Division of Construction. Division of Real Estate. Division of Operation. Division of Traffic. Division of Boat Inspection and License. Division of Office Management. Bureau of Highways: Division of Construction and Maintenance. Division of Office Itfanagement. I Depaetmknt of Public Wobks 97 Bureau of Architecture: Division of Design. Division of Inspection. Division of Office Management. Bureau of Administration: Division of Statistics and Accounts, Division of Clerical Service. Division of Purchase and Stores. Division of Claims. 4. The following agency will be transferred to the federal government. Port Wardens. 5. The following agencies will be abolished: Commission on West Side Improvements. Harbor Masters. The records of the Commission on West Side Improvements will be transferred to the Public Service Commission. The records of the Harbor Masters, if any, will be transferred to the local governments of Hudson, Eondout and Tarrytovm. 6. Both constitutional and statutory changes are required to carry out these recommendations. 4 98 Eepoet of Eeconstkuctioh Commissiok Proposed Organization of Department of Public Works DEPARTMENT OP PUBLIC WORKS CommiBsioner 2 Deputy ConmuBsioiierB BUREA'U OF ENGINEERING Chief Engineer BUREAU OF WATERWAYS Chief Engineer of Waterways BUREAU OF ADMINISTRA- TION Secretary BUREAU OF HIGHWAYS Chief Engineer of Highways BUREAU OP ARCHITEC- TURE State Architect DIVISION OF CONSTRUC- TION DIVISION OF DESIGN DIVISION OP SURVEYS DIVISION OF TESTING DIVISION OF OFFICE MANAGE- MENT DIVISION OF CON- STRUCTION DIVISION OF REAL ESTATE DIVISION OF OPERATION 3 Geographic Units DIVISION OF TRAFFIC DIVISION OF STATISTICS AND ACCOUNTS DIVISION OF CLERICAL SERVICE DIVISION OF CONSTRUC- TION AND MAINTE- NANCE 9 Geographic Units DIVISION OF PURCHASES AND STORES DIVISION OF OFFICE MANAGE- MENT- DIVISION OF DESIGN DIVISION OF INSPECTION DIVISION OF OFFICE MANAGE- MENT DIVISION OF CLAIMS DIVISION OF BOAT INSPECTION AND LICENSE DIVISION OP OFFICE MANAGJL- MENT Depaetment of Conservation 99 CHAPTER 7.— DEPARTMENT OF CONSERVATION Present Organization of Conservation Agencies. The present Conservation Commission is composed of a single Commis- sioner appointed by the Governor with the consent of the Senate. He is authorized to appoint deputies and assistants and to perform the following functions : Administration of land affecting the welfare and propagation of fish and game; Care of state lands, and forests and waters; Prevention and combating of forest fires ; Encouragement of correct forestry practices; Control of stream flow ; Development of state water power. The work of the Conservation Commission has been divided into four divisions. These divisions and a brief summary of their functions follow : Division of Waters: This Division administers the law regarding water storage and hydraulic development, water supplies, river improvement, drainage and navigation of waters outside of the canal. Division of Lands and Forests: This Division is charged with the care and administration of the State forest preserves, the John Brown farm and the St. Lawrence and Cuba reservations. It also administers the prevention of forest fires, cultivates trees for reforestation and combats tree diseases. Division of Fish and Game: The Division of Fish and Game administers all laws relating to the propagation and protection of wild animal life of the State. Division of Saratoga Springs: This Division has supervision over State Eeservation of Saratoga Springs and controls the bottling and selling of water from the springs. Although the present Conservation Commission is given broad powers for the care of state lands, forests, waters and wild animal life, there are numerous other special organizations which have functions overlapping those of the Commission, such as the custody of various public lands, parks and public places of historic, scientific and scenic interest. In addition to these, several of the state departments and offices perform custodial functions. Such agencies and functions are as follows: The Trustees of Public Buildings have custody of the Senate House at Kingston. 100 Kepobt of Eeconstkuotion Commission The Superintendent of Public Works has custody of Guy Park House. The State Comptroller has custody of the Saratoga Battle Monu- ment. The 'Department of Education, through the State Museum, has custody of Lester Park, Clark's Reservation and Stark's Knob. The following places of historic and scenic interest are administered by special and independent boards and commissions : Washington's Headquarters at Newburgh and Temple Hill. Niagara State Reservation. Eire Island State Park. Herkimer Home. Palisades Interstate Park. Watkins Glen Reservation. Mohansic Lake Reservation. Schuyler Mansion. Newtown Battlefield Reservation. The boards and commissions which oversee these places are appointed by the Governor^ in most cases with the consent of the Senate. The mem- bers of all boards serve for a term of five years. The boards which super- vise Washington's Headquarters, Herkimer Home, Palisades Interstate Park and Schuyler Monument are composed of ten members each. The other boards consist of five members each. Of the places named above, special mention must be made of the Pali- sades Interstate Park. It is the most important piece of public domain whose custody is entrusted to a commission other than the Conservation Commission, and is the one receiving the largest donations from private sources. This park extends from the lower Palisades in New Jersey along the Hudson river into the Highlands of New York beyond Bear Mountain. It comprises a great area of marked scenic interest which provides recreation grounds readily available by boat and train to the people of New York City and other adjacent cities. The Palisades Interstate Park Commission, which has custody of this park, is composed of ten members appointed by the Governor of New York with the consent of the Senate, five of whom must be residents of this State. In addition to the above-mentioned places, there are fourteen points of historic and scenic interest under the control of semi-public association over whose membership and acts the State has no authority and for which it assumes no responsibility. These places are, however, maintained by the State. The maintenance for the last two years amounted to $54 - Department of Conservation 101 575.27. This is no inconsiderable amount and its expenditure should be subject to centralized and responsible control. These plaees and the agencies responsible for their custody are as follows : Place In Custody of Lake George Battlefield New York State Historical Associa- tion. Crown Point State Reservation .... New York State Historical Associa- tion. Bennington Battlefield New York State Historical Associa- tion. Stony Point Battlefield American Scenic and Historical Preservation Society. Port Brewerton American Scenic and Historical Preservation Society. Phillipse Manor House American Scenic and Historical Preservation Society. Letchworth Park American Scenic and Historical Preservation Society. Battle Island Park American Scenic and Historical Preservation Society. John Boyd Thacher Park American Scenic and Historical Preservation Society. Montcalm Park Fort Oswego Chapter of the Daugh- ters of the American Revolution. Spy Island "... Silas Town Chapter, D. A. R. Grant Cottage Owned by Mt. MacGregor Memorial Association, but maintained by the State. Clinton House D. A. R. Sir William Johnson Mansion Johnstown Historical Society. Another agency which is exercising powers of a conservational nature is the Bronx Parkway Commission. This Commission is made up of three Commissioners appointed by the Governor by and with the consent of the Senate, for terms of five years. Its duties include responsibility for the acquisition and survey of lands required to improve the course of the Bronx river and prevent the pollution of that stream, and also to prepare plans for and exercise supervision over the construction of a boulevard from Kensico Dam down to the City of Nev; York line. Three-fourths of the expenses of the Commission are borne by the City of New York and one fourth by Westchester county. New York City has withheld further 102 Eepokt ol- Ileconsteuctioit CoMMissioir appropriations for this project. This is a state rather than a city or county project. Custody and development of the lands acquired is a con- servation problem. Proposed Organization of Department of Conservation It is proposed to continue the work of the Conservation Commission under a Department of Conservation, v?ith a single head appointed by the Governor. \^Tiile there is precedent in other states for combining con- servation with public works it nevertheless seems desirable to maintain such a separate Conservation Department in New York on account of the great need for the incentive toward development of its natural resources and the conservation of its public domain. It also seems advisable not to interrupt the work which has been begun by the Conservation Commis- sion as a separate and distinct agency of the government. There is great need for the development of waterpower in order to take care of the rapidly developing industries of the State. This is a subject which is large enough and important enough to demand the attention of a well-organized unit of state government. The investiga- tion of potential resources of the State by surveys and the furnishing of this information to possible private users, together with the formula- tion of a comprehensive and co-ordinated plan for general state develop- ment, are functions which should be performed by a special department. The conservation of forests and of wild animal life are also very important function?. In a large measure the existence of fish and game is dependent upon the forests and forest protection thrown around them. Problems of water supply and power are closely related to the preserva- tion of forest, and forestation materially affects stream flow. Surveying parties and inspectors which study one of these subjects can and should take into consideration the others. It is evident that the functions of conservation at present performed by most of the several independent commissions and bodies noted above are of the same character as those performed by the Conservation Com- mission. These separate and independent bodies, because of their limited jurisdiction, can do no comprehensive planning for the best interests of the State as a whole. No central administrative office supervises these agencies. In fact, some are not supervised by the State at all. Others are supervised indirectly through appointment. It, therefore, seema desirable that these functions of custody should be incorporated in the proposed Department of Conservation, together with the function of Departmejst of Conseevation 103 water power, water supply, public forests and fish and game. There are several of these independent agencies which care for mansions and monu- ments rather than parks, which raises the question whether they should be transferred to the State Architect in the Department of Public Works. It is, however, exceedingly difiicult to draw a line between the places which are properly under the Conservation Department and those which are properly under Public Works. The majority of the places present problems of conservation and recreation and it therefore seems best to place them all in the Department of Conservation. All architectural work and building repair or extension will however be under the juris- diction of the State Architect. In order to maintain local or special interest and support, the various boards and associations will be retained as trustees, but the control of appropriations, expenditures and upkeep will be in the Conservation Department which will appoint the necessary employees subject to civil service rules. An exception, however, may be made in the case of the Palisades Interstate Park. It does not seem advisable at the present time to place this park under the exclusive juris- diction of the Department of Conservation since the park is the result largely of contributions from private persons and is being successfully developed under the present administration. Because of the interstate nature of the Park and because private persons continue to make large donations for its development, it seems advisable to leave its administra- tion under a joint commission. It is, however, recommended that the Commissioner of Conservation be made an ex-ofEcio member of the Pali- sades Interstate Park Commission and chat aU appropriation by the State be made to the Department of Conservation and be expended only upon the approval of the Commissioner. The Bronx Parkway Commission will be abolished and its functions transferred to the Consei-vation Department. It is proposed to retain the bureau organization of the existing Con- servation Commission, with the addition of a Bureau of Administration and to add to the Bureau of Lands and Forests the management and custody of parks and reservations now cared for by special boards and semi-public agencies. The Bureau organization of the proposed depart- ment will therefore be as follows : Bureau of Administration. Bureau of Waters. Bureau of Lands and Forests. Bureau of Fish and Game. Bureau of Saratoga Springs. ^ 104 Repoet of Eeconsteuction Commission The heads of these bureaus will be Directors in the competitive class under civil service excepting the Bureau of Administration which will be under the Secretary of the Department. The Constitution of New York State provides that " the forest pre- eerves shall be forever kept as wild forest land " and that "timber thereon shall not be sold, removed or destroyed." !Not exceeding three per cent, of Buch lands may however be used for the construction and maintenance of reservoirs. This provision has been interpreted to mean that modem forestry methods, such as cutting out dead or too-thickly growing trees, removing fire hazards and the like cannot be practiced. Such a consti- tutional limitation removes a source of income to the State by preventing the sale of timber which is beginning to decay. Fire hazards cannot be removed and thus the successful prevention of forest fires is in a large measure hindered. The College of Forestry is prevented by this pro- vision from using the state parks in its educational work and is forced to purchase tracts of forest land for use in experiment. All state-owned forest land should be under the control of the Conservation Commission, which should not be unduly restricted in its development and preservation. The constitutional limitations upon forest development should be amended so as to give greater latitude to the Commission. In addition the Com- mission should have a large measure of control over privately owned forest land. Summary of Recommendations 1. There will be a Department of Conservation under a Commissioner to be appointed by the Governor with the consent of the Senate to serve at his pleasure. 2. The Counsel of the Department will be transferred to the ofiice of the Attorney-General. 3. The Department will perform the functions now exercised by the Conservation Commission; have the custody of all state lands and parks which are of value as recreation grounds, or in the conservation of forests and sources of water supply; also all places of historic and scientific interest now under the control of other departments or of independent boards and commissions or semi-public agencies. The following places now under state departments will be transferred to the Conservation Commission : The Senate House at Kingston will be transferred from the Trustees of Public Buildings; Guy Park House from the Superintendent of Public Works; the Saratoga Battle Monu- ment from the Comptroller ; Lester Park, Clark's Reservation and Stark's Knob from the Department of Education. Depaetment of Consekvation 105 The following places now under independent boards or agencies wiU be transferred to the Conservation Commission : Washington's Headquarters at l^ewburg and Temple Hill. Niagara State Eeservation. Fire Island State Park. Herkimer Home. Watkins Glen Reservation. Mohansic Lake Reservation. Schuyler Mansion. Newtown Battlefield Reservation. Lake George Battlefield. Crown Point Reservation. Bennington Battlefield. Stdny Point Battlefield. Fort Brewerton. Phillipse Manor House. Letchworth Park. John Boyd Thacher Park. Battle Island Park. Montcalm Park. Spy Island. Grant Cottage. Clinton House. Sir William Johnson Mansion. In order to maintain local or special interest and support the present boards or associations will continue as boards of trustees, but the cost of appropriations, expenditures and upkeep will be in the Conservation Department, which will appoint the necessary employees subject to civil service rules. All additions, alterations or repairs to buildings in the places above listed will be under supervision of the State Architect. 4. The Palisades Interstate Park will continue to be under the direc- tion of the trustees with the addition of the Commissioner of Conserva- tion, ex-officio. All state appropriations will be made to the Conserva- tion Department and will be expended with the approval of the Commissioner. 5. The Bronx Parkway Commission will be abolished and the custody and further development of properties in its name will be transferred to the Conservation Department. 106 Kepoet of Reconstruction Commission 6. The Department will have the following bureaus : Bureau of Administration. Bureau of Waters. Bureau of Land and Forests. Bureau of Fish and Game. Bureau of Saratoga Springs. There will be a Director in the competitive class under civil service in charge of each of these Bureaus excepting the Bureau of Administration which will be in charge of the Secretary of the Department., The reservations and places transferred to this Department will be under the Bureau of Lands and Forests. 7. The above recommendations will require only statutory changes. 8. Constitutional changes will be required to give the Commissioner power in the use of state forest lands to the best advantage and to extend the jurisdiction of the State to privately owned forests. Proposed Organization of the Conservation Department CONSERVATION DEPARTMENT Conmiissioner Deputy Commissioner BUREAU OF WATERS BUREAU OP FISH AND GAME BUREAU OF ADMINISTRA- TION BUREAU OF LANDS AND FORESTS BUREAU OF SARATOGA SPRINGS Director Director Secretary Director Director L)EPABTMENT OF AgBJCULTUEE AHD MaHKETS 107 CHAPTER 8.— DEPARTMENT OF AGRICTTLTimE AND MARKETS Present Organization of Agricultural and Market Functions The Department of Farms and Markets is dharged with these functions: To protect farmers and the general public from malpractices relating to agriculture or food distribution; to administer the state laws relating to agriculture/ weights and measures and food distribution ; to promote the production, elimination of waste in distribution, and efficient marketing of foods ; to promote country life welfare. These functions are administered by the Council of Farms and Markets, composed of one representative from each of the nine judicial districts of the State, one representative at large, and the Commissioner of Markets of the City of ^ew York ex-officio. With the exception of the Commissioner of Markets of New York City, these members are elected by the Legisla- ture for terms of ten years each. This Council appoints a Commissioner of Agriculture to administer the Division of Agriculture and a Commis- sioner of Foods and Markets to administer the Division of Foods and Markets. The law creating the new organization in 1917 combined in it the former departments of Agriculture, Foods and Markets and Weights •and Measures, and also certain duties relating to food inspection formerly in the Department of Health. This law gave the Council of Farms and Markets a free hand in the organization of new Bureaus in the Division of Foods and Markets but did not abolish the existing statutory Bureaus in the Department of Agriculture. The Council has a Secretary and a Counsel. The present State Fair Commission is charged with holding the annual State Fair. The Commissioner of Agriculture and the President of the Senate are members ex-officio, and there are five members appointed by the Governor receiving annual salaries of $2,000. The Secretary receives $4,000. Experience of Other States Several states have recently made changes in the administration of their agricultural functions. The most important of these are Illinois, Idaho and Nebraska- It will be seen that the tendency is toward consolidation under a single head appointed by the Governor and assisted by an advisory board. The Illinois Civil Administrative Code of 1917 consolidated a number of state agencies concerned with the administration of agricultural and allied functions into a Department of Agriculture. At the head of this Department is a Director of Agriculture, appointed by the Governor and confirmed by the Senate. Under the Director is an Assistant Director, a General Manager of the State Fair, three Superintendents who act as 108 Repoet of Eecoi^steuotio^ Commission' heads of Bureaus, a Chief Veterinary, a Fish and Game Warden and a Food Standard Commission, which consists of one of the above Superin- tendents and two other designated officers. There is a Board of Agricul- tural Advisors to the Director of Agriculture, composed of fifteen persons, also a Board of State Fair Advisors, composed of nine persons not more than three of whom may be appointed by the Governor from any one county. The Administrative Consolidation Act of Idaho, approved February 19, 1919, provided for the creation of a Department of Agriculture under the direction of a Commissioner of Agriculture who is appointed by the Governor and removable at his discretion. This Department performs the agricultural functions of the State which were formerly vested in several independent boards, oificers and commissions. In connection with the Department is a Board of Agricultural Advisors composed of representa- tive citizens engaged in various agricultural pusuits throughout the State, not excluding representatives of agricultural press and of the State Agricultural Experiment Station. The members of this board are appointed and removed by the Governor. The Board functions only in an advisory and rule-making capacity. A recent law of Nebraska has created a Department of Agriculture which brings together the agricultural functions of the State. This Department is under the control of the Secretary of Agriculture who is appointed by the Governor. A report of the Consolidation Commission of the State of Oregon to the last Legislature proposed the consolidation of all state agricultural agencies into a Department of Agriculture to be established under a Director of Agriculture. This Director is to be appointed by the Governor. In con- nection with the Department there is to be an unpaid Advisory Council of Agriculture, to be composed of five practical farmers, appointed by the Governor from the State at large representing different agricultural interests and including the Director of the Agricultural Experiment Sta- tion. Proposed Organization of Department of AgricTilture and Markets The present organization of the Department of Farms and Markets is not a success. After only a year's experience with the two present Com- missioners, the Council supported a bill providing that the two existing Divisions should be combined under a single head. This bill was defeated in the Legislature. It is obvious that an unpaid Board meeting only occasionally can act in an advisory capacity, but cannot properly supervise and co-ordinate the work of two separate Departments, each under an Department of Aoeicu-ltuke and Markets 109 independent commissioner. Moreover, no logical development of Bureaus is possible under sucli an organization. In locating the responsibility for failure it is, however, necessaiy to distinguish between overhead and internal organization. Few who know the present organization will ques- tion the need of consolidation and reorganization within the Department, but there is considerable difference of opinion as to the desirability of changing the powers of the Council. The appointment by the Legislature of a large Council as the head of an administrative Department is opposed to the principles of proper organiza- tion laid down in the introduction to this report. The Constitution of this State clearly divides executive and legislative functions. The legis- lative function does not properly include the appointment of heads of Departments for which the Governor is supposed to be responsible. A Governor who has his department heads appointed by the Legislature has no control over Departments and can assume no responsibility for their conduct or expenditures. The recent agitation for lower food prices indi- cates that the public holds the Governor responsible for state action and assumes that he has control over the state food agencies. As a matter of fact his authority is limited to special investigation and recommendation. As in the case of the Board of Eegents it is not possible to make recom- mendations regarding the Council of Farms and Markets strictly upon the basis of logic and principle. A large part of the community particu- larly in the agricultural districts is opposed to a change in the organization and election of the present Council of Farms and Markets. This is partly due to confidence in local representatives as distinguished from a single Commissioner and partly to dislike of further changes at this time. It must be remembered that the law of 1917 which established the Council provided that the initial appointments should be made by the Governor and subsequent vacancies should be filled by election by the Legislature. The original nominations by the Governor were apparently unsatisfac- tory to the general public; and were not confirmed by the Senate. The Governor made new nominations which were confirmed. The first elec- tion by the Legislature took place recently at the expiration of the shortest term of the original appointees, so that the new method of appointment has only just been instituted. It will be seen that there is some ground for dislike of another change at this time. As a matter of fact the internal reorganization of the Department is of even greater importance than the change in the Council and such internal reorganization ia a stepping stone toward complete centralization of authority. Under these circumstances it is recommended that no change be made at this time in the organization and election of the Council. 110 Repoet of KficoNSTEUCTio:^ Commission The Council will appoint a Commissioner of Agriculture and Markets who will hold office at the pleasui-e of the Council and who will be the administrative head of the entire Department. The Commissioner will appoint all bureau heads and employees subject to civil service rules. The following seven bureaus will be established: Bureau of Administration. Bureau of Plant Industry. Bureau of Animal Industry. Bureau of Farm Management. Bureau of Co-operative Associations. Bureau of Weights and Measures. Bureau of Markets and Storage. There will be a Director in the competitive class under civil service in charge of each Bureau excepting the Bureau of Admiijistration which will be in charge of the Secretary' of the Department. In the present Department of Farms and Markets there is a Counsel to the administrative body at a salary of $5,000 who does the legal work required by the Division of Foods and Markets. In addition there is a Legal Bureau in the Division of Agriculture, headed by a Counsel at $4,000, who has eight assistants with aggregate salaries of $9,000. It is proposed to transfer these persons to the office of the Attorney-G-eneral who will assign such Deputies as are required in accordance with the recommendations in Ch'apter 4 of Part II. This will place these functions where they rightly belong and will also result in a considerable saving. The Bureau of Farm Settlement in the Division of Agriculture pro- motes settlement of farming sections by immigrants. There is in the Labor Department a Bureau of Employment with practically the same duties. Recently the federal government authorized similar work through the Departments of Agriculture, Labor and Interior. We there- fore recommend that this Bureau be abolished. The Bureau of Administration will have charge of the general office work as well as the handling of any funds which may pass through the Department. At the present time these functions are perfonned by the Division of Accounting in the Division of Agriculture and the Regulative Bureau in the Division of Foods and Markets. The present Bureau of Statistics and the Bureau of Editing and Proofreading now in the Division of Agriculture will also be combined in the Bureau of Administration. The present Bureau of Plant Industry in the Division of Agriculture will be continued under the new Department. The present Dairy Bureau and Bureau of Animal Industry in the Division of Agriculture will be consolidated in the Bureau of Animal Depaetment op Agriculture and Markets IH linlustry. The Dairy Bureau superriaes the production, manufacture and sale of dairy products, while the Bureau of Animal Industry sup- presses infections and contagious diseases of domestic animals, appraises diseased animals condemned for slaughter and supervises the sale of slaughtered animals. The principal advantage to be gained through the consolidation of these two Bureaus will result from combining the inspect- ing forces. Such a consolidation will eliminate one of the present bureau Directors and effect an immediate saving. The Bureau of Farm Management, now the Farm Bureau, will be con- tinued under the proposed Department and will perform the functions of advising with the administration on the management of state institu- tional farms and promoting information concerning farm management through the medium of these farms. It will also have charge of the annual State Fair. It is advisable, however, to substitute a Director for the present Deputy Commissioner of Agriculture. The Bureau of Co-operative Associations and the Bureau of Weights and Measures now in the Division of Farms and Markets will be included as separate bureaus in the proposed department. The former Bureau aids in organizing co-operative associations for the purpose of sale of food and agricultural products as well as materials used by the farmers. The latter Bureau supervises the work of the legal sealers or inspectors of weights and measures, and administers the state law concerning these functions. It is recommended that the Bureau of Markets and Storage be expanded in the proposed Department of Agriculture and Markets to assist farmers in marketing their crops, to report market conditions, to investigate ship- pers' grievances, to inspect foods and perform the regulative functions of the Bureau concerned with the inspection of cold storage warehouses. The present Bureau of Food Products in the Division of Foods and Markets collects samples of food for examination and analysis. The present Bureau of Standardization examines materials collected by its agents at the laboratories in Albany, Ithaca, Buffalo, New York and Canton. The present License Bureau issues licenses to milk dealers, commission men and public cold storage warehouses. All of these will be given to the new Bureau of Markets and Storage which will be under a single Director. Summary of Recommendations 1. The Council of Agriculture and Markets will be continued for the present as the head of the Department and will be composed of one repre- sentative from each of the nine judicial districts of the State, one 112 Kepoet of Eeconsteuotioij Commission representative at large, and the Commissioiier of Markets of New York City ex-offlcio ; the ten members to be elected by the Legislature for terms of ten years as at present. 2. The present Division of Agriculture and Division of Foods and Markets under the Council of Farms and Markets will be consolidated into a single Department of Agriculture and Markets under the direction of a Commissioner of Agriculture and Markets to be appointed and removed by the Council and to hold office at its pleasure, 3. The Department of Farms and Markets will be divided into seven bureaus : Bureau of Administration. Bureau of Plant Industry. Bureau of Animal Industry. Bureau of Farm Management. Bureau of Co-operative Associations. Bureau of Weights and Measures. Bureau of Markets and Storage. Each Bureau will be under a Director in the competitive class under civil service excepting the Bureau of Administration trhich will be under the Secretary of the Department. 4. The present Counsel and Legal Bureau will be transfered to the office of the Attorney-General. 5. The State Fair Commission will be abolished and its functions will be transferred to the Bureau of Farm Management. 6. Only statutory changes will be necessary to effect the organization ©f the proposed Department of Agriculture and Markets. DEPAETlIEIiTT OF AgEICULTURE AND MaeKETS 113 Proposed Organization of the Department of Agriculture and Markets COUNCIL OF AGRICULTURE AND MARKETS CommissioDer BUREAU OF PLANT INDUSTRY BUREAU OF ANIMAL INDUSTRY BUREAU OF ADMINISTRA- TION BUREAU OF FARM MANAGEMENT BUREAU OF COOPERATIVE ASSOCUTIONS Director Director Secretary Director Director BUREAU OF WEIGHTS AND MEASURES BUREAU OP MARKETS AND STORAGE Director Director 114 E'ePOET of RECONSTEUCTIOJf COMMISSION CHAPTEE 9.— DEPARTMENT OF LABOR. Brief Summary of the Present Organizatioii. The Department of Labor at the present time is administered by the Industrial Commission. This commission, created by Chapter 674 of the Laws of 1915, is made up of five commissioners appointed for six years by the Governor, by and with the advice and consent of the Senate. One of them is designated by the Governor as Chairman. The salary of each Commissioner is $8,000 per year. The functions of the Department are "to supervise the administration and enforcement of the Labor Law, and to make, amend and grant variations from rules and regulations for carrying the Labor Law into effect, and to supervise the administration and enforcement of the Work- men's Compensation Law." There is also an Industrial Counjcil, the duty of which is to advise with the Commission on matters of policy and to co-operate with the Civil Service Commission on matters of departmental personnel. This Council is composed of ten members appointed by the Governor, five of whom are representatives of the employees and five representatives of the employers. The Council elects as chairman a person who is not a member of the Council. The Department of Labor is divided into the following bureaus : Workmen's Compensation (including State Insurance Fund), Legal, Industries and Immigration, Mediation and Arbitration, Statistics and Information, Employment, Industrial Code, Inspection, Women in Industry. The last Bureau was established by law during the legislative session of 1919, and the act included a provision requiring legislative sanction to new Bureaus in the Department. Previous to the passage of that act the Commission was empowered to establish such Bureaus as it found necessary. It is provided by law also that there shall be three Deputy Commissioners to be in charge of the Bureau of Inspection, the Workmen's Compensa- tion Bureau and the Bureau of Mediation and Arbitration. These deputies receive an annual salary of $6,000. The Commission is author- ized also to appoint a Counsel at $7,000 and a Secretary at $6,000. The Depaktaient of Laboe 115 Secretary is not only Secretary to the Industrial Commission, but is also Secretary to the Industrial Council and performs also the duties imposed upon him under the Workmen's Compensation Law. Each Commissioner is assigned immediate supervision over certain Bureaus and Divisions of the Department. The most recent assignments are as follows: Chairman Mitchell. — Compensation, claims, awards, agreements and the bulletin. Commissioner Lyon. — State Fund, self -insurance, legal. Commissioner Lynch. — Inspections, printing, boilers and explo- sives, women in industry. Commissioner Sayer. — Employment, accounts and payments, civil service investigations, industries and immigration. Commissioner Perkins. — Mediation and Arbitration, safety and sanitary devices, statistics and information, variations on new con- struction. Commissioners Sayer, Lynch, Perkins. — Industrial Code. The appointment of the Commission in 1915 was noteworthy in that it combined in one department all the functions of the state government so far as they affect industrial relations, labor standards and workmen's compensation. It was also noteworthy because of the wide powers given the Commission in the interpretation of the Labor Law through the mak- ing of rules and regulations. However, this is characteristic of the general trend in other states. Wisconsin in 1911 established an Indus- trial Commission with powers similar to those granted in New York. Other states, notably Ohio and California, and later Pennsylvania, have done the same. This movement is due to a realization that the fixing of employment standards by statute is too inflexible, and that it is best done on the basis of current investigation by experts which provides a ready means of amendment and variation as conditions change. The combination of the administration of labor and workmen's compensation laws majies possible the maximum degree of co-ordination of the two and the application of accident experience to preventive standards. The power conferred upon such a department is therefore very great and is usually thought to require a representation of various interests to be wisely administered. For this reason commissions of several heads have in several cases taken the place of single-headed departments. Proposed Organization of the Department of Labor. Under the present organization the various members of the Commis- sion are spending a great deal of time in supervising the Bureaus to 116 Kepoet of EEcoNSTEUCTiojf Commission which they have been assigned. This removes the Commissioners from the consideration of important matters of policy and from judicial, quasi-judicial and legislative matters with which they should be pri- marily concerned, such as compensation appeals and reviews, additions to and revisions of codes, granting variations and the settlement of industrial disputes. In the near future matters of health insurance and minimum wage policy and appeal will probably be added. It is impossible for the Commissioners to keep in very close touch with the work of the Bureaus assigned to them. A recent investigation under the Moreland Act charges that bad conditions in the State Insurance Fund were unknown to the supervising Commissioner and that this Commissioner could not have been familiar with them in the limited time at his disposal. Under this arrangement there is no one to hold the bureau heads respon- sible and to co-ordinate the work of the various bureaus and bring them under a single admistrative head. It is apparent that at least the admin- istrative functions of the Commission should be concentrated in one per- son who can be held responsible for the proper co-ordination and per- formance of work throughout the department. It has been suggested from time to time that general administrative authority should be lodged in the Secretary of the Commission. There seems to be little chance of producing results by this means. The Labor Law makes no provision for such leadership; in fact it clearly indicates that the Deputies report to the Commission; and that each Commissioner is to be assigned to supervise certain Bureaus. The salary of the Secretary clearly indicates that he is not the superior of the bureau heads; the position of secretary is exempt by civil service law in every department and is regarded almost universally as limited in term and secretarial rather than executive in nature. A Secretary of unusual diplomacy might help to co-ordinate the administrative activities of the Depart- ment but could not act as an administrator without constant friction and misunderstandings with both bureau heads and the Commission. In addition to all of these arguments against an attempt to make the Secre- tary the administrative head of the Commission, it should be noted that there is need of a^ Secretary to give all his time to office managment and to preparing the calendar and business for the Commission, recording and classifying decisions and in general acting in a secretarial capacity. Another possible solution of the administrative problem in the Com- mission would be to reduce the number of Commissioners from five to one as was done recently with respect to the regulatory functions in the Public Service Commission for the First District. There are, however, a number of considerations which seem to make this undesirable and Department of Laeob 117 which distinguish the problem in this department from the regulatory public utilities problem. The quasi-legislative and judicial functions of the Labor Department are more extensive and more varied and less sub- ject to appeal, and affect the average citizen more closely than the similar functions of the Public Service iCommission. The exercise of these functions in the Labor Department by a single individual would involve an experiment which past experience in this and other states hardly seems to warrant. With the removal of rapid transit construction work from the regulatory work of the First District Public Service Commis- sion, the administrative work of the Commission is not at all comparable with the administrative work of the Labor Department. It is interesting to note the way in which this problem has been met in other states which have undertaken administrative reorganization and consolidation.* In general these states have sought to combine a single administrative head with a board for judicial and legislative work. Illinois has a Director of Labor with two Deputies who have no adminis- trative functions and who with the Director constitute a board to hear appeals, make and change rules, etc. Massachusetts has recently adopted a new plan with a Commissioner of Labor and three Associate Commissioners appointed by the Governor, the latter exercising minimum wage, conciliation and other judicial functions. Apparently, the solution of the organization problem in the Labor Department is to have a single Director responsible for all adminis- trative work, with a Commission of several members who will be able to devote the greater part of their time to questions of quasi-judicial and quasi-legislative problems, and matters of policy. Experience every- where indicates that a commission should be as small as possible. On this assumption there seems no reason why the present Industrial Com- mission should consist of more than three members, one representing labor, one the employers and one the general public. On the other hand a reduction in the present membership of the Commission at this time would be extremely difficult if the proper representation is to be secured. However, this should be done ultimately. The question of the relation of this Commission to the Director is very important. There are three possible relations: (1) To place the Director under the Board of Commissioners as an appointee of the Board responsible to it for all administration; (2) to have the Director appointed by and responsible to the Governor for the administration of the Department, aud to associate with the Director a Board of Commis- * See Part III. See also Reports of Efficiency and Economy Commission, Illinois, 1915, pp. 487-590. 118 Repoet of Eeconsteuction Commission sioners appointed by and responsible to the Governor for determination of quasi- judicial and quasi-legislative matters; (3) the same as (2), excepting that the Director would be an ex-officio member of the board, thus closely relating the administrative and other functions. On the whole, the second or third plan seems to us to be the better from the standpoint of organization. It recognizes the fundamental facts that administrative responsibility should be centralized, that there are quasi-judicial and quasi-legislative functions for which a board is preferable to a single individual, and that these two functions, namely, those of the administrator and those of the board, should be closely related. On the other hand there are strong arguments in favor of the first plan. The social and industrial program of the State centers in this Department more than in any other. Great powers are vested in the Department now and new functions are being added to it, or proposed, such as supervision of health insurance and minimum wage fixations or agreements. The masses especially in the cities, have a closer contact with the state government through this Department than through any other. A Director independent of the Commission whose decisions on administrative questions would not be subject to appeal might easily give the impression of arbitrary authority. Again any action which would appear to remove or sidetrack commissioners in whom the public had developed confidence would be ill-timed. Here, as in the case of reducing the number of commissioners, it seems best to postpone but not to abandon the ideal plan. The retention of the five commissioners at the head of the Department with a Director appointed by them to conduct the entire administration seems to be the best plan at this time. It is at least a long step in the right direction. The following detailed organization is therefore recommended: The Commissioners will choose a Secretary whose duties will be to prepare the calendar for their meetings, to perform the general office and secretarial work of the Department, and to serve as Secretary to the Industrial Council. The present Counsel and his staff will be transferred to the Attorney- General's office, in accordance with the recommendation in Chapter 4 of Part II if the Attorney-General is made an appointive officer. All other employees of the Department, excepting private secretaries to the Commissioners will be appointed by the Director subject to civil service rules and to the approval of the Commission. The Industrial Council has not achieved the results which were hoped for originally. The members of the Council are appointed by the Depaetment of Labor 119 Governor but not for specific terms. A term of five years is recommended, Iwo terms expiring each year. The Chairman of the Council who is chosen by the Council is at present one of the commissioners — obviously a bad arrangement. It is recom- mended that it be specifically provided that no member of the Com- mission be eligible for the position of Chairman. It is also recommended that the membership of the Council be made more truly representative of the big industries, especially those in New York City. It is obvious that there is a real field of activity which can only be filled by such a body as recent English experience with industrial councils testifies. The Indus- trial Council will also be given the task of establishing in the important industries of the State, sub-councils of employers and employees to whom the Council and the Commission may go for consultation on matters affecting the industries of the State. This will tend to remove many existing causes for dispute, which at the present time are not dealt with by any agency, and it will also create representative groups to which the Commission might turn for advice and cooperation. Not only has this policy been successfully adopted in England by the Ministry of Labor, but also by the federal government in establishing such agencies as the Emergency Construction Commission, the Metal Trades Board, the Building Trades Board, the Shipbuilding Labor Adjustment Board, the Harness and Saddlery Commission, and similar boards. The Director will be responsible for the entire administration of the Department. The Department will be organized with a staff and the following bureaus : Industrial Staff, Bureau of Administration, Bureau of Employment, Burau of Statistics and Information, Bureau of Inspection. Bureau of Mediation and Arbitration, Bureau of Workmen's Compensation, Bureau of State Insurance Eund. The head of the Industrial Staff will be the Chief of Industrial Staff. The head of the Bureau of Administration will be the Secretary of the Department. The head of the Bureau of Employment will be the Chief of the Bureau of Employment. The head of the Bureau of Statistics will be the Chief Statistician. The head of the Bureau of Inspection will be the Chief of the Bureau of Inspection. The head of the Bureau of Mediation and Arbitration will be the Chief of the Bureau of Media- 120 K'epoet of Eeconsteuction Commissioit tion and Arbitration. The head of the Bureau of Workmen's Compen- sation will be the Chief of the Bureau of Compensation. His immediate assistants will be known as Deputy Compensation Commissioners. The head of the State Insurance Fund will be the Manager of the State Insurance Fund. It will be noted that it is proposed to abolish the Bureau of Industries and Immigration. The law which established the Commission gave wide powers and duties to the Bureau of Industries and Immigration. It states, for example, that the Bureau has the following duty : " To devise methods for the proper instruction of aliens and minor aliens . . . and may establish and supervise classes and otherwise further their instruction." This is an obvious duty of the State Department of Education, which is equipped to deal with such matters, where the Industrial Commis- sion is not. These duties should therefore be transferred to the Depart- ment of Education and this is recommended in that part of this report which deals with the Department of Education. Originally created at the peak of the immigration curve, the staff of this bureau and its func- tions have gradually been cut down until at the present time there are only twenty employees. The work of this Bur'eau is now largely given over to routine inspections of immigrant lodging houses and labor camps. The local health and police department and the State Health Department and other bureaus of the Labor Department are capable of discharging these duties very much better than this bureau. It is apparent that the Labor Department has neither the staff nor the funds for a really com- prehensive program for the assimilation of immigrants and the estab- lishment of proper protective measures for them, assuming that Congress will not place general restrictions on immigration. If as is to be expected, a broad program for this work is formulated by the Department of Education there is no need of a Bureau of Indus- tries and Immigration. The Division of Industrial Hygiene in the Bureau of Inspections will be combined with the Bureau of Industrial Code in a single staff agency under the Director, to be known as the Industrial Staff, under a com- petent chief of staff with a group of expert advisers. Those who are working in the field of industrial hygiene should be in close co-operation with the officials charged with framing the code which embodies standards of industrial hygiene. Both are staff functions and can readily be com- bined under one head. Research work in these matters is valueless unless the results are applied at first hand to the rules which the Com- mission frames for the protection of health and safety. The Director will Department of Labob 121 refer all recommendations of tKis staff with his comments to the Com- mission which will act as a body. The Bureau of Administration wUl be in charge of all secretarial work, office management, financial, personnel, purchasing and reports of the department. On March 21st last the Reconstruction Commission submitted to the; Governor a report, recommending that he 'urge upon the Legislature the allowance of an additional appropriation for the State Bureau of Employ- ment for the ensuing fiscal year with a provision for the acceptance by the state of a federal subsidy if the next Congress should make such a subsidy available. An additional appropriation on substantially this basis was made by the Legislature. The amount now available will enable the State Industrial Com- mission to place the service for the first time upon a basis in some degree commensurate with the size of the problem to be solved. On August 1, the Bureau had in operation six offices in New York city and twelve up-state. The operation of the private employment agencies should receive a far more vigorous supervision on the part of the State than now obtains. Under existing law,* an emplojTnent agency is not required by the State TO obtain a license, but cities of the first and second classes are permitted to require a license and to impose a fee of not more than $25 in con- nection therewith. All employment agencies in the State, regardless of their location, should be licensed and should be required to sign a penal bond, the license to be for a short period of time and to embody pro- vision for the revocation or non-renewal of the license in the event of improper conduct on the part of the licensee. The Industrial Commis- sion drew up proposals for a bill to be introduced in the last Legislature f requiring all employment agencies in the State to be licensed by the Industrial Commission, and to pay a fee of $250. The proposed bill should be modified so as to provide that first class cities shall collect the license fees, returning half the fees to the State. There should also be a provision that in all first and second class cities information and reports on standard forms should be submitted by the local licensing authority to the State Industrial Commission. It would also be desir- able to strengthen the present law so as to provide that the books of private exchanges should be open to audit by the State Industrial Com- mission as well as by first and second class cities. * General Business Law, section 170. f In addition, a bill (see Assembly Bill 412) was introduced by Mr. Youker January 31, 1919, providing that in all cities of the first and second class employment agencies shall pay a fee of $260 to the Mayor, or Commissioner of Licenses. This applies only to cities of the first and second classes. 122 R'epoet of Eeconsteuotion Commission As there are 672 private employment agencies in New York City and 71 licensed agencies up-state and a considerable number of unlicensed agencies, the returns in revenue to the State and the localities will be considerable. In connection with the development of the state employment service and the control and gradual supplanting of most of the private employ- ment agencies there are a number of important problems, which the Bureau of Employment should study with a view to development of a definite program: The organization of the labor market to bring about extensive dovetailing of winter and summer trades and to stimulate the use of subsidiary trades. Directing labor to new occupations when changes of industrial structure result in displacement from chosen occupations. Reserving certain places in industry for older men and women and leaving the younger generation the task of finding and forcing fresh openings for themselves. Concentrating attention upon the need for industrial training, including "vestibule" or preliminary training where such training does not lead to " blind alley " employment, training in plants to increase efficiency while gainfully employed, and training in trade and business schools. This should be done with the state and local departments of education and with private educational institutions. Directing boys and girls away from "blind alley" employment. Testing periodically and comprehensively the amount of unem- ployment. This should be done by the Bureau of Employment co-operating with the Bureau of Statistics. No change is recommended in the organization of the Bureau of Statis- tics and Information. It is recommended, however, that the necessary funds be made available so that current reports on unemployment, wages and the cost of living be expanded and may be prepared and issued more expeditiously. There has been considerable CTiticism of the reports on the amount of employment because these appeared several weeks after the end of the month which they were supposed to cover and because they did not cover a sufiicient number of employees to indicate the extent or trend of unemployment during the war. Closer co-operation between the Bureau of Statistics and the Bureau of Employment and the placing of statistical field agents in the local offices of the latter Bureau will produce informa- tion which will greatly increase the value of the present bulletins. The recommendations made in the report of the American Association for Labor Legislation in 1917 on Labor Law Administration in New York, Department of Labor 123 apply substantially to the conditions regarding the Bureau of Inspection as they exist to-day. There recommendations have not yet been carried into effect. It is also recommended that the present Bureau of Women in Industry be made a part of the Industrial Staff. There is no reason for a separate Bureau of Women in Industry. The bureau organization is on the basis of major functions. Problems affecting women are dealt with by every bureau. Insofar as special planning is required for the pro- tection of women in industries this should be a duty of the Industrial Staff. Recommendations of this Staff regarding the employment of women should be made to the Director and the Commission, and should be the basis of code provisions and administration by the several bureau heads. The creation by law of new bureaus when the same purpose would be better served by the extension of existing functions brings about within a department loose organization, overlapping of functions and improper supervision and responsibility. The creation of such new bureaus is generally due to private citizens or agencies who have a laudable desire to extend the functions of a department and who think that the best way to make the extension and to obtain the desired emphasis is to create a new unit. As a matter of fact, this kind of action is bound to result, in the long run, in defeating the desired ends, since the simplest possible organization produces the best results. The Bureau of Mediation and Arbitration has not dealt effectively with the problem of mediation and arbitration. Experience everywhere shows that it is impossible to get the proper results by the use of professional paid arbitrators. These positions call for a fresh point of view and a rare combination of industrial knowledge, forceful personality and tact. They can be filled only by calling occasionally upon persons in public life not regularly connected with the department. The Bureau has taken comparatively little part in recent large industrial disputes. The ma- jority of large employers, particularly those in New York city, are not aware of its existence. The same is true of the majority of trade unions. The Bureau is not even in sufficiently close touch with indus- trial disputes to have a register and current report on threatened strikes throughout the state. During the war, the agents of the United States Employment Service have issued such a report in connection with their reports on emplojTnent. It is recommended that there be a single head of this Bureau with head- quarters in JSTew York City and Albany wlio will be known as the Chief of the Bureau of Mediation and Arbitration. He will have a panel of prominent persons appointed by the Commission who have the respect of labor, employers and the general public and who will agree to 124 Eepoet of Recobtsteuction Commission mediate and arbitrate occasionally when called upon. This panel will consist of about twenty persons located in all parts of the State. In addi- tion the Bureau will have such assistants as are required to make investi- gations and gather statistics. The most important problem of organization in connection with the Bureau of Workmen's Compensation is that of devising a procedure by which the Chief of the Bureau and his immediate Deputies will dispose of the majority of cases, limiting reviews by and appeals to the Commission to intricate cases or cases calling for new interpretations of the law. At the present time there are entirely too many cases coming before the Commis- sion. A great deal of time of the Commission apparently is wasted in discussing at length the facts of cases which could be decided in a fair and satisfactory manner by Deputies. With the natural increase in the num- ber of compensation oases and the recent change in the law, practically eliminating direct settlements and bringing all cases initially before the Department, the Commission is going to fall farther and farther behind in its work until delays and postponements, similar to those in some of our courts are an accepted defect in the judicial procedure. A careful codification of the decisions of the Workmen's Compensation Bureau which should be prepared by the head of the Bureau of Work- men's Compensation will do much to expedite decisions. At the present time the Commission does not follow up the compensation cases sufficiently. It is probable that a considerable saving could be effected, as well as better service rendered, if use were made of a medical social service staff in order to follow up cases, determine the family status of the injured person, the amount of relief necessary, the possibilities of re-education and the re-employment of injured persons, and problems of proper institutional care. This is in line with present hospital and dispensary service. A recent preliminary report of the More- land investigator on direct settlement cases indicates the need for some after-care work of this kind. The State Insurance Fund will be placed in a bureau separate from the Bureau of Workmen's Compensation. It is now nominally under the Bureau of Workmen's Compensation. A recent report of the Moreland investigator indicates that this fund should be entirely reorganized under a competent manager and under careful supervision of the Director of Labor. The Moreland investigator recommends an audit of the fund by a competent actuarial accountant. It would seem that this work could be done regularly by the State Insur- ance Department. The report of the Jloreland investigator indicates Depaetment of Laboe 125 clearly tlie defects in the present organization of the entire Commission. Apparently the Commissioner to whom the manager of the fund reported was not in close touch with the management of the fund. 2for of course were the other members of the Commission who were occupied with the affairs of other Bureaus and with the judicial and legislative work of the Commission. At the same time, the Manager of the Fund apparently cannot be held responsible because he obtained the consent of the Commis- sioner to whom he reported or the entire Commission whenever such con- sent was necessary. It seems probable that the Commission gave its con- sent without careful consideration of the real significance of the points under discussion. Under such a system of board government administra- tive eflBciency is impossible and when anything goes wrong no one can be held responsible. Bills were introduced in the last session of the Legislature providing for a Minimum Wage Commission as a new and independent department. Like the supervision of public health insurance this is properly a function of the Labor Department, closely related to other functions of this depart- ment, and if approved by the Governor and Legislature should be admin- istered in a Bureau of Minimum Wage in the Labor Department. Every argument against the creation of a new department arbitrarily separated from existing closely related activities which has been used against the Department of ^Narcotic Drug Control applies with even greater force against the creation of a new Minimum Wage Commission. It is useless to attempt to simplify the present chaos of separate state departments and agencies if new and unnecessary departments are to continue to be created. Summary of Kecommendations. 1. Place at the head of the Department of Labor an Industrial Commission consisting for the present of five and ultimately of three members appointed by the Governor with the advice and consent of the Senate for terms of five years. 2. The Industrial Commission will appoint a Director of Labor who shall be the administrative head of the Department and serve during good behavior. 3. The Commission will also appoint a Secretary, who will pre- pare the calendar for the Commission, do the general administrative and secretarial work of the Commission and serve as Secretary to the Industrial Council. 4. The present counsel and his assistants will be transferred to the Attorney-General's ofiice if the Attorney-General is made appointive. 5. The Industrial Council will be reorganized under a Chairman who by specific provision may not be a member of the Commission 126 Kepoet of Eeconstkuction Commission and will establish in the important industries of the State representa- tive sub-eouneils of employers and employees for the discussion and action upon common problems of industry and for consultation by the Commission and the Industrial Council. The ten members of the Council will be appointed by the Governor for terms of five years, two terms ending each year. The Chairman will continue to be chosen by vote of the members of the Council and will hold office at the pleasure of the Council. 6. The Department will be organized with a staff and seven bureaus, as follows: Industrial Staff, Bureau of Administration, Bureau of Employment, Bureau of Statistics and Information, Bureau of Inspection, Bureau of Mediation and Arbitration, Bureau of Workmen's Compensation, Bureau of the State Insurance Fund. The head of the Bureau of Administration will be the Secre- tary of the Department. The head of the Industrial Staff will be the Chief of the Industrial Staff. The head of the Bureau of EmplojTnent will be the Chief of the Bureau of Employment. The head of the Bureau of Statistics will be the Chief Statistician. The head of the Bureau of Inspection will be the Chief of the Bureau of Inspection. The head of the Bureau of IMediation and Arbitration will be the Chief of the Bureau of Mediation and Arbitration. The head of the Bureau of Workmen's Compensation will be the Chief of the Bureau of Workmen's Compensation. His depii- ties will be known as Deputy Commissioners of Compensation. The head of the Bureau of the State Insurance Eund will be the manager of the State Insurance Fund. The heads of all of these bureaus will be in the competitive class under civil service, excepting the Secretary. 7. The present Bureau of Industries and Immigration will be abolished. The duties of the Commission with reference to the edu- cation of aliens, at present placed in the Bureau of Industries and Immigration, will be transferred to the Department of Education. Depaktment of Laboe 127 8. The present Division of Industrial Hygiene in the Bureau of Inspection will be combined with the Bureau of Industrial Code and the Bureau of Women in Industry in a single Industrial Staff. 9. In connection with the development of the Bureau of Employ- ment, a bill will be passed providing that all private employment agencies in the State shall be licensed and shall pay a fee of $250. The Industrial Commission will license everywhere in first and second class cities. Half the fees of such cities and all of the fees elsewhere will go to the State Industrial Commission for the support of the Bureau of Employment. The Bureau of Employment will develop a program including the following STibjects: (1) The organization of the labor market to bring about extensive dovetailing of winter and summer trades and to stimulate the use of subsidiary trades. (2) Directing labor to new occupations when changes of industrial structure result in displacement from chosen occu- pations. (3) Reserving certain places in industry for older men and women and leaving the younger generation the task of finding and forcing fresh openings for themselves. (4) Concentrating attention upon the need for industrial training, including "vestibule" or preliminary training, where such training does not lead to "blind alley" employment, train- ing in plants to increase efficiency while gainfully employed, and training in trade and business schools. This should be done with the state and local departments of education and with private educational institutions. (.5) Directing boys and girls away from "blind alley" em- ployment. (6) Testing periodically and comprehensively the amount of unemployment. This should be done by the Bureau of Employment in co-operation with the Bureau of Statistics and Information. (7) In cases of seasonal employment or depression, urging employers to shorten hours rather than discharge employees. 10. The Bureau of Statistics and Information will co-operate with the Bureau of Employment in the issuance of employment statistics covering the largest possible number of employees and in the prepara- tion of statistics on wages and the cost of living. The funds of the Bureau of Statistics for this and other purposes will be increased and statistical field agents will be provided. 128 K'ePOET of EECOIfSTEUCTIOIf COMMISSION 11. Th« Bureau of Mediation and Arbitration will take a larger part in settling industrial disputes. It will be organized under a Chief who will have a panel of twenty representative citizens who will act as mediators and arbitrators when called upon, and such assistants as are required to make investigations and gather statistics. 12. The work of the Bureau of Workmen's Compensation will be so arranged as to limit drastically the number of reviews by and appeals to the Commission. A careful codification will be made of the decisions of this Bureau. A medical social service staff will be created in this Bureau to follow up cases. 13. The State Insurance Fund will be placed in a Bureau separate from the Bureau of Workmen's Compensation and immediately under the Director. An annual audit of the fund will be made by the Superintendent of State Insurance. 14. If minimum wage or health insurance legislation is passed, the administration will be provided for in new bureaus under the Director of Labor, and not in independent new departments. 15. The above recommendations will require only statutory changes. Proposed Organization of Labor Department LABOR DEPARTMENT Industrial Council members (10) and Chairman ladustrial Commiasion Industrial Staff BUREAU OF EMPLOYMENT CUef BUREAU or STATISTICS AND IN- FORMATION Chief StatiBtioian BUREAU OF INSPECTION Chief BUREAU OF MEDIATION AND ARBI- BITRATION Chief and Panel of 20 BUREAU OF WORKMEN'S COM- PENSATION Chief BUREAU OF ADMINIS- TRATION Secretary BUREAU OF STATE INSURANCE FUND Manager The Depaetment of Education ]-2D CHAPTER 10.— THE DEPARTMENT OF EDUCATION Present Organization The State Department of Education is ckarged with the general man- agement and supervision of the public schools and all other educational work of the State. Its jurisdiction extends to the district, village and city schools, to normal schools, teachers' training schools, colleges and univer- sities, to professional and technical schools, libraries, museums, study clubs, historical societies and other institutions of an educational character. It supervises the licensing to practice the professions of medicine, public accounting, dentistry, pharmacy, optometry, chemistry, and veterinary medicine, and also supervises the certification of shorthand reporters and the training of nurses. As the University of the State of New York, it may incorporate any university, college, academy, library, museum or other institution or association for the promotion of knowledge. The department inspects educational institutions, licenses teachers, establishes uniform standards for public schools, maintains the State Library, the State Museum, the State Library School, and apportions to the schools according to statute, the appropriation annually made by the Legislature. The Board of Regents of the University of the State of ]S"ew York are elected by joint ballot of the Legislature, one regent being elected each year for a term of twelve years. There is one regent from each judicial district and three at large, making a board of twelve members. The Board of Regents was created in 1784 with the same rights as the Board of Governors of Kings College in the province of New York appointed by King George II. in 1754. In 1894, the following was incorporated in the New York State constitution: " The corporation created in the year 1784 under the name of the Regents of the University of New York State is hereby continued under the name of the University of the State of New York. It shall be governed and its corporate powers which may be increased, modi- fied or diminished by the Legislature, shall be exercised by not less than nine regents." The Constitution thus provides for a board of not less than nine regents, but it does not specify how they are to be appointed. The Legislature has up to the present time left intact the original powers as they were set forth in 1754, with few changes. The Board of Regents administers and supervises the entire educational system of the State, with certain quasi-judicial and legislative rights in the making of rules and policies. 5 130 Ebpokt of Eeconstkuction Commission The Board of Eegents appoints the Commissioner of Education, who is also the President of the University of the State of New York. He serves during their pleasure. He exercises joint legislative and super- visory powers over the state educational system; he approves the appointment of officers and employees of the department; he supervises the licensing and practising of the professions, except law; he grants charters; he confers degrees; he determines educational standards; and he registers foreign institutions to facilitate the transfer of students. The Commissioner of Education is the chief executive officer of the University of the State of New York and of the Stat© Education Depart- ment. He executes the laws of the State with reference to education and also the rules and regulations of the Board of Eegents. He hears and determines appeal cases and supewises all school activities. Under the Commissioner of Education are grouped the following assist- ants and divisions: Deputy Commissioner, who is also Assistant Commissioner for Ele- mentary Education. Assistant Commissioner for Secondary Education. Assistant Commissioner for Higher Education. State Library. Division of Archives and History. Administration Division. Law Division. Examinations and Inspections Division. State Museum. Division of School Buildings and Grounds. Attendance Division. Division of Agriculture and Industrial Education. School Libraries Division. Visual Instruction Division. The Deputy Commissioner who is also the Assistant Commissioner for Elementary Education, serves ais head of the department in the absence of the Commissioner. He has supervision of elementary education, district schools, normal schools (except the State College for Teachers), agricul- tural schools, Indian schools, district school superintendents, city and vil- lage superintendents, the medical inspection of schools and physical train- ing; he also looks after all educational legislajtion and acts in an advisory capacity to all school authorities throughout the State. By an act of the Legislature of 1919 the State School for the Blind at Batavia which here- tofore has been under the State Board of Charities is placed under the Department of Education and now is also under his jurisdiction. The Department of Education 131 The Assistant Commissioner for Secondary Education has charge of secondary education including general supervision of state scholarships and the training of teachers for high schools in the State College for Teachers. The Assistant Commissioner for Higher Education supervises all higher and professional education, and is responsible for the issuing of credentials for entrance to the professions. He supervises all the exam- inations for licensing to the professions, except law. Under him are the following board of examiners: Dental examiners, medical board, phar- macy board, nurses' examiners, certified public accountants, certified shorthand reporters, chiropodists, registered architects, veterinarians and optometry. The Director of the State Library is responsible for the State Library containing 400,000 volumes consisting of medical, law, blind, reference, manuscript and legislative libraries. These are free for reference use, for lending to state employees and to all schools and libraries in the State. The Educational Extension Division under the Library Director super- vises public libraries, rents traveling libraries, and aids and encourages study clubs and special studies. The State Library School which trains librarians and confers the degrees of Bachelor and Master of Literary Science, is also under the Director of the Library. The Division of Archives and History prepares for publication all ofii- cial information relative to the history of the colony and State of New York. It examines the records and documents in the small public ofiices of counties, cities, towns and villages of this State, and recommends their proper care and preservation. The Administration Division has charge of finance, printing, sta- tistics, care and maintenance of the education building, and exercises administrative supervision over the department staff. It handles all civil service questions and purchases department supplies and equipment. Under it are the Finance Section, which audits the department bills and bills of the normal, agricultural and Indian schools, and the salaries and traveling expenses of 207 district superintendents ; the Statistics Section, which collects annual reports from schools, colleges and institutions in the university and apportions public money to state schools; the Engineer- ing Section, which cares for the Education Building and grounds; and the Printing Section, which has charge of the department printing. The Law Division, at the head of which is a Counsel, gives legal advice to the Regents of the University, to the Commissioner of Education and to the various department divisions. It prepares appeals for submission to the Commissioner, gives advice on education bills, conducts correspond- 132 Kepobt of liEcoNSTRUCTioN Commission ence on legal questions arising under the education law, and advises school officers on procedure. The chief of the Examinations and Inspections Division prepares and conducts academic, professional, teachers, and Cornell scholarship exam- inations. He keeps records, issues credentials and conducts all related correspondence. He inspects all educational institutions in the State and makes special school surveys. He serves as a member of the staff on syllabus and question committees. In this Division there are tv70 sections — the Inspections Section and the Examinations Section. The Inspec- tions Section inspects all schools connected vs^ith the university for the purpose of advising principals and teachers as to the best methods of instruction, and determines vi^hether they are complying with the school law and department regulations. It serves on the board which formulates examination question papers and has general supervision of the rating of these papers. The Examinations Section formulates the questions and conducts regents' examinations, teachers' examinations and the examina- tions for state scholarships in Cornell University. It also keeps the records of credentials issued as a result of such examinations, and deter- mines the eligibility of candidates to receive university scholarships. The State Museum is the depository of the State's scientific collections. It does special research work in geneology, paleontology, botany, ento- mology, mineralogy, zoology, archeology. There is a Director in charge. The Division of School Buildings and Grounds approves plans and specifications for new school buildings and additions to old buildings. The Attendance Division enforces the compulsory education law and .supervises the school census bureaus. The Division of Agricultural and Industrial Education has charge of the agricultural and vocational schools, and approves their courses of study and general management. It also supervises the distribution of the allotted Smith-Hughes federal funds. ■ The School Libraries Division makes lantern slides and pictures and circulates them among the schools, libraries and registered organizations of the State. There are also a number of state educational activities which have at present little or no connection with the Department of Education. They are : The ISTew York State JTautical School, the State School for Ceramics and Clay Working at Alfred University, the State College of Forestry at Syracuse, the State Veterinary College of New York University, the State College of Agriculture and Veterinary College at Cornell, the Board of Geographic Names, the Commission for the Blind, Thomas Indian School, Instruction in the State Institutions for the The Dbpartmejnt of Education 133 Delinquent and Dependent, Board of Law Examiners, Board of Embalm- ing Examiners and the Advisory Board for the ,Promotion of Agriculture, Legislative Library and the various Supreme Court Libraries. Proposed Organization The Board of Regents will continue at the head of the Department of Education and the University of the State of New York. There will be twelve regents, as at present, one from each judicial district and three at large, elected by the Legislature one each year for a term of twelve years. The powers, duties, privileges and immunities of the present Board of Regents will continue in this new board, except that there will be added thereto further duties, including the supervision of the blind, deaf-mutes, the Indians and the illiterates of the State. The Board of Regents will appoint a Commissioner of Education, who will be the chief executive of the University of the State of 'New York. It will be noted that the recommendation for retaining a large Board of Regents elected by the Legislature as the head of the Education Depart- ent is an exception to the principles laid down at the beginning of this report. These principles would provide that the educational system of the State, in order to be responsible and responsive to the people, should be under the direction and supervision of one man appointed by and sub- ject to removal by the Governor. This is the ultimate organization toward which the State should aim. However, we have had to take into consideration the fact that there is throughout the State a very strong conviction that the present administration of the department by the Board of Regents is successful and that a high type of citizen has been elected to membership in the Board. There is also a strong feeling on the part of a large percentage of the people of the State that district representation in the administration of the Department of Education is absolutely neces- sary. An attempt to change the Constitution or manner of election of the Board at this time, would jeopardize the program for reorganization of the Department and of local education. The proposed organization provides for seven bureaus under the Com- missioner of Education: Bureau of Administration, Bureau of Elementary and Secondary Education, Bureau of Agricultural and Vocational Education, Bureau of Higher Education, Bureau of Extension, Bureau of Special Education, Bureau of Reference and Research. 134 Eepoet of Recoa'steuotion Commission At the head of the Bureau of Administration will be the Secretary of the Department. This Bureau will have to do with the management of the departmental personnel, the operation and maintenance of the State Education Building, and all other purely business functions of the Department, and will contain the following divisions : Office of the Chief Clerk, Division of Engineering, Division of Grounds and Buildings, Division of Printing. The Chief Clerk will compile information, collect annual reports from schools, colleges and institutions in the University and apportion accord- ing to law public money to institutions in the University and to state schools; the Engineering Division will care for the Education Building; the Division of Grounds and Buildings will approve plans and specifi- cations for new school buildings and additions to old buildings; the Division of Printing will supervise the printing of the Department. There will be a Bureau of Elementary and Secondary Education, at the head of which will be the Director of Elementary and Secondary Education who will also be designated as Deputy Commissioner of Edu- cation and as such will act as Commissioner during the absence of the Commissioner. It will be the function of this Bureau to supervise the work of the elementary and secondary schools of the State. The Bureau will be divided into : Division of Elementary Education, Division of Secondary Education, Division of Examinations and Inspections, Division of Teachers' Training, Division of Registration and Employment, Division of Physical Training and Recreation, Division of Attendance, The supervision of elementary and secondary education is placed in one Bureau in order that these two closely related phases of the educational system may be closely co-ordinated. The Division of Examination and Inspections will inspect all the elementary and secondary schools of the State. According to Section 621 of the Education Law every child between seven and fourteen years of age and every child between fourteen and sixteen not in a useful employment, residing in a city or school district having a population of five thousand or more must " attend school." Every child residing else- where between eight and fourteen years of age and every child between fourteen and sixteen not usefully employed shall " attend school." Ac- The Depaetment of Education" 135 cording to Section 620^ of the Education Law the instruction required is (1) that of a public school in which at least the six common school branches of writing, spelling, arithmetic, reading, English language and geography are taught in English; (2) elsewhere than a public school the instruction required covers the same subjects to be taught in English Ij a competent teacher. If the State Department of Education is to know whether the work in the private schools comes up to the standards of edu- cation and sanitation, these private schools must be inspected. Fifteen per cent, of the population of New York State attend school. In I'Tew York city there are 810,000 children in the public schools, including the high schools. It is estimated that there are 200,000 children in parochial schools in New York city and approximately 100,000 in private schools. This means that over one-third of the children in New York city are being taught in schools where the standards of work may or may not comply with the standards of the State Department of Education and the laws of the State. It is a matter of general knowledge that the standards of many of these schools do not come up to the standards of the State Department of Education. It is therefore recommended, that the inspection of all elementary and secondai-y schools be undertaken by this Division of the Bureau of Elementary and Secondary Education, and that legislation be enacted which will definitely locate the responsibility in the local Superintendents and the Department for seeing that proper standards are maintained. Provision should be made so that the Super- intendents may know what is going on in their districts and be able to secure reports of attendance. The Division of Teachers' Training will supervise normal schools and other training classes. An investigation will be made of these schools. There is a general impression that the teaching standards are low — due to the fact that instructors have too little leisure for research, and to the further fact that salaries paid are too low to attract the proper type of teachers. There are at present in New York State ten normal schools and one teachers' college. The per capita cost is naturally much higher in schools with a small number of pupils. An investigation will undoubtedly disclose that there should be fewer training schools with larger appropria- tions for equipment and higher salaries for teachers. The normal schools will be located as centrally as possible. In order to take care of the pupils coming to the normal schools from the more outlying districts. New Mexico and Ehode Island pay the rail- road fare of the pupils to the school. This expedient is worth considering. 136 Ebpoet of Reconstedction Commission The Division of Registration and Employment will assist the divisions of the other bureaus in finding suitable teachers and employees, and will assist the teachers and employees of the bureau in finding employ- ment during the summer months so long as low salaries drive teachers to summer work; will investigate accommodations for teachers in rural communities and will give information to teachers about schools and other questions, including information regarding pensions and the retirement fund. The Legislature of 1916 enacted a physical training law requiring that all children in attendance in elementary and secondary schools above the age of eight years shall receive as a part of the prescribed course of in- struction, such physical training as the Regents of the University shall require. Under the Military Training Law enacted by the same Legislature the Military Training Commission is established which is given advisory powers in connection with the physical training in the schools. The full responsibility for the enforcement of the Physical Training Law, how- ever, is vested in the Board of Regents. The Military Training Com- mission is required to recommend to the Board of Regents the establish- ment in the elementary and secondary schools of " habits, customs and methods best adapted to develop correct physical posture and bearing, mental and physical alertness, self-control, disciplined initiative, sense of duty and the spirit of co-operation under leadership." The provisions of this law show that the aims of both physical and military training are essentially the same. All of the charactei'istics aimed at by the Military Training Commission may be developed by gymnastic drills, marching, gymnastic games, apparatus work and a very limited amount of military instruction, if any. It is, therefore, recommended that the Military Training Commission be abolished and that the functions of providing for the building up of the physique of school children and for recreation be vested exclusively in the Division of Physical Training and Recrea- tion in the Department of Education. More attention will be given by this division to the physical and recreational training of girls. It will be noted that no provision is made here for medical inspection of school children. It is recommended that the supervision of medical inspection of school children be transferred to the Health Department. In 1913 the Legislature enacted a medical inspection law which applies to each school district of the State except cities of the first class. Under the terms of this act the power to superintend and direct the medical inspection in public schools is in the school authorities. The health The Department of Education 137 authorities no longer possess jurisdiction in relation to this subject. The law is mandatory, and makes it the duty of Boards of Education and trustees to appoint and supervise necessary medical inspectors and •nurses. There has been much discussion by medical men and educators as to whether the responsibility for the control of medical inspection should be under the Department of Health or under the Department of Education. It has been found in practice that although the success of medical work in schools depends upon the relationship of the teacher with the child and its home, the placing of medical inspection in another department does not stand in the way of proper correlation between the home, the medical inspector and the classroom teacher. In New York City, for example, medical inspection in schools by the Health Department has proved entirely satisfactory. In order to administer properly a health program of the State there must necessarily be no break in the control of health functions by the state and local health departments. Such a break now exists because the health of school children is supervised by the educational authorities. The transfer of this health function to the health authorities will greatly aid in the movement to give full time work at proper salaries to local health officers. We are convinced that there will be no decrease in efficiency in the schools and many advantages to health administration in this transfer. The present Division of Attendance will be transferred to this Bureau with its present functions and personnel. At the head of the Bureau of Agricultural and Vocational Education will be a Director of Agricultural and Vocational Education. Educational authorities are rapidly coming to the conclusion that one of the most important educational functions is that of providing for vocational instruction of the school child. In 1917, the federal government passed the so-called Smith-Hughes Act, which provides for the promotion of vocational education, for co-operation with the states in promoting such education in agriculture and the trades and industries, and for the prep- aration of teachers of vocational subjects. It appropriates money and regulates expenditures. This Act provides that there shall be a state board consisting of not less than three members, which shall have the power necessary to co-operate with the Federal Board for Vocational Education in carrying out the provisions of this act. It is suggested that the board consist of the Director of the Bureau of Agricultural and Vo- cational Education, the Director of Elementary and Secondary Educa- tion and the Commissioner of Education. 138 Kepoet of Reconstruction Commission The general supervision of the educational facilities and appropriations for the agricultural schools of the State has recently been taken away from the Department of Agriculture and given to the Commissioner of Education, but there is still lack of proper direction by the State. The Bureau will have supervision over the Delhi, Schoharie, Morris- ville, Farmingdale, St. Lawrence and Alfred Schools of Agriculture. At Delhi, a board of trustees has the care and control of the school. One member of the board is the Commissioner of Agriculture and is the Director of the Agricultural College at Cornell. Reports of this school are made annually to the Commissioner of Agriculture. At Schoharie (Cobleskill^, the trustees have the care and control of the school. The Commissioner of Education and the Commissioner of Agriculture are ex-officio members of the board of trustees. Reports of the school are made annually to the Commissioner of Agriculture. At Morrisville, the trustees have the care and control of the school, with the Commissioner of Agriculture and the Director of the Cornell Agricultural School as ex-officio members of the board. Reports are sent annually to the Commissioner of Agriculture. At Farmingdale, Long Island, a board of nine trustees has the care and control of the school. Vouchers are approved by the Commissioner of Agriculture. No mention is made of reports. It is to be noted that Schoharie is the only school which has the Com- missioner of Education as a member of its board of trustees. In all cases where reports are to be made, there is specific mention that they be' sent to the Commissioner of Agricultura At St Lawrence, the trustees of the University now have the care and control of the Agricultural School, and the appropriations are approved by the Commissioner of Agriculture. At the Alfred School of Agri- culture the University has the care and control. The Board of Trustees of the University annually appoints a board of managers, including, as ex-officio members, the Commissioner of Agriculture and the Director of the Cornell Agricultural College. It is recommended that all state agricultural and vocational schools be placed in the Bureau of Agricultural and Vocational Education and that reports from these schools be sent to the head of this Bureau. The present administrative powers of the local boards will be taken over by the head of this Bureau, but each school will have a local board of managers for the promotion of agriculture, consisting of seven mem- bers appointed by the Commissioner of Education, one member to be appointed each year for a term of seven years. These boards will have general advisory powers nnd powers of inspection. Thfy will make an annual report to the head of the Bureau. The Depaetment of Education 139 There is at present an Advisory Board for the Promotion of Agri- culture created in 1911, for the purpose of considering plans for the promotion and direction of agricultural education, and the advancement of interest in country life. The Board consists of twelve ,members, three of whom are appointed by the Governor, the others being as follows: The Commissioner of Education, the Commissioner of Agriculture, the Director of the New York State College of Agriculture, the Director of the New York Agricultural Experiment Station, the Director of the New York State Veterinary College, the Director or Dean of the State Schools of Agriculture at Alfred University, St. Lawrence University and Morrisville, and a member of the State Fair Commission to be designated by the Commission. The Board annually reports its recom- mendations to the Governor. It serves without compensation. As the purpose of this Board is primarily educational, it is recommended that it act in an advisory capacity to the Bureau of Agricultural and Voca- tional Education. It is recommended elsewhere that the duties of the State Fair Commission be taken over by the Department of Agriculture and Markets. The member of this board representing the State Fair Commission will, therefore, be automatically dropped and the Board will be limited to eleven members. This Bureau will also supervise the expenditure of state funds by the State Veterinary College and College of Agriculture at Cornell and the Agricultural Experiment Station at Geneva. Reports from these institutions will go to the Commissioner of Education. It is recommended that the State College of Forestry at Syracuse University be taken under the supervision of this Bureau. It seems obvious that any institution receiving state aid should come under State supervision. For the same reason it is recommended that this Bureau take over the supervision of the State Veterinary College at New York University. Also, for the same reason, it is recommended that this Bureau super- vise the State School for Ceramics and Clay Working at Alfred Uni- versity. The New York State Nautical School is a vocational school to which appropriations are made by the State, but which is not responsible to any department. In 1911 a federal law was passed (H. R 24145) authorizing the Secretary of the Navy to provide a suitable vessel with all her apparel, charts, books and instruments of navigation to be used at the port of New York to promote nautical education. This law provided that a 140 Eepoet of Eegonsteuction Commission sum not exceeding $25,000 for any one school should be given to any state or municipality raising an equal sum for such a nautical school; and further authorizing the President of the United States to detail proper officers of the navy as superintendents or instructors in such schools. In 1913, the Board of Education of the City of New York, which had accepted the federal offer, decided to abolish the nautical school, but various persons in the State of New York interested in its continuation had a law enacted providing for the maintenance of this school by the State. The New York State Nautical School gives instruction to boys between the ages of 16 and 20 in the science and practice of navigation, seaman- ship, steam and electrical engineering. Cfertain elementary educational qualifications are demanded, enabling a boy who had graduated from an leementary school with a little extra study, to enter the school. When the school was taken over by the State, the Department of Education was requested to give advice on the cuiTiculum. The school is administered by a board of governors consisting of : Commissioner of Education (ex-officio). Member of the New York Chamber of Commerce, Member of the Maritime State Association of the Port of New York, Member of the Marine Society, Member of the New York Board of Trade and Transportation, Alumnus of the New York Nautical School, Member of the Buffalo Chamber of Commerce, Member of the Albany Chamber of Commerce, New York Member of the National Board of Steam Navigation. The members of this board, exclusive of the Commissioner of Educa- tion, are appointed by the Governor for a term of three years and serve without compensation. There was no supervision of this school, either by the State Department or by the federal government, until the war broke out, and the Nautical School was brought under the jurisdiction of the United States Naval Reserve Force. The only other similar school in the country is in Massachusetts. The per capita cost per pupil in the Massachusetts school has been very much less than in the New York school. In view of the fact that the federal government is nt the present time endeavoring to establish a merchant marine, it is recommended that the New York State Nautical School be turned over to the federal govern- ment as a basis for a large school not restricted to New York residents, to The Depaktaient of Education 141 teach the science and practice of navigation, seamanship, steam and elec- trical engineering. In case it is found impossible to turn this school over to the federal government, it is recommended that it be placed under the State Depart- ment of Education, in the Bureau of Agricultral and Vocational Edu- cation with a reduced appropriation. There will be a Bureau of Higher Education, at the head of which will be the Director of Higher Education. This bureau will supervise higher and professional education and take charge of the registration and certifi- cation of the workers in all the licensed professions. The following pro- fessions are included: Certified public accountants. Certified shorthand reporters, Registered architects. Optometrists, Chiropodists, Veterinarians, Dentists, Pharmacists, Doctors, j^urses, Embalmers, Attorneys. All of these professions are already under the supei'i'ision of the Depart- ment of Education excepting law and embalming. There is at present a Board of Embalming Examiners and one of I,aw Examiners with no connection with the Department of Education. It is recommended for obvious reasons that these two boards be included under the Bureau of Higher Education. In order that this Bureau of the Department of Education may be fully informed on the various pro- fessions, the present professional examining boards will be retained as advisory boards. At the head of the Bureau of Extension will be the Director of Extension. This Bureau will have three Divisions: Division of State Library. Division of Museum. Division of Americanization and Extension. The present School Libraries Division, Visual Instruction Division, and Division of Archives and History, will be placed in the Division of State Library, and also the Board of Geographic Names, of which the Commissioner of Education is ex-officio Chairman, the Legislative Library 142 Kbpoet of Reconsteuction Commission which is now separate from the Legislative Reference Library and directly under the Legislature, and all of the Supreme Court libraries, which are now under the judges or under boards appointed by the Governor. The present boards will be retained in an advisory capacity but the administra- tion of the libraries will be a function of the Department of Education. The Division of Museum will have charge of the State Museum. The Division of Americanization and Extension will conduct continuation schools, and co-operate with the Division of Attendance in enforcing the law forbidding the employment of illiterate minors under eighteen years of age. The educational activities of the Bureau of Indus- try and Immigration of the Labor Department will be transferred to this division, which will conduct correspondence classes aud courses of instruc- tion in vocational and other subjects in the various parts of the State. The aim, of course, will be to furnish instruction to those who do not have other school facilities. There will be a Bureau of Special Education, at the head of which will be the Director of Special Education. It will be the function of this Bureau to supervise the activities of the following divisions: Division of the Blind, Division of Indian Affairs, Division of Deaf Mutes, Division of State Charges. There are, it is estimated, about 8,400 persons listed as blind in the State of New York. There is no consistent policy on the part of the State government with reference to the registration, education, training, employ- ment and general care of the blind and as to the prevention of blindness. In the absence of a recognized definition of blindness it is impossible either to estimate the total number accurately or to establish a uniform state policy as to the eligibility for special blind cure. The various state functions with reference to the care of the blind are administered by the Commission for the Blind, the Fiscal Supervisor of State Charities, the State Board of Charities and the Department of Edu- cation. This state administration is supplemented by local regulation and care in New York City. The Commission for the Blind is responsible for : The maintenance of a complete registration of the blind in the State ; The maintenance of one or more bureaus of information and indus- trial aid ; The arrangement for the examination of the eyes of individual blind, and payment for medical and surgical treatment whenever necessary; and The Depaetment of Education 143 The making of further inquiries concerning the cause of blindness. The Commission may also: Establish one or more schools of industrial training and workshops for the employment of blind persons, pay employes suitable wages and devise means for sale and distribution of products thereof, Pay the tuition, temporary lodging, and support of pupils and workmen received at such schools or workshop, and Visit and teach the blind in their own homes. The function of the Fiscal Supervisor is to supervise and be responsible for the fiscal administration of the State School for the Blind at Batavia. The functions of the State Board of Charities are : To visit and inspect private institutions to see that they are suitable for state pupils. To visit and be responsible for the administration generally of the School for the Blind at Batavia. It is the duty of the Commissioner of Education: To inquire into the organization of the several schools and the methods of instruction employed therein; To prescribe courses of study and methods of instruction that will meet the requirements of the State for the education of state pupils ; To make appointments of pupils to the several schools ; to transfer such pupils from one school to another as circumstances may require ; to cancel appointments for sufficient reason ; To ascertain, by a comparison with other similar institutions, whether any improvements in instruction and discipline can be made ; To make an annual report to the Legislature. A law has recently been enacted which provides that the functions of the State Board of Charities with reference to the care of the blind at Batavia shall be transferred to the Commissioner of Education, but that the State Board of Charities shall retain its right of visitation and inspection. Of the estimated 8,400 blind persons in the State, there are officially known through the Commission for the Blind only 364 blind persons dis- tributed in 43 counties. In addition, there are known through the state budget 298 blind children. Of these, 188 are in the State School for the Blind at Batavia, 100 in the 'New York Institute for the Education of the Blind and 10 in the Institution kept by the International Sunshine Society in Summit, New Jersey. The cases on file in the largest organization for the blind in the State, the New York Association for the Blind, commonly known as the " Light- house," are in part at least duplicates of cases on the files of other private institutions and of the New York City Department of Public Charities. 144 Eepokt of Reconsteuction Commission In the absence of a proper register maintained by the State Commission for the Blind even the scope of the problem is unknown. It will be seen that the Commission for the Blind has only a small grasp on its problem throughout the State. The Commission has lapsed into the duties of a small association for the blind with a limited appro- priation, and it has endeavored to spread itself sufficiently thin to cover the rural communities untouched by present organizations for the blind. The Commission plans to have the various agencies for the blind in the State of New York report on the cases which they are covering, and their specialties in training and employment, in order that there may be no overlapping, and in order that there may be efficiency in the regis- tration, training, employment and care of the blind. This can come about only through the co-operation and co-ordination of ail state and private interests dealing with the blind. The most effective work that the Commission is able to do at present is in sight conservation at Sing Sing, where the eyes of every man in the prison are examined and given proper care. To take the place of this complicated administration and scattered responsibility on the part of the several state departments, it is proposed to create the Division for the Blind under the Bureau of Special Education. It will be responsible for the registration, education, training, employment and general care of the blind. The primary function of this division will be to deal with all problems concerning the normal blind. It will only incidentally be responsible for the cases of the abnormal blind, by insuring their proper placement in other agencies provided for their care. It is recommended that the duties of the present Commission for the Blind be transferred to this division ; that the State School for the Blind at Batavia be placed under its jurisdiction ; that the Fiscal Supei-visor and Board of Charities be relieved of all responsibilities with reference to the care of these persons ; and that the Legislature make the annual appropriations to the State and other institutions on the basis of estimates submitted by the Commissioner of Education. It is recommended that the Director of the Bureau of Special Education employ an expert in blind problems, at the head of the Division of the Blind. Associated with the Director there will be established an Advisory Board appointed by the Governor, consisting of three members who will serve without compensation. On© of the members of the board will have had training or experience in connection with the care of the blind and the other two will be reputable business or professional men with broad execu- tive experience. The Commissioner of Education will appoint the head of the Division of the Blind, with the advice and consent of this Advisory Board. The Depaetment of Education 145 The Oomniissioners of the Land Office who under the Constitution have the care and superintendence of all state lands, the superintendence of which is not vested in some other officer or board, have charge of the general man^ement of Indian affairs. The seven members are: Secretary of State, Lieutenant-Grovernor, Speaker of Assembly, Comptroller, Treasurer, Attorney-Ceneral, State Engineer and Surveyor. Their duties include: The care and superintendence of all state lands, the control of which is not vested in some ojther officer or board ; The leasing of land for a term not exceeding one year and until disposed of by law ; The administering of aU such state lands as have improvements upon them, and which are not appropriated to any immediate use: The selling of certain lands at public auction for sums not less than specified by the Commission; With the approval of the 'Governor, the hearing and determining of questions relating to Indian moneys ; The hearing and determining of questions of disputes which may arise in the tribes and nations ; The making of treaties, contracts and arrangements; The receiving and holding in trust sums of money. The Governor appoints the Agent for the Onondaga Indians to receive and distribute the annuities and to protect the rights of the tribe. He also appoints the Agent for the Onondaga Indians on the Allegany and Cattaraugus, Tuscarora and Tonawanda Reservations. He also appoints an attorney with the duties of an agent, for the St. Regis Indians. These three agents are under the jurisdiction of the Commissioners of the Land Office. The Governor appoints an agent each for the Seneca and Tonawanda nations, but these agents are not under the jurisdiction of the Commis- sioners of the Land Office. The University of the State of New York has official custody of the wampums of the five nations, and has any power (given it by the Indians) which has ever at any time been exercised by any " Wampum Indian " of these nations.* The Commissioner of Education has charge of the education of Indian children and is authorized to establish schools on the reservations. The educational laws applying to the Indian children are very much like Laws 1919, Chap. 31. 146 R'epoet of Reconsteuotion Commission the general educational laws of the State. The Commissioner of Edu- cation also has charge of making a complete annual census of Indians living on the reservations.* The Commissioner of Education selects pupils from the several Indian tribes to be sent to the State Normal Schools. The State Treasurer, on the vrarrant of the Comptroller on bills approved by the Commissioner of Education, provides from the general funds for the support and education of these Indian pupils in the State Normal Schools. The Thomas Indian School at Iroquois, which is a school for orphan and destitute Indian children, is under the jurisdiction of the Depart- ment of Education, State Board of Charities, Fiscal Supervisor of State Charities and other agencies. Control of Indian affairs is thus divided among the Commissioners of the Land Office, the State Board of Charities, the Fiscal Supervisor, the Governor and the Department of Education, with consequent duplica- tion of work and lack of co-ordination. It is recommended that all such supervision and control be placed in the Division of Indian Affairs, and that the Division be given authority to provide the Indians in the State reservation with proper education. There is no state institution maintained specifically for the registra- tion, education, training, employment and general care of deaf mutes. There are, however, eight private institutions in which are accommodated 1,119 deiaf mjutes over twelve years of age. These are considered state pupils. The institutions received last year from the State $409,675. This amount was on the basis of a little less than the estab- lished rate of $400 per annum per pupil. The law provides, however, that the expense for children under twelve years should not exceed $325 per annum per pupil, f and should be borne by the counties. This would imply that the education of a deaf mute child does not begin, as far as the state is concerned, until the child has reached the age of twelve. There is no other source of revenue for these institutions excepting private endovsrments and an allowance of $30 per pupil per annum for clothing, payable by the county from which the pupil comes, in case the parent or guardian is unable to supply the clothing necessary. The problem of the deaf and dumb is supervised for the State by the Fiscal Supervisor, the State Board of Charities, the Department of Education and other agencies. The duties of these agencies are the same in this case as they are in the case of the blind. In order that there may be one central agency responsible for the * Education Law, § &53. t Education Law, § 979. The Departmebtt op Education 147 formulation and administration of a uniform policy with reference to the registration, education, training, employment and general care of all deaf-mutes; and in order that the estimates for appropriations may be reviewed by some one responsible agency before being passed by the Legislature, it is proposed that the Division of Deaf Mutes be estab- lished under the Bureau of Special Education. The Commissioner of Education, on the recommendation of the Director at the head of the Bureau, will appoint a person properly qualified to administer this problem. The State Charities Law* requires the State Board of Charities to " aid in securing the establishment and maintenance of such industrial, educational and moral training in institutions having the care of children as is best suited with the needs of the inmates." The teaching of the inmates in most of the institutions is voluntary on the part of each institu- tion. Where some form of education is given it is usually in co-operation with the Department of Education. Not only should children in institutions receive at least as good an education as children in public schools, but education should be given them according to their needs. If the institutions are to do their part, children should leave the institutions properly prepared to take up life in the outside world. Inmates of penal and correctional institutions should be discharged better citizens and individuals than when they entered the institution. It is proposed that in the educational work of State charges the Department of Education fix the standards, pass upon changes in policy and make inspections. The teachers in these institutions will be responsible to the head of the institution in which they teach. Such an arrangement will provide for proper co-operation between the insti- tutions and the Department of Education and establish proper standards and methods of instruction. The education of state charges would include provision for the fol- lowing : (As of the year 1916-17.) In reformatories for women 603 In institutions for feeble-minded women 855 In reformatory for girls under sixteen 331 In reformatories for men 1,084 In hospital for crippled and deformed children 113 In reformatories for boys under sixteen 1,430 In tuberculosis hospital 313 In institution for feeble minded and epileptic 3,970 In penal institutiona 4,718 » ri-h„r.+ar KS i\t +>ia f!nTisnlirla.+,fid Tiflwa. 8 ft. 148 Kepoet of Reconstruction Commission Many of these persons would perhaps not be amenable to educational work, but for the majority, particularly those under sixteen years of age, great effort should be made to provide essential facilities and cap- able teachers. There will be a Bureau of Eeference and Research at the head of which will be the Director of Eeference and Eesearch. It will be the function of this bureau to act as an investigating staff and clearing house of information for the department. It will be the testing and planning agency and will not only inaugurate and encourage educa- tional experimentation and research within the State, but will keep in touch with progress in the science of pedagogy. It will appraise the work being carried on in the State both from the educational and administrative standpoint. It will work out standards for scholastic achievements, administrative organization, reporting, specifications for school houses, etc. Wherever a bureau having similar functions has been established it has been found to be of great advantage to the Department, the Commissioner and Board. It is believed that those who are responsible for the adminis- tration of the Department of Education are so tied down by their duties that they have not time to spend in research and study. If the Commis- sioner and the Board are to be acquainted with the work of the depart- ment, such a Bureau will be of great assistance. It will be noted that no provision is made for a Division or Bureau of Law. A number of the general advisory functions not primarily legal in character performed by the present Counsel will be transferred to the Deputy Commissioner. The strictly legal functions will be trans- ferred to the Attorney General as recommended in Chapter 4 of Part II. The Problem of the Local Unit of Education A law of 1910 establi^ed 207 supervisory school districts outside of cities, each in charge of a district superintendent chosen by school directors of the district. These districts were formed as nearly as possible on the basis of an equal division of territory and school districts. The district superintendents examine all the schools, advise teachers in relation to their method of teaching, recommend courses of study and establish district boundaries. They may order repairs, alterations and furniture ; they also license teachers under the rules of the commissioners. They disburse the state money belonging to the district for teachers' salaries and for tuition and transportation of pupilg. They determine whether the assessments made upon property in tovyns are equitable. The DEPARTME.NfT OF Educatiox l-l'J The following are the types of school districts in the State: Union Free School Districts. A union free school district may be organized with the consent of the voters of the district; or a district superintendent may dissolve one or more common school districts on the written consent of the trustees of all the districts concerned and annex the territory to a Union free school district, when such districts adjoin and when the boundaries of such union free school district do not cor- respond to the boundaries of an incorporated village or a city. Such dis- tricts are governed by a board of education. City School Districts. Each city in which school district boundaries are coterminous with the city boundaries is declared by statute to be a city school district. In each city where the school district boundaries are not coterminous with the city boundaries, the school which contains the whole or greater portion of the inhabitants of the city is the city school district. The educational affairs of the city are placed under the control and management of a board of education. There are a number of methods of choosing the members of boards of education in the several cities of the State. New York City is divided into local school board districts under the provision of its charter. The members of the local board are appointed by the presidents of the boroughs, and in addition one member of the board of education is designated as a member of each district board. The superintendent of schools must assign one district superintendent to advise such boards. Towns of five thousand population. There are superintendents of schools for towns with a population of iive thousand and over who are responsible directly to their respective local boards of education. Common School Districts. All school districts in the State which are neither city nor union free school districts are common school districts. These include the schools of the towns and villages. In place of a board of education a common school district has a board of trustees and the follow- ing ofiicers: clerk, collector, librarian, and treasurer when so decided. The trustees are the executive officers and have general management of the affairs of the districts. They may purchase or lease schoolhouses or sites, employ teachers, establish rules and regulations and courses of study ; draw orders upon the supervisors of the town or upon the collector or treasurer of the district for the payment of teachers' salaries; and may levy and collect taxes when necessary for teachers' salaries. In 1916 the number of school districts included within the supervisory districts was 10,319 and the number of schoolhouses within these districts was 10,694. 150 Eepoet of Reconsteuction Commission Joint Districts. Joint districts are school districts lying in two or more towns or supervisory districts. Farm Schools. The board of supervisors in a county outside of the city of New York may organize a farm school for the purpose of giving instruction in trades and in industrial, agricultural and home making subjects. The cost of maintenance is a county charge. Camp Schools. Camp schools may be established to afford educational facilities for the children of laborers who may be employed in large construction works. In 1918 there were in operation in the rural regions of this State nearly nine hundred schools in each of which there were not more than five pupils. In addition, there were six hundred other districts with an attendance of less than seven children and there were 3,800 rural schools with less than ten children in attendance. There are too many school districts and tmstees within the super- visory district. In Nassau County there are two supervisors and 237 trustees for 57 school districts. Such a large number of districts neces- sitates many elections and the creation of a vast army of local school officials. The assessed valuation of each of 3,800 school districts is less than $40,000. In 2,000 of these districts the assessed valuation is less than $20,000. This means that under the present system four farms of an average value of $5,000 might be required to support a school in each of 2,000 districts; and in 2,000 other districts eight farms of an average value of $5,000. With such a burden placed upon the individual these schools can hardly be called public schools in any correct interpretation of the term. The school tax rate based upon property valuation shows marked variation within towns. The product of the school tax, per pupil, shows similar marked variations. Education should not depend upon the taxable wealth of the small school districts. If the State is to undertake to provide free public education, the support of the district school should not be left to a small group of individuals. The present state contributions are considerable in the aggregate but necessarily inadequate as a solution of the problem of the support of schools. In the case of 2,000 schools, the State contributes $200 and in the case of 1,800 other schools the State contributes from $150 to $175. Under the present system, a district superintendent may have to deal with anywhere from forty to sixty-five boards of trustees. The collectors, treasurers and other local officials constitute an army of 50,000 person^^ throughout the State. The control of the educational system in towns of The Dbpaetment of Education 151 five thousand population and over is usually well organized. On the other hand, in a rural section with its numerous union free school districts and common school districts with their boards of trustees, the great need is for consolidation. That there is considerable waste to the people of this State under the present system of education is generally conceded. There are three out- standing factors which contribute to this waste: First, the large number of persons who are required to collect taxes within the small districts; Second, the ten thousand districts are purchasing supplies separately when practically all articles required are identical ; Third, there are thirty- eight hundred rural schools in New York State in which there are less than ten children in attendance, resulting in waste in the number of school buildings, teachers and in expenditures for upkeep. Larger local Unit Adopted by Other States All the states east of the Mississippi River (twenty-two in number) except New York, Illinois and Michigan have abandoned the district system. It is apparent that the State of New York has not kept pace with the general tendency in state educational administration, which has been toward the larger unit of control. It has been found in other states that the adoption of a larger local edu- cational unit has brought with it many advantages: Under the town system in Indiana " the number of schools with less than 20 pupils was reduced from 4,180 to 1,755 in the ten years from 1899 to 1909." In Ohio a consolidation of schools followed the adoption of the town system in 1898. The same was true to a great extent in Kentucky following the establishment of the county unit of administration in 1908. In Massachusetts, Connecticut, Ohio and Indiana the most vigorous opponents of the plan at the time of its introduction were later among its strongest supporters. In a circular of the Department of Education in the State of Illinois in 1914, it was testified that consolidation, which appears to be the inevitable result of the larger unit, had brought with it decided advantages in the schools. Indiana reports " the work of the consolidation of schools is highly gratifying. Children are doing better work, better teachers can be secured, and higher school attendance has increased by 6,300." Utah reports that " all arguments in favor of consolidation are true. The tax levy is smaller and a very material growth has been 152 Eepoet of Keconsteuction Commission made without any additional debt. * * * With better buildings and graded schools we are able to command a better teaching force. * * * The care that is now exercised in the handling of public school ■ funds is an argument in itself for consolidation. No consolidated county would return to the small unit system. The larger unit is superior to it. It makes for economy and efficiency in every depart- ment." After having tried consolidation for four years, Kentucky reports that "the results are so much better that a change cannot be con- sidered. * * * There can be no reasonable argument made in favor of the old plan" The report enumerates thirty benefits of consolidation. Some of them are as follows : Better graded, and classification with better results for the same length of time. Longer school term. Larger number of recitations and more personal instruction. Better work in the higher branches. More comfortable and sanitary buildings with modem equip- ment. Broader and deeper school spirit. Efficient supervision. Thorough work in special branches, as domestic science, manual training, music, agriculture, etc. Better school officials. Public pride in schools. Better teachers. Economical management. Superior quality of citizenship for the State and greater opportunity for the child. Massachusetts returned to the town unit system after having alter- nated between it and the district system. Iowa reports that in counties where both the township and the district systems exist under the township plans, the management is much more efficient than in the same counties where either the sub- district or rural independent system prevails. Connecticut, which adopted the town plan in 1909, reports that "this law reduces administration to the simplest elements and fixes responsibility for the working of the school system." It has found complete justification in diminishing the multiplicity of agencies and officers, in fixing legal authority to make timely material improve- ments and in giving teachers and children a better chance. The Depaetmbnt of EDUCATioiir 153 Township versus County or Other Unit If the townsliip should be taken as the unit and the supervising official made responsible directly to the State' Board of Education, there would still be too large a number of officials with whom the State Department would have to deal. The county unit from the point of view of size is the best adapted of existing government and taxation units. An argument against the county unit is that it is a political unit which has a poor ad- ministrative record. On the other hand, the creation of a new large unit with new taxation problems would cause numerous complications. The adoption of the county unit would result in the most economical develop- ment of school buildings, equipment and facilities. It would make pos- sible provision for central schools with equipment and facilities for domestic science, manual training, music, agrictilture, etc. Higher salaries could be paid to teachers. First rate county superintendents could be appointed. Numerous small and wholly inadequate schools would be consolidated. Standardization of text books, equipment, sup- plies, the centralization of purchasing and other economies in management would follow. Higher standards of educational work would be adopted. Any unit smaller than the county makes it difficult to secure trustees or boards of education who are really competent to supervise. Practically all of the advantages claimed for the township unit of school administration, as contrasted with the district system, apply also to the county unit. There are, on the other hand, great advantages in the adop^ tion of the county as the unit which cannot be claimed for the township system. In about forty states, including practically all of the states outside ~New England, there is a county superintendent of schools or an officer holding a similar position. In most of these states he is elected by popular vote with sheriffs and other county officers. Such a system has the effect of bringing politics into education. In about thirty states the county board with educational functions of some kind is found. In many of these states this board has the management of all the public elementary schools in the county. Such a board is usually appointed by the Governor, State Board of Education or some other body composed of certain county or local officials acting ex officio. Sometimes the county superintendent is paid from state funds, sometimes from county funds and sometimes from both. Whatever the plan of organization it recognizes the principle of state supervision over large local units of education. 154: Kepoet OB' Eeconsteuction Commission Summary of Recommendations 1. The Board of Eegents of the University of the State of New York will continue to be elected by the Legislature. It will be com- posed of twelve members as at present, one from each judicial district and three at large, appointed in rotation one each year for a term of twelve years. 2. The Board of Regents will continue to appoint the Commis- sioner of Education to serve at its pleasure. The Commissioner will be the executive head of the Department. 3. The State Department of Education will be organized with seven bureaus, each directly under the Commissioner of Education, as follows: Bureau of Admiuistration, Bureau of Elementary and Secondary Education, Bureau of Agricultural and Vocational Education, Bureau of Higher Education, Bureau of Extension, Bureau of Special Education, Bureau of Eeference and Research. There will be a Director at the head of each bureau. The Director of Elementary and Secondary Education will be designated by the Board of Regents as the Deputy Commissioner of Education. 4. The Bureau of Administration will be organized with the fol- lowing divisions: Office of the Chief Clerk, Division of Engineering, Division of Grounds and Buildings, Division of Printing. 5. The Bureau of Elementary and Secondary Education vrill be organized with the following divisions: Division of Elementary Education, Division of Secondary Education, Division of Examinations and Inspections, Division of Teachers' Training, Division of Registration and Employment, Division of Physical Training and Recreation, Division of Attendance. The inspection of nil elementary and secondary schools will be undertaken by the Division of Examinations and Inspections, and legislation will be enncted definitely locating responsibility in local The Depaktmeh't of Education 155 superintendents and the State Department for the maintenance of proper standards. The State Informal schools will be placed under th'e Division of Teachei's' Training of the Bureau of Elementary and Secondary- Education. The principal of each Normal school will submit a yearly report to the Commissioner of Education of the work of the school under his supervision. A thorough study will be made of the standards and work of the Normal schools and a consistent and ade- quate policy will be adopted for the training of teachers within the state. This policy will determine the number, location, construction courses and staff of Normal schools. The Military Training Commission will be abolished and the functions of building up the physique of school children and recrea- tion will be vested exclusively in the Division of Physical Training and Recreation. 6. The Bureau of Agricultural and Vocational Education requires no separate divisions. The present powers and duties of the local boards of managers of the following agricultural schools will be transf en-ed to this Bureau : Delhi, Schoharie, Morrisville, Farmingdale, St. Lawrence. Each school will have a local board of managers of seven members who will be appointed by the Commissioner of Education, with the approval of the Board of Regents. Such local boards will have the power of visitation and inspection. The Advisory Board for the Promotion of Agriculture will act in an advisory capacity to this Bureau. The supervision of the following institutions will be a function of the Bureau : State College of Forestry at Syracuse University, State Veterinary College at New York University, State School for Ceramics and Clay Working at Alfred University. This Bureau will also supervise the expenditure of state funds by the State College of Agriculture at Cornell and the Agricultural Experimeiit Station at G-eneva. The New York State Nautical School will be turned over to the Federal government, if this is possible. If not the school will be placed in this Bureau with a reduced appropriation. 156 Kepobt of Reconsteuction Commission 7. The Bureau of Higher Education requires no separate divisions. It will have general supervision of standards of higher education and of registration and certification of the professions. In addition to the professions now supervised, the Bureau of Hig'her Education will supervise the work of the Board of Law Examiners and the Board of Embalming Examiners and members of these boards will have the same relation to the Department of Education as have the examining boards of the other professions. The Bureau will there- fore take charge of the registration and certification of the following professions : Certified Public Accountants, Certified Shorthand Reporters, Registered Architects, Optometrists, Chiropodists, Veterinarians, Dentists, Pharmacists, - Doctors, .Nurses, Embalmers, Attorneys. 8. The Bureau of Extension will be organized with the following divisions : Division of State Library, Division of Museum, Division of Americanization and Extension. The present powers and duties devolving upon the Bureau of Industries and Immigration in the Labor Department, having to do with the education of illiterates, will be transferred to the Division of Americanization and Extension of the Bureau of Extension. The Division of Americanization and Extension will be charged with the supervision and instruction of illiterates. The present Legislative Library and all of the Supreme Court Libraries will be transferred to the Division of State Library. The present trastees of these libraries will be retained in an advisory capacity. 9. The Bureau of Special Education will be organized with the following divisions: Division of the Blind, Division of Indian Affairs, Till;. Depaktment of Educatiok 157 Division of Deaf Mutes, Division of State Charges. The Director of the Bureau of Special Education will employ an expert to be the head of the Division of the Blind and with the approval of the Commissioner and Board of Regents will appoint an Advisory Board on the Blind, consisting of three members to serve without compensation, one member to have training or experience in connection with the care of the blind, and the other two to be reputable business or professional men with broad execu- tive experience. The State School for the Blind at Batavia will be placed under the jurisdiction of the Division of the Blind. The Fiscal Supervisor and Board of Charities will be relieved of all re- sponsibility with reference to the care of the blind. The Legislature will make annual appropriations to the State and other institutions on the basis of estimates submitted by the Commissioner of Educa- tion. There will be formulated and adopted a scientific and practical definition of blindness which shall be officially recognized by the State of New York and a consistent policy with reference to the registration, education, training, employment and care of the blind residents of the State and the prevention of blindness. The Director of the Bureau of Special Education will appoint with the approval of the Commissioner of Education and the Board of Regents, a properly qualified person to supervise the care of the deaf and dumb. A uniform policy with reference to the edu- cation, registration, training, employment and general care of all deaf mutes will be formulated and adopted. The Commissioners of the Land Office, State Board of Charities, Eiscal Supervisor and the Oovemor will be relieved of all direct responsibility with reference to the care of the Indians and the Division of Indian Affairs of the Bureau of Special Education will be given responsibility for Indian care. The Division of State Charges under the Bureau of Special Education will co-operate with the institutional departments directly and through the Council of Public Welfare in supervising and recommending adequate educational facilities for the education of inmates and patients in the several State institutions. 10. The Bureau of Reference and Research will act as an inves- tigating staff and clearing house of information for the department. 11. The supervision of medical inspection of school children at present under the Department of Education will be transferred to the Health Department. 158 Kepoet op Recoksteuction Commission 12. It is recommended that the division of the State into school districts, outside of the cities and to^vns of five thousand, be based on a larger unit, preferably the county, vrith a properly qualified superintendent. 13. The Counsel to the Education Department will be transferred to the office of the Attorney-General. 1-i. These recommendations will require only statutory dhanges. The Department of Education 159 DEPARTMENT OF EDUCATION BOARD OF REGENTS (12 memberB) COMMISSIONER OF EDUCATION BUREAU OF ELEMEN- TARY AND SECOND- ARY EDUCA- TION Director and Deputy Commifi- BUREAU OF HIGHER EDUCA- TION Director DIVISION OF ELEMEN- TARY EDUCATION DIVISION OF SECONDARY EDUCATION DIVISION OF EXAMINA- TIONS AND INSPEC- TIONS DIVISION OF TEACHERS TRAINING BUREAU OF EXTENSION Director BUREAU OF ADMINIS- TRATION Secretary BUREAU OF SPECIAL EDUCATION Director BUREAU OF AGRICUL- TURAL AND VOCA- TIONAL EDUCA- TION Director DIVISION OF STATE LIBRARY DIVISION OF MUSEUM DIVISION OF AMERICAN- IZATION AND EXTENSION OFFICE OF CHIEF CLERK DIVISION OF ENGINEER- ING DIVISION OF GROUNDS AND BUILDINGS DIVISION OF PRINTING DIVISION OF THE BLIND DIVISION OF INDIAN AFFAIRS DIVISION OF DEAF MUTES DIVISION OF STATE CHARGES BUREAU OF REFER- ENCE AND RE- SEARCH Director DIVISION OF REGISTRA- TION AND EMPLOY- MENT DIVISION OF PHYSICAL TRAINING AND RECREA- TION DIVISION OF ATTEND- ANCE 160 KePOET of EeCONSTEUCTION CoMMISSlOiS' CHAPTEE 11.— HEALTH DEPARTMENT Present Organization The present organization of the State Department of Health is well adapted to a broad control of the health services of the State. Adminis- trative responsibility is centered in a trained executive who has the advice and assistance of a Public Health Council in matters involving health legislation. For the more effective supervision and control of local health services, the State has been divided into a number of sanitary districts, each under the supervision of a State Sanitary Supervisor. Thus there is in the State Health Department a combination of highly centralized administrative control and local supervision which is as effective as it can be under present conditions of local health organization. The Department, which is organized under a Commissioner appointed by the Governor by and with the advice and consent of the Senate for a term of six years at an annual salary of $8,000, is charged with the following functions : To supervise the work of all local health authorities in the State outside of New York city ; to inquire into causes of disease ; to suppress epidemics ; to investigate sources of mortality ; to control pub- lic water supplies and sewage disposal; to promote public health; and to enforce the Public Health Law and Sanitary Code. There is also a Deputy Commissioner receiving $5,000, and a Secretary receiving $4,250. Attached to the Department is a Public Health Council composed of six members appointed by the Governor for a term of six years at an annual salar;^ of $1,000 each, and the Commissioner of Health ex-officio. The Governor designates the Chairman. The duties of the Council are : (1) To enact and amend the sanitary code; (2) to consider matters of preservation and improvement of public health and advise commissioners thereon; (3) to establish qualifications of directors of divisions, local health officers and public health nurses. The Department of Health is organized with the following divisions: Division of Administration. Division of Laboratories and Research. Division of Publicity and Education. Division of Vital Statistics. Division of Venereal Diseases. Division of Communicable Diseases. Division of Child Hygiene. Division of Public Health Nursing. Division of Sanitary Engineering. Division of Tuberculosis. Health Dbpj:VEtment 161 The Division of Administration, under the supervision of an Executive Clerk receiving $4,000, is responsible fo rthe auditing, stenographic and clerical force and the general administrative work of the department. The Division of Laboratories and Research, under a Director receiving $5,000, manufactures antitoxins and vaccine and prepares diagnostic outfits, performs bacteriological, chemical and physiological analyses and research and diagnoses infectious diseases. The Division of Publicity and Education, under an Assistant to the Deputy Commissioner receiving $3,500i, supervises and edits publications and promotes health education through lectures, exhibits, films and publications. The Division of Vital Statistics, under a Director receiving $4,000, supervises the collection, tabulation and preparation of reports of regis- trars of births, deaths, marriages and transcripts of same; licenses and supervises midwives ; conducts statistical investigation and research of causes of sickness and death; and represents the United States Census Office for Vital Statistics in iNew York State. The Division of Venereal Diseases is supervised by a Director receiving $3,600. The division supervises state and federal control of venereal diseases in the state; establishes clinics and social service nursing, and directs educational campaigns against venereal diseases. The Division of Communicable Diseases, under a Director receiving. $4,000, supervises the prevention and control of communicable diseases and assists local health officers and health boards. The District Sanitary Supervisors are under this division. The Division of Child Hygiene, under a Director receiving $4,000, supervises child welfare work; improves milk conditions and pasteuriza- tion; establishes after-care of persons crippled by infantile paralysis through clinics and operations, and establishes infant welfare stations. The Division of Public Health Nursing has practically been abolished and such work as remains is performed under the Secretary of the Department. The Division of Sanitary Engineering is supervised by a Chief Engineer receiving $5,000. The division supervises matters affecting water sup- plies, sewage disposal, public nujsances and general sanitary conditions; investigates milk pasteurization plants, and approves plans for mosquito extermination. The Division of Tuberculosis, under a Supervisor at $3,200, supervises and directs all tuberculosis activities ; inspects and approves sites, plans, specifications and equipment of county tuberculosis hospitals; administers tuberculosis law and regulations and inspects hospitals and aids in estab- lishing and administering them. 6 162 E'epoet of Eeconsteuction Commission Proposed Organization It is believed that this organization provides facilities for the economic and efficient administration of public health affairs along broader lines. It is not proposed to change the structure, but to add to it. Several independent health services of the State should be transferred to the department. In addition, supervision over local health authorities should be greatly extended and the local health organizations improved. It is proposed to establish the following bureaus, the usual designation of the major units as bureaus having been adopted in this report: Bureau of Administration. Bureau of Laboratories and Research. Bureau of Publicity and Education. Bureau of Vital Statistics. Bureau of Venereal Diseases. Bureau of Communicable Diseases. Bureau of Child Hygiene. Bureau of Sanitary Engineering. Bureau of Tuberculosis. Bureau of Narcotic Drugs. There will be a Director at the head of each Bureau in the competitive class under civil service, excepting the Bureau of Administration, which will be under the general charge of the Secretary of the Department, whose immediate assistant will be the Executive Clerk. The duties of the Bureaus of Administration, Publicity and Education, Vital Statistics and Venereal Diseases will remain as at present. The Bureau of Laboratories and Research, in addition to its present duties, will have charge of the Institute for the Study of Malignant Diseases. The Institute for the Study of Malignant Diseases, an independent state agency under a board of seven trustees appointed by the Governor for indefinite terms, performs an essential part of the service for the state in conducting research, particularly of cancer. Thus far its work has been centered chiefly in the care of patients suffering from cancer at its hospital at Buffalo. Little has thus far been done in public educar tion relative to cancer and allied diseases, either by the Institute or the IState Department of Health, but such education is a very necessary part of the cancer prevention program. The State Health Department already has means, through its bulletin and press service, of conducting a State- wide educational program. Furthermore, the State Health Department, through its close contact with local health agencies of the State, is better prepared to develop a broad program of prevention. It would seem Health Detpabtment 163 logical, therefore, to centralize administrative control of this service in the State Department of Health. The Bureau of Communicable Diseases now has control over district sanitary supervision. The question of larger local units and of separating sanitary supervision from communicable diseases is discussed below. It is proposed to transfer to the Bureau of Communicable Diseases and through it to local health departments the inspection and sanitary supervision of immigrant camps and lodging houses, now a function of the Bureau of Industries and Immigration of the Industrial Commission. The Bureau of Child Hygiene, in addition to its present functions, will have charge of the Hospital for Crippled and Deformed Children and of school medical inspection. The Hospital for Crippled and Deformed Children is now under the supervision of the State Board of Charities, Fiscal Supervision and other agencies. This institution is at the present time inadequate to provide for the care of all children for whom admission is desired. There is at the present time no satisfactory procedure for determining the selection of children to be admitted to this institution. Patients are now admitted on the application of the poor authorities urider the rules laid down by the board of managers, and subject to the examination of the surgeon-in-chief of the hospital. The proper utilization of this institution for the care of crippled and deformed children warrants the adoption of a more ade- quate procedure of admission through an agency having an understanding of local needs. Such an agency is the State Department of Health which, through its sanitary supervision, is in touch with local health problems. The recent epidemic of poliomyelitis has tremendously increased the num- ber of children requiring hospital treatment. Information regarding such patients is already in the possession of the State Department of Health. It is a logical step in the development of satisfactory medical service for crippled children, to place the supervision of this institution and the control of all such children requiring state aid in the hands of the state health authority. This, it is believed, will result in considerable economy by eliminating supervision by the Fiscal Siipervisor and other agencies as indicated in Chapter 10 of Part II of this report. The medical inspection of school children was transferred some time ago from the Health Department to the Department of Education. This transfer has left a gap in health supervision which can not be justified on any other ground than that school discipline would suffer through the control of the medical inspections in the schools by another depart- ment. Experience in other cities and states indicates that this is not the ease and that cooperation of the two authorities is easy to establish 164 KiiPOET OF Reconsteuction Commission and maintain. In order to give the state and local health departments complete supervision of health work and to increase the work and com- pensation of local health ofBcers so that full-time service may ultimately be installed, the transfer of the medical inspection function to the Bureau of Child Hygiene is recommended. The Bureau of Tuberculosis, in addition to its present functions, will have the supervision of the Hospital for the Treatment of Incipient Pulmonary Tuberculosis at Raybrook. This hospital provides care and treatment of incipient cases of tuberculosis sent to it by local authorities. It is under the control of the State Board of Charities and the Fiscal Supervisor and other agencies. The State Department of Health is very vitally concerned with the program for the care and prevention of tuber- culosis throughout the state, an essential part of which is the hospitaliza- tion of incipient cases of the disease. The special Division of Tuber- culosis was created in the State Department of Health for the purpose of encouraging local communities to provide more adequate facilities for the care of tuberculosis patients. The consolidation of the Hospital for the Treatment of Incipient Pulmonaiy Tuberculosis, therefore, with the State Department of Health will permit the better development of a compre- hensive tuberculosis program and will reduce the cost of supervision of the state hospital by the Fiscal Supervisor and other state agencies. No other department of the State is as well informed and as well qualified to supervise this work as is the State Health Department, because of its thorough understanding of local health needs. The hospital at Raybrook will serve as an excellent laboratory for the tuberculosis work of the Health Department. The new Bureau of Narcotic Drugs will take the place of the present Department of Narcotic Drug Control, an independent department under a Commissioner and Deputy Commissioner. This is obviously a function of the State Health Department and the separation is arbitrary, wasteful and confusing to local health authorities, and to the public who are accus- tomed to deal with the State Health Department on all matters of public health. It is, therefore, recommended that the Department of Narcotic Drug Control be made a Bureau of Narcotic Drugs of the Health Department. The Health Officer of the Port of New York exercises a heaJth function through state funds, but the function is distinctly a federal function. Negotiations between the state and federal governments have been under way for some time, looking to the transfer of the Health Officer to the federal government. In the meantime the state appropriations have been reduced. It is recommended that this transfer be expedited. Health Department 165 The Problem of the Local Health Unit The greatest defect in state health administration, as in state educa- tional and charitable administration, lies in the impossibility of carrying out a state-wide program with the aid of innumerable small and ineffective local units. The State Health Departm.ent supervises and sets standards and has great powers under extraordinary conditions. Under normal conditions the State Health Department is the guide, philosopher and friend. It lacks the powers which the Education Department may exer- cise through the control of state subsidies to local education. There are no county health officers in this state, the health units being cities, towns and incorporated villages which constitute separate health districts. The total number of health districts outside of Greater ISTew York is 1,447, of which 181 districts are included in eighty-eight consoli- dations, reducing the total number of health units to 1,354. Eighty-three consolidations comprise two districts and five comprise three districts. These consolidations have been made in accordance with chapter 20 of the Public Health Law, which defines the powers and duties of local boards of health. Over these 1,354 health units, as state supervisors, are fifteen District Sanitary Supervisors, who receive $3,000 per annum and their necessary traveling expenses. These Supervisors are under the Division of Communicable Diseases. Local health ofiicers are appointed by the municipal boards of health and receive a salary in towns and incorporated villages of ten cents per capita of population as shown by the last state or federal census. They are appointed for a term of four years and removable only upon charges being preferred and a hearing held. The removal of a health officer by a local board of health must have the approval of the State Commissioner of Health before becoming effective. The salary of the health officer in cities is as fixed by the municipality. The tenure of office of the local health officer has recently been increased from one to four years. The purpose of lengthening the term was to take the office out of politica and insure long tenure of office so as to develop morie competent officials. Health officers of towns and villages must possess the qualifications pre- scribed by the Public Health Council. In the cities the office is in the competitive civil service and appointments are made from an eligible list established by open competitive examination. It is obvious that there are far too many local health units and that the numerous underpaid part-time local health officers are not in a position to carry out the state or the loeal public health program under present conditions. The only remedy lies in the adoption of a large local super- visory unit. Within this local supervisory unit there would of course be 166 K.EPOET OF Ebconsteuction Commission district units, but larger and fewer than at present. Consolidations of district units Avould go forward rapidly and according to a definite program if there were a large supervisory unit with administrative and financial power. On the whole it is apparent that the county constitutes the best local supervisory unit. It is recognized and established for other governmental purposes, taxation in particular. It is about the right size. The county health officers should be appointed by county boards of supervisors or county health boards with qualifications prescribed by the Public Health Council. They should not be elected. They should have an adequate staff to supervise the health work of the county. 'So attempt is made here to prescribe in detail the measure of control of the county over local district health officers or the financial balance between county and local health funds. Such control should be as complete as local sentiment will permit. It should be sufficiently complete to bring about rapid consolidation of local units under competent full-time officers. It is recommended that the Public Health Council make a report on the county as a local supervisory unit, planning in detail the organization and financing of this unit and its relation to the district units. It is also recommended that sufficient funds be appropriated to experiment with such a unit or units in cooperation with one or more counties. It is also recommended that the Health Council report on the desirability of sepa- rating the Sanitary Supervisors from the Bureau of Communicable Diseases and establishing a new Bureau of Local Health Supervision. Summary of Eecommendations 1. The Department of Health will continue to be administered by a Commissioner and one Deputy with the advice and assistance of a Public Health Council. The term of the Commissioner will continue to be six years. He will be appointed by the Governor with the consent of the Senate. The Public Health Council will consist of the Commissioner ex-officio and six members of whom three shall be physicians appointed by the Governor for overlapping terms of six years. 2. The department will be organized with the following bureaus : Bureau of Administration. Bureau of Laboratories and Research. Bureau of Publicity and Education. Bureau of Vital Statistics. Bureau of Venereal Diseases. Bureau of Communicable Diseases. Health Detaetment 167 Bureau of Child Hygiene. Bureau of Sanitary Engineering. Bureau of Tuberculosis. Bureau of Narcotic Dmgs. Each bureau will be in charge of a Director in the competitive class under civil service, excepting the Bureau of Administration, which will be under the Secretary of the Department. The functions of these Bureaus will be the same as at present with the additions noted below. S'. The Institute for the Study of Malignant Diseases will be trans- ferred to the State Department of Health, to be administered by the Bureau of Laboratories and Eesearch. 4. School medical inspection, now in the Department of Education, will be transferred to the State Department of Health to be adminis- tered by the Bureau of Child Hygiene. 5. The Hospital for Crippled and Deformed Children and the control of all such children requiring state aid will be transferred to the State Department of Health to be administered by the Bureau of Child Hygiene. 6. The Hospital for the Treatment of Incipient Pulmonary Tuber- culosis will be transferred to the State Department of Health to be administered by the Bureau of Tuberculosis. 7. The State Department of Health, and through it the local health departments, will supervise the inspection and sanitation of immigrant camps and lodging houses, now a function of the Bureau of Industries and Immigration of the State Industrial Commission. 8. The present Department of Narcotic Drug Control will be transferred to the State Department of Health. This function will be under a new Bureau of Narcotic Dmgs. 9. It is recommended that the Public Health Council make a report on the county as the local supervisory unit, planning in detail the organization and financing of this unit and its relation to the district units. It is also recommended that sufficient funds be appro- priated to experiment with such unit or units in cooperation with one or more counties. It is also recommended that the Health Council report on the desirability of separating the Sanitary Super- visors from the Bureau of Communicable Diseases and establishing a new Bureau of Local Health Supervision. 10. These recommendations require only statutory changes. 168 E'epoet of EEcoNSTEtrcTioN Commission PROPOSED ORGANIZATION OF THE DEPARTMENT OP HEALTH PUBLIC HEALTH COUNCIL MembfTB (6) Commiesioner of Health ex-oSiclo DEPARTMENT OF HEALTH CommiBsioner of Health BUREAU OF LABORATO- RIES AND RESEARCH Director BUREAU OF ADMINISTRA- TION Secretary BUREAU OP PUBLICITY AND EDUCATION Director BUREAU OF VITAL STATISTICS Director BUREAU OP CHILD HYGIENE fiirector BUREAU OF VENEREAL DISEASES Director BUREAU OF COMMUNICABLE DISEASES Director BUREAU OF SANITARY ENGINEERING Director BUREAU OP TUBERCULOSIS Director BUREAU OP NARCOTIC DRUGS Director Dept. of Mental PIygiene, Chakities and Cokrection 169 CHAPTER 12.— DEPARTMENTS OF MENTAL HYGIENE, CHARITIES AND CORRECTION. Present Organization of the State Departments having supervision over Mental Hygiene, Charities and Correction. There are 53,000 defectives, dependents and delinquents now in the thirty-nine so-called state hospitals, charitable institutions and prisons. Including inmates in puhlic institutions and in private institutions receiving public aid, the total number of defectives, dependents and delinquents subject to visitation and inspection by the State is about 777,814 or about 8% of the population of the State. The appropria- tion this year for the care of the inmates in the state institutions and the visitation and inspection of the other institutions is $23,500,000, or about 259'' of the total appropriation for the state government. The total assessed valuation of the property of these thirty-nine state insti- tutions is over $60,000,000. At the present time, exclusive of the local board of managers, there are over twenty departments, boards and commissiens charged with the visitation, inspection, supervision and administration of these institutions. It is apparent that intelligent plan- ning, sound administration and economy are not possible with such a division of authority and responsibility as exists at present. In 1867 a select committee of the Senate, of which Mark Spencer was Chairman, reported its " conviction of the necessity of providing by law for a more efficient and constant supervision of all the charitable and reformatory insti- tutions which participate in the public bounty or are supported by taxation ; and a commission of well-qualified persons to be appointed by the Governor and Senate, with such arrangement of the terms of service as will constantly secure experience, appears to be the best mode of effecting the purpose." This was the beginning of the program for the supervision of the institutions of the state. There was created a Board of State Commis- sioners of Public Charities with the power to visit all charitable institu- tions receiving state aid, except prisons. Before 1890 the policy of exclusive state care of the insane had been inaugurated, powers being conferred upon the State Commission in Lunacy to supervise the institu- tions for the insane. Upon the adoption of the report of the Constitu- tional Convention of 1894, the State Board of Charities and the State Commission in Lunacy for the first time became constitiitional bodies. Under these constitutional provisions the State Board of Charities sur- 170 Kepoet of Reconsteuction Commission rendered its supervision over the hospitals for the insane, and the State Commission in Lunacy was given supervisory and fiscal control of these institutions.. A decision by the Court of Appeals in 1900, as a result of proceedings instituted by the State Board of Charities for a writ of mandamus to compel the New York Society for the Prevention of Cruelty to Children to submit to visitation and inspection by the State Board of Chai'ities, ended the power of the State Board to visit and inspect chari- table institutions which do not receive public moneys for the support and maintenance of indigent persons There are at present thirteen hospitals for the insane, accommodating 36,357 patients (June 30, 1917). These are under the direction and supervision of (1) the Hospital Commission* consisting of a physician required to have ten years' experience in the care and treatment of the insane, a reputable attorney of ten years' standing, and a reputable citizen, all appointed by the Governor with the advice and consent of the Senate, to hold office during good behavior in the case of the physician, and for six years each in the case of the other two members. These institutions are subject to investigation and inspection by (2) Local Boards of Managers, consisting in each case of seven members appointed for overlapping terms of seven years by the Governor by and with the advice and consent of the Senate. These local boards have the right of approval of the appointment of the Superintendent by the Hospital Commission and may remove the Superintendent subject to the approval of the Hospital Commission. In 1917 (3) the Hospital Development Commission-f- consisting of the State Engineer and Surveyor, the Chair- man of the State Hospital Commission, the State Architect, the Chair- man of the Senate Finance Commitee, the Chairman of the Assembly Ways and Means Committee, and one member of the Legislature (who shall be a minority member of one of the financial committees of the Legislature), was created, to examine and study the present and proposed plans of the state hospitals, and to establish and recom- mend a state policy with reference to the reclassification and develop- ment of the state charitable institutions, and to investigate the problem of the proper care of the feeble-minded in the State, for the purpose of devising a plan for its solution. In the case of investigation for the proper care of the feeble-minded, however, the Fiscal Supervisor will tate the place of the Chainnan of the State Hospital, and the Secretary of the State Board of Charities will take the place of the State Engineer. (4) In addition, the Board of Retirement,:}: consisting of the Comptroller • Consolidated Laws. chap. 27. t Laws 1917, chap. 238. t Insanity Law, § 119. Dept. of Mektal HYGiEirji', Chakities and Corbection 171 of the State, the medical member and the legal member of the Hospital Commission, a representative of the officers of the several hospital for the insane, and a representative of the employees of the hospitals for the insane establishes rules and regulations for the administration and invest- ment of the Retirement Fund for officers and employees of the Hospital Commission. There are four institutions for the care of the feeble-minded (Rome, Syracuse, Newark and Letchworth) accommodating 3461 inmates, one for the care of the epileptic (Sonyea) accommodating 1466 inmates, one for the care and treatment of patients with incipient tuberculosis (Ray- brook) accommodating 332 patients, one for the care and treatment of crippled and deformed children (West Haverstraw) accommodating 118 patients, two reformatories for men (Elmira and ISTapanoch) with 934 inmates, two reformatories for women (Albion and Bedford Hills) accommodating 615 inmates, two reformatories for boys (Industry and Randalls Island) accommodating 1426 inmates, one reformatory for girls (Hudson) with 371 inmates, one institution for the care and train- ing of the blind (Batavia) with 166 pupils, one school for Indian orphans (Iroquois) with 204 pupils, one home for soldiers and sailors who fought in the War of the Rebellion, the Spanish-American War or the insurrec- tion in the Philippines, (Bath) with 1148 inmates, and one home for disabled veterans of the Civil War, their wives, mothers and widows, and army nurses (Oxford) accommodating 192 persons. These eighteen institutions, accommodating a total of 10,443 inmates are under the supervision of the following state boards, departments and commissions: (1) The State Board of Charities, a constitutional body composed of twelve members appointed by the Governor with the advice and consent of the Senate, have the right to visit and inspect not only these state institutions (except those at Elmira and ISTapanoch), but also all county, municipal, incorporated or not incorporated institutions which are of a charitable or correctional character and receive public aid, with the exception of those under the supervision of the Hospital Commission referred to above, and the State Prison Commission to be referred to later.* (2) In 1902 the office of the Fiscal Supervisor f appointed by the ■ Governor with the advice and consent of the Senate, was created in spite of the opposition of the State Board of Charities, with powers to visit and inspect and in general to supervise the fiscal affairs of the institutions. This has been conceded in practice to mean absolute control of the fiscal powers of the institutions, although as Mr. Strong • Constitution, Art. VIII, § 2, (Laws 1909, Chaps. 40, 46 and 57. fLaws 1909, chap. 149, and Laws 1911, chap. 405. 172 E'eport of Reconstruction Commission points out in his report,* " the State Board of Charities retains the power to ascertain as to the economical expenditures of money and the condition of the finances generally in institutions, and it is its duty to aid in securing economic administration," and the Finance Law pro- vides that " the Comptroller shall superintend the fiscal afi^airs of the state." Mr. Strong stated also that the Deputy Fiscal Supervisor advised him " that today it is the conception that the Fiscal Super- visor ' manages and controls in everything, functional as well as fiscal, all the activities of the several institutions.' " (3) In 189 9, the Salary Classification Commission,-}- an ex-ofiicio body consisting of the Comptroller, the President of the State Board of Charities and the Fiscal Supervisor, was created for the purpose of classifying the officers and employees of the several institutions under the supervision of the Board of Charities and the Fiscal Supervisor, and to make recommendations regarding any changes in salary and wages thought advisable. (4) In 1910, the Building Improvement Commission:]: an ex-officio body consisting of the Governor, the President of the State Board of Charities, and the Fiscal Supervisor, was created with the " power to approve or reject plans and specifi- cations for the erection, alteration, repair or improvement of build- ings or plans for any state institution reporting to the Fiscal Supervisor, except the New York State Reformatory at Elmira and the Eastern N^ew York Reformatory at ISTapanoch." Commissioner Strong, in his report, stated that the " President of the State Board of Charities characterized it as a ' useless commission ' and the Fiscal Supervisor said that neither the Governor nor he should be members of it." (5) The State Charities Aid Association, § an association organ- ized and maintained by private interests, is vested by law with the power to visit and inspect all charitable institutions and hospitals supported by the State and report thereon to the State Board of Charities on the institutions subject to the visitation and inspection of the State Board of Charities and to the State Hospital Commis- sion on the Hospitals for the Insane. (6) Reference has already been made to the Hospital Develop- • Report of Commissioner Charles H. Strong, appointed under the Moreland Aot to investigate the administration of charitable institutions, 1916. t Laws 1914, chap. 215. J Laws 1910, chap. 47. §Laws 1881, chap. 323, Consolidated Laws, chap. 55, Art. Ill, §§ 3(V-12. Dept. of Meisttal Hygiene', Charities and Coejrection 173 ment Commission in connection tvith the discussion of the hospitals for the insane. It was indicated that one of the objects of this Commission is to devise a plan for the solution of the problem of the care of the feeble-minded. (7) In 1912 a Board of Examiners of Feeble-Minded Criminals and other Defectives, consisting of one surgeon, one neurologist and one practitioner of medicine appointed by the Governor with the advice and consent of the Senate for a term of five years,* was created " to examine into the mental and physical condition and the record and family history of the feeble-minded, epileptic, criminal and other defective inmates in the state hospitals for the insane, state prisons, reformatories and charitable and penal institutions in the state." The power given this Board to perform operations to prevent pro- creation is of doubtful constitutionality, and no recent appropriation has been made for its maintenance, but the Board had not been abolished. (8) In 1918, the Commission for the Care of the Feeble^Minded,f consisting of a psychiatrist, appointed by the Governor by and with the advice and consent of the Senate for a term of three years, the Secretary of the Board of Charities, and the Fiscal Supervisor, was created to formulate and carry out the policy of the State with refer- ence to the care of the feeble-minded, to keep in touch with the work of the state institutions for the feeble-minded, to advise with the Superintendents of these institutions, to cooperate with the heads of other state departments in the plans and policies growing out of mutual interests and concern, legislative matters, state-wide clinics, etc. (9) In addition to the Boards, Departments and Commissions referred to above, each of the eighteen charitable institutions has a Local Board of Managers who have the right of visitation and inspection (Elmira and Napanoch are under the same board). In all cases with the exception of the House of Eefuge on Randall's Island, the local Boards of Managers are appointed by the Governor by and with the advice and consent of the Senate, and all but the House of Refuge and the New York State Industrial and Agricultural School of Industry consist of seven members. In the case of the New York State Agricultural and Industrial School there are fifteen members. The Board of Managers of the House of Refuge at Ran- * Public Health Law, chap. 19; Laws of 1912, chap. 445. t Consolidated Laws, chap. 55, art. XXIII, §§ 480, 486. 174 R'bx^oet of Recojvsteuctiox Commission dall's Island consists of the Governor, Comptroller and Attorney General ex-officio and twenty-one members appointed by the Society for the Reformation of Juvenile Delinquents in the City of New York. There are also in the State six prisons in which there are confined at the present time 4,718 inmates, one institution fo!r the criminally insane accommodating 546 inmates, and one for the insane criminals accommodat- ing 887 inmates (Matteawan and Dannemora). The total population of these institutions is 6151. These institutions are subject to the visitation, inspection and supervision of the following state Commissions, Boards and Departments. (1) The Superintendent of Prisons, a constitutional officer as far back as 1846,* appointed by the Governor, with the advice and con- sent of the Senate, is to superintend, manage and control the state prisons and convicts therein and to be responsible for the govern- ment, discipline, police, contract and physical concern thereof. (2) The State CoramLssion of Prisons, also a constitutional body,f was established in 1895. It consists of seven members appointed by the Governor with the advice and consent of the Senate. Their duties are to " visit and inspect all institutions used for thd detention of sane adults charged with or convicted of crime, or detained as witnesses or debtors," except such reformatories as are subject to the visitation and inspection of the State Board of Charities. They also are directed to " inspect all penal institutions throughout the State, recommend a system of employing inmates, arrange for the distribution of indus- tries among penal institutions, prepare estimates annually of the articles which may be manufactured in penal institutions to meet the needs or requirements of the State or its political divisions, or pur- chases by institutions with state funds under the provisions of the ' State Use ' System, or to make rules for the diversification of indus- tries and the requisitions for supplies." The duties with reference to the preparation of estimates are at present nominal. (3) The Board of Parole of State Prisons. The Board of Parole of State Pi-isons,:j: consisting of Superintendent of Prisons and two others appointed by the Governor by and with the advice and con- sent of the Senate, was created to pass upon applicants for parole and to report to the Governor recommendations there- on, to make recommendations on applications for pardon and to ♦Constitution, Art. V, § 4. t Constitution, Art. VIII, § 2, Laws of 1895, chap. 1026, Consolidated Laws 1907, chap. 381, (Laws of 1909, chap. 47. jLaws 1909, chap. 47. XtepT. OF IMeiital Hygiene, Charities and Cobeection 175 adopt a uniform system for " determining the marks or credits which each prisoner must earn as a condition for release or by parole." (4) The Probation Commission,* consisting of seven members, of whom four are appointed by the Governor for terms of four years each, one appointed by the State Board of Charities from among its members, one appointed by the State Commission of Prisons from among its members, and the Commissioner of Education ex-officio, collects and publishes statistical and other general information, makes recommendations as to the operations of the Probation System and secures " the effective application of the Probation System to the enforcement of the Probation Law in all parts of the state." (5) The Prison Association, a private organization, is also given the right by law to visit and inspect the several prisons and report thereon. (6) In 1909 the Board of Classification,! consisting of the Fiscal Supervisor, the State Commission of Prisons, the Superintendent of State Prisons, and the State Hospital Commission, was created to fix and determine prices at which all labor performed and all articles manufactured in the state charitable institutions and in the penal institutions in the state and furnished to the state or its political subdivisions or to public institutions, shall be furnished. The penal institutions of ]M"ew York and Kings County are excepted, the prices being fixed for these institutions by the Commissioners of Charities and Correction, respectively. (7) The Hospital Commission, referred to above, visits and in- spects the hospital at Matteawan and the hospital at Dannemora, but the Superintendent of Prisons is charged with the appointment of the medical superintendents of these institutions and supervises and is responsible for the administration. In addition, these thirteen hospitals for the insane, the eighteen chari- table institutions and the eight penal institutions, a total of thirty-nine institutions accommodating (June 30, 1917) 52,951 inmates, are super- vised by several other state Departments; including the Comptroller, from the point of view of the audit and control of expenditures; the State Architect, from the point of view of the planning, construction and repair of buildings ; the Conservation Commission, from the point of view of the care of grounds, streams and farms; the Department of Farms and Markets, from the point of view of the production of crops; the Board of Health, from the point of view of sanitation ; the Department of Educa- * Laws of 1909, chap. 56, Laws 1910, chap. 613. tLaws of 1909, chap. 47, § 184. 176 Kepoet of Keconsteuction Commission tion, from tte point of view of the development and maintenance of educa- tion standards as far as possible, and the Central Supply Committee (to become effective July 1, 1919) from the point of view of the purchasing of supplies and equipment on joint contract. Defects in Present Organization. There are four outstanding defects in the present organization as out- lined above. 1. The grouping of institutions and functions is illogical and wasteful. 2. The Fiscal Supervisor and other Departments are entirely un- necessary if there is a proper grouping of institutions and functions. 3. The prison problem is unduly complicated by the presence of alien prisoners who are properly charges of the federal government. 4. No provision is made for a central agency either administrative or merely advisory and investigational to coordinate the charitable and correctional work of the State. 1. The grouping of institutions and functions is illogical and wasteful. Whatever overhead organization is decided upon, the charitable and correctional field in this and every other State divides itself logically into four main problems. The problem of the mentally diseased. The problem of correction. The problem of inspection of private charitable institutions. The problem of institutions for state charges other than those in the first two groups. The problem of the mentally diseased includes the care in and out of institutions of the insane, the feeble-minded and epileptics and the formula- tion and direction of a program for combating these diseases. The problem of corrections includes the custody and parole of misde- meanants in state prisons or reformatories and whatever supervision of local correctional or probational standards the Legislature may authorize. The problem of inspection of charitable institutions includes inspection and setting of standards for all private institutions which the State has. authority to inspect whether receiving funds or not. The problem of care of state charges such as Indians, deaf mutes, the blind, crippled children, consumptives, etc., may be regarded as primarily institutional in which case these institutions may be placed in a division or department of miscellaneous institutions, or it may more logically and humanely be regarded from the point of view of placing these charges where they will get the best care. From this point of view, the dea^f -mutes. Dept. of Mental Hygiene, Chaeities and Corkection 177 and blind, for example, belong in the Department of Education, and the consumptives and crippled children in the Department of Health. This logical grouping has been entirely ignored in the New York State organization. The care of the insane is consolidated but is separated from the care of the feeble-minded which is scattered in several commissions for investigation, control and inspection. The reformatories are not combined with the prisons. The Board of Charities instead of inspecting private agencies, shares administrative powers over miscellaneous state institu- tions, with numerous other commissions and departments and inspects state institutions. In addition, institutions presenting problems which are best solved by the educational or health authorities are controlled by a Fiscal Supervisor who completely lacks the professional point of view which these institutions require. It is generally admitted that it would be a good thing to segregate the hospitals for the insane and the institutions for the feeble-minded under the State Hospital Commission. This segre- gation would involve at least 45,000 of the 53,000 inmates in all statj institutions. The State Commission for the Care of the Feeble-minded in their recent report definitely recommend "the eventual consolidation of the state departments dealing with the insane and feeble-minded into a single agency." The only institutions now included in the so-called state charities group, which are definitely established and operated for the care of the sick, are the Hospital for the Care and Treatment of Incipient Pulmonary Tuber- culosis at Eaybrook and the Institution for the Care of Crippled and Deformed Children at West Haverstraw. Both of these are subject to the supervision of the Fiscal Supervisor of State Charities and the State Board of Charities, neither of which is qualified to handle the medical problems which are involved. In the Department of Health there is a Division of Tuberculosis, the duties of which are to supervise and direct all the tuberculosis activities of the state, to inspect and improve sites, plans, construction and equip- ment of county tuberculosis hospitals, to administer the tuberculosis law and the laws and regulations relating to it, to inspect tuberculosis hospitals and to aid in establishing and administering them. This division is well fitted to administer a state tuberculosis hospital and great benefit would result from the use by the division of this hospital as a laboratory of research and point of contact with actual problems of administration. The State Board of Charities in their report for 1917 state that the Hospital for the Care and Treatment of Crippled and Deformed Chil- dren at West Haverstraw " is a hospital doing specialized work in all branches of the orthopoedic field. In the early part of the year it received 178 Report of Eeconsteuction Commission some cases of infantile paralysis and with others it disseminated general preventative information during the season of the whole acute epidemic of this disease last year." In this connection it should be noted that it is provided by law* that the Commissioner of Health shall take cognizance of the interests of life and health of the people of the State and all matters pertaining thereto. It is the judgment of many who have analysed this problem that the fimctions of the Bureau of Child Plygiene of the Department of Health should be so expanded as to include specific responsibility for all health problems pertaining to crippled and deformed children, in order that a definite and specific program may be formulated with reference to their care and treatment. There are a large number of crippled and deformed children on the waiting list for admission to the State Hospital for Crippled and Deformed Children. An eminent specialist on this subject, Dr. Kussell A. Hibbs of New York City, states that there are large numbers of children in need of treatment who have never been identified and recorded. The Bureau of Child Hygiene in the State Health Department working with similar city bureaus is in the best position to study the scope of this problem. For the sick poor, the greatest charity is scientific medical treatment, which is essentially the function of the Department of Health. The functions of the Thomas Indian School for indigent Indian chil- dren at Iroquois are primarily educational. The co-ordination of the work of this institution with the educational system of the State can be effected only by the transfer of the supervision which is at present exer- cised by the State Board of Charities and the Fiscal Supervisor to the State Department of Education, as was done during the past yeax in the case of the School for the Blind at Batavia. In this way the development of a proper relation between all schools for the Indian and other children of the State and the solution of the difficulties arising from a long waiting list of pupils desiring to enter the Thomas Indian School will be brought about. The scattering of control and division of responsibility which have hindered the development of sound modern policies of administration are particularly apparent in the case of the eighteen charitable institutions. For instance, there is confusion in determining a building program because the responsibility is divided between the State Board of Charities, the Fiscal Supervisor, and the Building Improvement Commission. In the case of the adjustment of salaries, the Fiscal Supervisor, the State Board of Charities and the Salary Classification Commission all have responsibility. The Fiscal Supervisor, the State Board of Charities, * Laws of 1909, chap. 409. Dept. of Mental Hygiene, Chahities and Coekection 179 and the Central Supply Committee all have to do with the purchasing of supplies. Again, the State Board of Charities and the Fiscal Super- visor are both responsible for the policies of administering the charitable institutions. Mr. Herbert F. Prescott, formerly Deputy Fiscal Supervisor, pointed out to the Legislature at its extra session in 1914: " The institutions in the charities group are visited and inspected by ten state departments and two private associations. In addition to the Fiscal Supervisor and the State Board of Charities, the investigating bodies include the State Chari- ties Aid Association, the State Architect, Commissioner of Health, Com- mission of Prisons, New York Prison Association, Conservation Commis- sion, and the Department of Education. They are overrun daily with inspectors and official visitors whose chief function appears to be to criticise conditions over which the managers have practically no control. This fact is quite as well known to the inspectors as to the managers, and for several years past it has been common for the inspectors of one Department to criticise another Department over the shoulders of the managers by pointing out that the managers are not to blame for the conditions criticised. The effect is demoralizing." Commissioner Strong states in his report : " The f ramers of the Constitution remain silent with respect to any system of administration for the state charitable institutions — legislation is, in the main, respon- sible for this multiplicity of control and division of responsibility. Following the adoption of the Constitution of 1894 and down to the close of the legislative session of 1915, there was enacted such a mass of legislation regarding the administration and supervision of state charitable institutions that it defies my powers to tell just where the responsibilities for the discharge of many important functions lie. In particular, the dissection and distribution of legislative enactment of powers and duties among the State Board of Charities, the Fiscal Super- visor, the Comptroller, the State Architect and some of the smaller com- missions, usually taking the form of new legislation without repeal of old, make it impossible often to say who is the responsible officer. To add to the confusion, the Attorney-General has held that the Fiscal Super- , visor has absolute control, and the same Attorney-General has held that the Fiscal Supervisor has only advisory powers in passing upon the esti- mates and expenses." The Boards of Managers of these state charitable institutions as a rule are made up of competent persons who are ready and anxious for humanitarian reasons to assist in eveiy possible way in the care, treat- ment, education and employment of the defectives, dependents and delin- 180 Report of Eecoxsteuction Commission quents of the State. Such assistance as these people offer brings the advantages of friendly constructive criticism, and is often the source of some of the best ideas in the solving of the various problems. The benefit, however, of their assistance has been largely nullified because they must communicate with one state agency after another in order to emphasize an idea or plan. This difficulty of obtaining definite and conclusive opinions on recommendations and the frequency with which their ideas are side-tracked and their plans checked or revised tend to destroy the effectiveness of the service which is voluntarily offered to the state. Plans once adopted by the Managers are subject to revision by a large number of Boards and Commissions as already indicated, some of whom necessarily are not as familiar with or as capable of judging the work as the Managers themselves. In a recent report on the administration of these institutions it was stated that " the situation has reached a point where it is surprising that persons of adequate capacity and independence can be found to serve upon these local boards. Natural initiative by these Managers has been largely smothered by this system." The Superintendents of the charitable institutions are often prevented from doing good work of which they are capable because of these same checks, criticisms and revisions. The Departments which are genuinely interested in constructing sound policies with reference to institutional administration are handicapped because of the existence of other Depart- ments which have as their aim a totally different object. Commissioner Strong further stated in his report, "based upon my own experience as President of the Board of Managers of the Jfew York State Training School for Girls at Hudson, for about ten years as well as upon the evidence before me, I believe that I am safe in saying that so much of the time of the institution Superintendents — as fine a body of experts as probably can be found in the United States — is given up to the struggle to obey so many adverse comments and suggestions from super- vising departrnents that they have no time and strength left to give the best there is in them to the unfortunates committed to their care." Mr. Franklin H. Briggs on resigning the super intendency of the New York Training School for Boys stated that " it has become the policy of the State to employ men and women at high salaries to take charge of its institutions and then make it impossible for them to perform the func- tions for which they are employed by setting over them more than twenty Departments, Commissioners, Boards and officials, several of them with a lot of inspectors to prevent the same Superintendents from doing that for which they are paid." Debt, of Mental PIygiene, Chaeitibs and Cokkection 1 SI 2, The Fiscal Supervisor and other Departments are entirely ujinecessary if there is a proper grouping of institutions and funetions. As indicated above, the following agencies : Fiscal Supervisor Salary Classification Commission Building Improvement Commission Hospital Development Commission Commission for the Care of the Feeble-Minded Board of Examiners of the Feeble-minded share with the State Board of Charities control over the group of so-called state charitable institutions and serve to prevent a proper distribution and co-ordination of institutions and functions. The Fiscal Supervisor, a non-professional officer, in practice not only supervises the fiscal affairs of these institutions but actually " manages and controls in everything ... in spite of the fact that his depart- ment is not qualified to appraise the professional needs of the institutions." The Finance Law provides that " the Comptroller shall superintend the fiscal affairs of the State." The Comptroller should be solely responsible for the making of an independent audit of all the expenditures of the institutions. At the time of the creation of the office of the Fiscal Supervisor, the State Board of Charities opposed it and at the present time the State Charities Aid Association is on record against it. Mr. Charles H. Strong, commissioner appointed by Governor Whitman to make a study of the management of the charitable institutions, after an exhaustive investigation, stated in his report : " I recommend the abolition of the office of the Fiscal Supervisor of State Charities." Governor Whit- man recommended the abolition of the office of Fiscal Supervisor in his message to the legislature on January 5, 1916. A saving of at least $50,000 can be effected through the abolition of the office of the Fiscal Supervisor. The Salary Classification Commission which deals only with personal service in the charitable institutions has not even developed for these insti- tutions a classification of the various positions into grades on the basis of qualifications and duties. Commissioner Strong states in his report: " The main criticism of the Salary Classification Commission by institu- tional heads is based upon the alleged delay in action upon requests . . . one reason for the delay in the work of the Commission is the insufficiency of meetings of the Commission, although it does meet as often as required by statute." Another reason is the fact that it is an ex-officio board and the responsibility for the handling of these problems is not definitely 182 E'epoet of Reconsteuotion Commission located. Again with reference to the Salary Classification Commission, Governor Hughes, in his message to the Legislature of 1908 stated: " While the state is the one employer, there are diversities in existing classifications and in the means of fixing salaries which are wholly un- necessary and subject the State to serious disadvantage. In some cases one portion of the state service, in effect, competes with others and the want of harmonious action breeds wide dissatisfaction." The facts concerning the work of the Building Improvement Commis- sion composed of the Governor, the President of the State Board of Chari- ties and the Fiscal Supervisor brought out by Commissioner Strong in his report, are sufficient to show that the President of the State Board of Charities was correct when he characterized it as a " useless commission." Mr. Strong said: "A reading of the minutes discloses that the Governor was called upon to give his time to the careful consideration of such matters as a shack over a wood cellar ; plaster in a toilet room ; the re-setting of register frames for $8; one extra drop light; a piggery and a hen house." "Although the Commission was established in 1902, no minutes of any meeting of the Commission could be found prior to February, 1905." " The Commission failed to approve an important contract already a month old because the Commission has no report submitted to use as a convenient means of endorsing approval." " One meeting was held at which the only member present was the President of the State Board and the minutes recited that the Fiscal Supervisor was ' on telephone call ' and yet motions were made, seconded and carried unanimously. Present : President of the State Board of Charities; Fiscal Supervisor, later supporting all actions taken at the meeting." If institutions are properly grouped, the Hospital Development Commis- sion is unnecessary. The problem of the feeble-minded will be entrusted to the administrative agency responsible for the insane. The development of hospitals will be recommended by the heads of this agency through tlie Governor to the Legislature. The leaders of the Legislature should have no difficulty in investigating and keeping in touch with the hospital pro- gram without a special commission. The Commission for the Ca,re of the Feeble-minded would be unneces- sary for the same reasons. The psychiatrist at the head of this Commis- sion would naturally and logically become a consultant on the feeble- minded for the combined insane nnd feeble-minded group. Dept. of Mental Hygienjb, Chaeities and Correction 18S' With reference to the Board of Examiners of the Feeble-minded, Crim- inals and other Defectives, it should he pointed out that the question of the constitutionality of this law which provides for the performing of opera- tions to prevent procreation, is still undecided. In l^ew Jersey a similar law has been declared unconstitutional. Because of the uncertainty of the constitutionality of this law, no operation has been performed in New York State. The Chairman of the Board declared, however, that two hundred cases had been examined and all had been registered for operation. At any rate, this is clearly a function which would be transferred to the other authorities responsible for the insane and feeble-minded. 3. The prison problem is unduly complicated by the presence of alien prisoners who are properly charges of the Federal Government. At the present time both native and foreign bom prisoners are con- fined in the penal institutions. During 1918 the total prison population was 4,203 and of these 1,711 were foreign born of whom only 275 were citizens. The total cost of maintenance of these alien prisoners for the year ending June 30, 1918, was $423,620. On this subject, the following paragraph appeared in the annual report of the State Superintendent of Prisons in 1909. " It is apparent to all that the interests of this country would best be served by the exclusion of this undesirable class of immigrants who claim and receive the protection and benefit that our form of govern- ment affords, but disregard our laws. If, however, they are to be permitted to enter our ports with no further restrictions than the present laws and system of inspection impose, it is just and equitable that the individual states in which they may chance to locate and who are powerless to exclude or deport them should be obliged to bear the expense of maintaining these criminal aliens in their penal institu- tions, or that the discipline of such institutions should be demoralized and reduced in effectiveness by their presence ? They are a class by themselves. Our modern methods of penal administration and con- trol do not fit them. They should be segregated and treated as a class and it would seem but right that the Federal Government, which permits these alien criminals to land on its shores, should assume the burden of maintaining them when they are convicted of crime and that it should provide prisons where they may be kept by themselves and where the systems of discipline, education and training shall be especially adapted to apply to this distinctive class of prisoners^ When they have served their terms they should be deported and never allowed return here." 184 RePOET of RecONSTKUCTION CoMMISSIOIf The following analysis shows in detail the number of these prisoners, and the cost of maintaining them in each year since 1912: Yeab Prison lation Native bora Foreign born Per capita Total maintenance Cost of maintenance of aliens Alien Citizen Total 1912 4,516 4,604 4,852 5,284 5,369 4,422 4,203 2,796 2,830 2,990 3,149 3,343 2,736 2,492 1,426 1,445 1,556 1,723 1,697 1,358 1,436 294 329 306 312 329 328 275 1,720 1,774 1,862 2,045 2,026 1,686 1,711 $163 69 174 88 180 42 138 86 ISO 10 ♦232 72 296 00 $748,732 19 814,583 69 875,029 16 983,179 29 813,853 90 ♦1,136,859 44 1,259,075 82 $233,421 94 1913 252,701 60 1914 280,733 52 1915 352,405 78 1916 254,719 70 1917* ♦316,033 76 1918 423,620 00 Total $0,631,313 29 $2,076,636 30 ♦ Nine months. By making these prisoners federal charges, pressure would be brought to bear on the national government to deport theiji after their terms were served, and refuse them permission to return. This move would be in accord with a sound Americanization program. The best method of shifting this burden to the national government would be to have the Governor call a meeting of the senators and repre- sentatives of 'Congress from the State of New York, and to ask them to introduce and support a bill to make this proposal effective. It would also be desirable to take up this question with the Governors of other States so that they can take similar action at the same time. 4. No provision is made for a central agency either administrative or merely advisory and investigational to co-ordinate the charitable and correc- tional work of the State. The present system does not provide for co-ordination and uniformity in the following important fields : Fiscal and budgetaiy methods. Labor and industries in the various groups of institutions. Classification, recruiting, employment, promotion, retirement and general welfare of the ten thousand institutional employees.* Care of delinquents and defectives. Institutional expansion and the most economical use of existing facilities. Reports of the work, aims and needs of the various institutions. These points are discussed briefly in order below. The control of the estimates! of the penal institutions has been criticized for being too lax : that of the charitable institutions for being too strict. The Wardens o fthe penal institutions have been permitted to make pur- Dept. of Mental Hygiene, Chaeities and Coeeection 185 chases before submitting estimates. The Superintendents of the charitable institutions have been prevented from taking reasonable advantage of a low market and tied down to such an extent that initiative has been smothered. There is at present no uniformity in the preparation and approval of estimates, the audit of bills and the expenditure of money appropriated. At the present time each group of institutions has a separate and differ- ent system of accounting. The Comptroller in accordance with the law prescribes the segregation of expenditures according to a particular form, but this form in itself is not sufficient to give the required information to those who administer the institutions, such as special studies of per capita costs. Fiscal control of institutions is somewhat different from other types of fiscal control in that the unit is the individual inmate and the cost per inmate or department is the basis for comparisons and also for appropriations. The institutions should so far as possible have uni- form accounts and co-ordinated estimates. There is no central agency at this time to consider the financial prob- lems common to all institutions, such as specifications, the selection of markets, the making of tests and examinations, the determination of those articles which may advantageously be purchased by joint contract. A central institutional agency would be in a position to gain by the advice and co-operation of a central supply agency for all state departments and, in turn, to give assistance to such an agency in considering problems of institutional purchasing. The amount of the State's funds which are expended for the purchase of supplies, materials and equipment for insti- tutions is too large to allow so many individuals and agencies to act independently without at least attempting to work out a common policy and standard methods. At the present time there is no effective co-ordination of labor in the various groups of institutions. Some institutions have a large excess of labor, while others have a great deficit. The total area of the grounds of the hospitals for the insane is 5,643 acres and of the charitable institu- tions is 18,527.47 acres. Over half of this acreage is under cultivation. These cultivated grounds actually produced a net profit in farm products during the fifteen months ending December 31, 1916. Cooperation between all institutions is now impossible because of the number of departments concerned, the absence of a central authority or clearing house and the necessarily limited views which the present institu- tional heads take of their functions. The Hospital Development Com- mission in their report of the past year stated, " the Commission recognized the great therapeutic value of these farms for they provide healthful labor for insane, feeble-minded, criminals and other wards of the State. 186 E'epoet of EEcojrsTEUCTio:^ Commission This is especially true of the insane and it is the consensus of opinion among the hospitals that from the standpoint of cure alone, these farms are well worth their cost to the State." ..." While there is a great difference in the percentage of profit in the various institution farms some running high and some even showing a loss, this is not entirely due to management as the capital investment and the quality of soil vary very materially in the different institutions, but we feel sure that with proper management every institutional fann can show a profit and that with further development a large and increasing propor- tion of the food necessary to support the various institutions can be produced on the farms." As in the case of agriculture there is at the present time, no incentive for one institution or group of institutions to develop and maintain industries which would be of assistance to institutions in other departments. There are some exceptions. In the prisons, emphasis is laid on a program of industries which produced^ a net return last year of $8'84,435. In the Eochester State Hospital for the Insane, soap is manufactured on a large scale which is used by a number of other hospitals for the insane. In Utica, coffee is roasted for all of the hospitals for the insane and some of the general institutional printing is done at this institution. Co-operation is lacking among the institutions in the making and repairing of clothes, shoes, furniture, harness, implements, roads, reser- voirs, machinery and buildings. It should also be pointed out in this connection that where all of the institutions are concerned in the raising, planning, distributing and consumption of farm products, in the plan- ning and operating of various industries and in the making and repairing of clothes, shoes, furniture, machinery, buildings, etc., it would be sound business to make investments for their development. Specialization of occupations in one or more institutions is most desirable. If each insti- tution is to be regarded as a separate unit, or each group as a separate group, such investments are not advisable. At present there is no uniform and definite policy as to the classifica- tion, recruiting, employment, promotion, retirement and general welfare of the ten thousand employees in the institutions. In the state hospitals, prisons and other institutions, there are about ten thousand employees or about forty per cent of the total personnel of the state government representing a total annual payroll cost of $5,187,076.34, exclusive of cost of maintenance. Not only do the salaries and wages of the same class of employees differ greatly in the various institutions and groups of institutions as was indicated by the report of the Senate Committee on Civil Service, published in 1916, but the Dept. op Mental Hygiene, Chaeities and Coekection 187 methods of recruiting, employing, promoting, maintaining, retiring and looking after their general welfare vary to just as great an extent. Each institution or group of institutions develops its own policy and methods. In many institutions funds may he made available through savings in other activities so that more favorable schedules of wages may be adopted than in other institutions where such savings are not possible. In some institutions good accommodations are offered to employees, v/'hile in others the accommodations are poor. In some institutions the welfare work for employees is well organized including, for example, recreational centers, while in others no such facilities exist. The Hospital Develop- ment Commission in their recent report state, " employees with duties almost entirely disagreeable and often revolting, have sleeping rooms improperly lighted and ventilated, over kitchens or in the midst of bedlam." Many of these bad conditions exist because of unreason- able economy, but they are also due to a great extent to the fact that there is no central agency charged with the study of employment con- ditions and with the establishment of definite and specific standards. iSuch a central agency could be of great assistance to the various superintendents, because there are many problems in connection with the administration of personal service which are common to all institutions. All institutions, for example, have their difficulties in securing and retaining employees. The sources of supply of employees which ai-e the same for all institutions must now be studied separately by such institutions. In the case of some institutions, the favorable location and the untiring efforts of the superintendent have made it possible to secure sufficient qualified and loyal employees, while in the case of others this has not been possible. All institutions offer much the same kind of employment. All institutions have to face the same difficult problem of a " turnover " which for some position involves an average of four or five changes during the course of a single year. The present system does not provide the proper co-ordination of care of delinquents and defectives. The studies by the Hospital Development Commission, tlie Prison Commission, the State Board of Charities and the Commission for the Care of the Feeble-Minded show conclusively that the problems connected with the care of delinquents and defectives are inextricably intenvoven. The relation of the work of the Hospital Com- mission, the Prison Commission and the Superintendent of Prisons, par- ticularly in the case of Matteawan and Dannemora emphasizes this fact. The Hospital Development Commission in their recent report state that " of 1,007 cases of delinquents studied, thirty to forty per cent were found to be feeble-minded and of 740 delinquents examined between twenty to 188 Kepokt of Eeconsteuction Commission twenty-nine per cent were found to be feeble-minded and recommended for permanent custodial care. Feeble-mindedness and delinquency are so inter- woven that they must be studied together in considering the problem of the care of the feeble-minded." The special committee of the Prison Commis- sion reported recently " the importance of sifting out the mentally abnor- mal from other inmates of these institutions has long been recognized and earnestly advocated. The State Board of Charities in their last report (page 44) state, "year after year the relation of feeble-mindedness tr crime, prostitution, poverty, shiftlessness and general helplessness has become more apparent." The New York State Commission to Investigate Provision for the Mentally Deficient estimated in 1915 that the feeble-minded form fifteen per cent of the inmates of our prisons and at least forty per cent of those in girls' reformatories and twenty per cent of those in boys' reformatories. The special committee of the Prison Commission also reported that " authenticated faets are at hand to indicate that at least fifty per cent of the inmates of prisons and reformatories in IsTew York State exhibit mental abnormalities which are in need of much more specialized treat- ment than is aft'orded by the ordinary methods employed in the average penal institution." The committee also found recidivism to be the crux of the whole criminal problem, that eighty-seven per cent of the 2297 felons received into the state prisons in 1917 were repeaters, and that the most important single factor found associated with chronic criminal- ism is the abnormal mental condition of the criminal himself." The Governor in his recent inaugural address said " a large percentage of the feeble-minded eventually come under the care of the State whether it be through charitable institutions or through prisons. The various localities have their burdens of caring for the feeble-minded in local cor- rectional institutions. I believe the State might well take care of them in the first instance." This analysis shows that both consolidation of the institutions for the insane and feeble-minded and the creation of some kind of a central agency responsible for the development of policy for the care of the feeble- minded and the other state charges are needed. It is only through the proper professional and scientific consideration of these problems that the State can determine what percentage of the dependents, defectives and delinquents must be entirely cared for by the State, and what percentage can be provided for in some other way. The Commission for the Care of Feeble-Minded in their report clearly indicated that it was their belief that there should be very close co-opera- tion between those charged with the care of the feeble-minded and these Dept. of Mental Hygiene, Ciiaeities and Corkection 189 in charge of delinquents, dependents and other defectives. They specifi- cally state that they found it necessary to hold conferences with the Prison Commission and the Hospital Commission. There is at present no co-ordination in planning institutional expan- sion on the basis of the needs for the accommodation of all inmates in all institutions who are properly state charges. Before any building program can be undertaken it is necessary to know what the obligations of the State are with reference to the care of the inmates. This can only be done by having some properly qualified central agency make a census of the insane, the feeble-minded and other defec- tives, dependents and delinquents on the basis of which a program can be planned and developed. This will make possible also a re-distribution of the inmates already in the institutions on the basis of the need of accom- modations, professional care, available space, etc. Again, the question of geographic needs can be given proper and adequate consideration; At the present time there is in some institutions appreciable over-crowd- ing whUe in others there is available space which can be utilized. The hospitals for the insane are over-crowded. The insititutions for the feeble- minded will accommodate 6,000, although there is no definite policy as to how many of the feeble-minded in the State are properly state charges. The reformatories for men are by no means using the accommodations available. Some of the reformatories for women are somewhat over- crowded. The prisons are not using all available space. The institution for soldiers and sailors and their wives and widows is not used to capac- ity. One institution, the State Farm for Women at Valatie, with a capacity of fifty inmates has actually been closed. This clearly indicates that there is need of some definite policy with reference to taking care of all state charges and of preventing over-crowding in some -institutions when there is space available in others. At present there are many unnecessary reports and an absence of uni- form and concise statements of the work, aims and needs of the institutions. A large number of reports of departments, institutions, and boards must be read, studied and compared before it is possible to obtain any satisfactory knowledge or idea of the care of state charges. It is imperative that there be some simplification and co-ordination in the presentation of this important infoi-mation. A former Deputy Fiscal Supervisor stated, "each month the Governor receives the minutes of seventeen Boards of Managers with an accom- panying report of their visit of inspection to the institution under their control. These reports range in size from five to seventy-five pages. At a 190 Kepoet of Recoxsteuotion Commission conservative estimate they aggregate over three thousand pages a year. He also receives two reports a year from the Fiscal Supervisor." . . . " How much is humanly possible for the Governor to know about these various things in addition to the other work required of him is an interesting subject for conjecture." In addition to the Boards of Man- agers of the several institutions of the hospital and charities group, the control departments of the prisons, hospitals and charitable institutions and the state agencies which are required to visit and inspect state institutions, prepare and submit reports. Including the monthly reports of Boards of Managers, there are approximately two hundred and twenty- five reports which are received by the Governor each year. The task of reading these thousands of pages if they were read would be tremendous but this task would be still further increased by the fact that there is an entire lack of standardization and uniformity in the reports. While there must necessarily be a difFerence in the subject matter, there can be no good reason for not having in similar comparable form financial statements and statements regarding farming, industries, per capita and other institutional costs, and statistics regarding admission, population, transfer, discharge and other inmate statistics. It would be easy to develop a satisfactory form for the uniform presentation of facts con- cerning the purchase of supplies, estimates, requested appropriations, food costs, etc. Such facts as these presented uniformly would be of great value to those who are interested in the management of the state institutions. Only in rare instances is there any evidence of co-operation between the various institutions and departments of one group with those of another. Consolidation under a board of control or singrle commissioner versus re-grouping and co-ordination. It is obvious from the foregoing discussion that what the State needs in the correctional, charitable and institutional field is a re-grouping of institutions and activities into logical units and same periods of co-ordinat- ing the new units. As a first step unnecessary and overlapping agencies must be eliminated. The troubles of New York State in this field have been paralleled in almost every other State in the union. The remedy tried in most States has been consolidation under boards of control or single commissioners or directors. In New Jersey there is a State Board of Control of Institutions and Agencies* composed of the Governor, ex-officio, and eight residents of the * Laws New Jersey 1918, chap. 147.) Dept. of Mental Hygiene, Chaeities and Coekbction 191 state (one must be a woman) who are appointed for overlapping terms of eight years by the Governor, subject to confirmation of the Senate. The members are subject to removal by the Governor at any time for good and sufficient cause. The Commissioner of Institutions and Agencies, the chief executive and administrative officer of the Board, is appointed by the Board and holds office at their will. The Board has " complete and exclusive jurisdiction, supreme and final authority and the requisite authority to accomplish its aims and purposes in and upon the fifteen state institutions for the insane, feeble-minded, epileptic, juvenile delinquents, adult delinquents, tubercular patients, disabled soldiers and the blind." The Board of Control also appoints the local Boards of Managers. A report of the Consolidation Commission of the State of Oregon to the last Legislature proposed the transfer of the Board of Control, which is the managing and governing body of the charitable and correc- tional institutions to a Department of Public Welfare under a Commis- sioner of Public Welfare to be appointed by the Governor, including also in the new department the Secretary of the State Parole Board, and the State Parole Officers, at present separate. Idaho has just enacted into law an Administrative Consolidation Bill which provides for nine civil administrative departments at the head of each of which there is a Commissioner appointed by the Governor and removable at his discretion. The Department of Public Welfare, one of these Departments, exer- cises the rights, powers and duties of the former Director of Sanatoria, the Trustees and Officers of the Soldiers' Home, the State Board of Health and the Secretary of the State Board of Health and their officers, the Bureau of Vital Statistics and its officers, the Dairy Food and Sani- tary Inspector and his deputies and the State Chemist. Wisconsin established in 1881, the first centralized Board of Control for the management of state institutions in the United States which has supervision over hospitals for the insane, reformatories, prisons, institu- tions for the feeble-minded, and a number of other institutions. Since the Wisconsin Board was established there has never been any sentiment in favor of abolishing it. Every Legislature has imposed new powers and duties upon the Board. The legislature has given to this Board the parole power, with executive approval. This Board is also the state probation board. In Nebraska there is a State Board of Charities and Corrections. There are five members on the Board appointed by the Governor with the advice and consent of the Senate. A recent law provides for the con- 192 Eeport of Eeooksteuction Commission solidation of institutional activities in a Department of Public Welfare under a Secretary appointed by the Governor. In Khode Island there is a Penal and Charitable Commission consisting of nine members appointed by the Governor with the consent' of the Senate. The Board of Control in Washington consists of three members appointed by the Governor vpith the advice and consent of the Senate, and removable by him at his discretion. There are tvv'elve state institu- tions, which the State Board of Control has full power to manage and govern. In addition it has charge of the parole work of the four penal and reformatory institutions. The Board also does all of the purchas- ing for all of the institutions and has personal charge of the construction of all buildings. It also has the power of appointment and removal of the Superintendents. In Minnesota there is a State Board of Control consisting of three mem-, bers appointed by the Governor with the consent of the Stoate. There are also a Board of Visitors of Public Institutions whose duties are to make investigations and examinations, and a Board of Women Visitors whose duties are confined to the Home School for Girls and the State Reforma- tory for Women. In Ohio there is a Board of Administration which is the executive head of all state institutions in addition to the Board of State Charities whose duties are inspectional and advisory with respect to public and private institutions. The four members of the Board of Administration are appointed by the Governor for terms of four years and may be removed by him for cause. The Iowa Board of Control consists of three members appointed by the Governor by and with the consent of the Senate. The Board has super- vision of fifteen state institutions. The State Board of Control of West Virginia is composed of three mem- bers chosen from the two largest political parties and appointed by the Governor for terms of six years. The Board of Control of Vermont consists of the Governor, the State Treasurer, the Auditor of Accounts, the Director of State Institutions and a person appointed by the Governor with the consent of the Senate, for a term of two years. The Director of State Institutions, who is appointed by the Governor with the consent of the Senate for a term of two years, has the general care, control and management of all state institutions, including the Hospital for the Insane. In Illinois there is a Department of Public Welfare which has super- vision over all the state hospitals for the insane, the institutions for delinquent boys and girls, the homes for old soldiers, soldiers' widows and Dept. op Mental Hygiene, Ohaeities and Correction 19S' soldiers' orpliaiis, the penal institutions and the Board of Pardon and Parole. At the head of the department is a Director responsible to the Governor. This department is one of the nine departments under the Governor provided for in the Civil Administrative Code of 1917. The Code provides for appointment by the Governor of six Superin- tendents of Divisions, namely, a Superintendent of Charities, Superinten- dent of Prisons, Superintendent of Pardons and Paroles, Fiscal Super- visor, Alienist and Criminologist ; but the selections are actually made by the Director and approved by the Governor. The Director appoints all managing officers of institutions; everybody below the managing officer being under civil service. The Department has organized itself along corporation lines, adopting the type of organization known as the line and staff, in which all executive officers are of the line, and all advisory officers are of the staff. The Alienist and Criminologist, for example, as well as the physicians at the state hospitals, are staff officers, the first two being members of the Director's staff, and physicians being members of the managing officer's staff. Their functions are advisory and they give no orders for execution. It may be likened to a corporation of which the Director is president; the various Superintendents of Divisions mentioned above being vice-presi- dents in charge of various operations; and the managing officers being superintendents of plants. The success of these consolidations under boards of control or directors is much debated by students of charitable, correctional and institutional work. It is only fair to say that in the states which have consolidated these activities there is no disposition to go back to old methods and very- general satisfaction with the results achieved. There appears to be a certain amount of criticism by heads of individual institutions on the ground that they have been deprived of initiative and independence and have become cogs in a machine which aims primarily at economy rather than care of state wards. Assuming that consolidations have been a success elsewhere, the ques- tion arises as to whether this very drastic stejj is advisable in Ifew York State to remove the existing confusion, bearing in mind that no other State has a problem in this particular field remotely approaching that of New York in size and complexity. Without discussing at length the argu- ments for and against complete consolidation, the conclusion has been reached that such a step is not advisable and that by abolishing unneces- sary agencies, re-grouping and combining institutions on a logical basis and establishing a clearing house for advice and investigation of the problems common to the new groups, all the benefits of consolidation may be obtained without the evils which many apprehend. 7 194 Kepoet of EEcoNSTEUCTioif Commission Proposed Oi^anization. It is recommended that the Hospital for the Care and Treatment of Incipient Tuberculosis and the Hospital for the Care and Treatment of Crippled and Deformed Children be transferred to the Department of Health; that the Thomas Indian School be transferred to the Depart- ment of Education and the Soldiers' and Sailors' Home and the Woman's Relief Corps Home to the Department of Military and ISTaval Affairs. The number of inmates of the soldiers' homes is of course smaller every year. These institutions will ultimately he turned over to the Depart- ment of Mental Hygiene. It is recommended that the duties and responsibilities of the following departments, boards and commissions: Hospital Commission. Hospital Development Commission. Board of Retirement. State Board of Charities. Fiscal Supervisor. Salary Classification Commission. Building Improvement Commission. Board of Examiners of Feeble-Minded Criminals and other Defectives. Commission for the Care of Mental Defectives. Superintendent of Prisons. State Commission of Prisons. Board of Parole. Probation Commission. Board of Classification, be consolidated under the following: Department of Mental Hygiene. Department of Charities. Department of Correction. And that in addition there be created an advisory and investigational Council of Public Welfare composed of the heads of these three Depart- ments and the Commissioners of Education and Health, as a clearing house for public welfare. The Department of Mental Hygiene will be under the direction and control of a Commission on Mental Hygiene, composed of a physician required to have ten years' experience in the care and treatment of the insane in an institution for the insane ; a reputable attorney of ten years' standing and a reputable citizen, all appointed by the Governor with the Dept. of Mentai Hygiene', Chaeities and Cokkection 195 advice and consent of the Senate, to bold ojffice during good behayior in tbe case of tbe pbysician, and for six years eacb in tbe case of the otber two members. Tbe pbysician will be tbe Chairman of tbe Commission. While there are strong arguments for a single head of tbe Department, tbe fact that tbe Hospital Commission has functioned satisfactorily leads us not to recommend any change at tbe present time. If the Department were new, we sboidd recommend a single bead in accordance with tbe principles laid down in Part I of this report. Tbe Commission on Mental Hygiene is to be responsible for tbe formulation of policies for tbe care of tbe insane, feeble-minded and epileptic ; is to direct and be responsible for tbe administration of all state institutions for tbe insane, feeble-minded and epileptic and is to visit and inspect all homes, institutions or otber places within tbe state where the insane, feeble-minded and epileptic are detained. Tbe present state institutions to be placed under their jurisdiction are the following: Bingbamton State Hospital. Brooklyn State Hospital. Buffalo State Hospital. Central Islip State Hospital. Gowanda State Hospital. Hudson River State Hospital. Kings Park State Hospital. Manhattan State Hospital. Middletown State Hospital. Rochester State Hospital. St. Lawrence State Hospital. IJtica State Hospital. Willard State Hospital. Dannemora State Hospital. Matteawan State Hospital. Craig Colony for Epileptics. !N"ewark State School for Mental Defectives. Rome State School for Mental Defectives. Syracuse State School for Mental Defectives. Letebwortb Village. Tbe Department of Charities will be under tbe direction and control of a Board of Charities composed of twelve members, one from each of the nine judicial districts and three additional members from ISTew York City appointed by the Governor with tbe advice and consent of the Stenate. Two members are to be appointed eacb year for terms of six years. At tbe time of appointment one will be designated President and will retain 196 Repoet of Eeconsteuction Commission the position unless otherwise removed. The Board will appoint a Secre- tary who will manage all the affairs of the Department subject to the approval of the Board. The Board of Charities will visit and inspect all county, municipal, incorporated or not incorporated institutions which are of a charitable character, including private institutions whether receiving public aid or not, excepting reformatories, prisons and other correctional institutions and institutions for the insane, feeble-minded and epileptics. The Department of Correction which will be responsible for developing and administering the State's policy with reference to the care of juvenile and adult delinquents is to be under the direction of a Commissioner of Correction appointed by the Governor with the consent of the Senate and serving at his pleasure. Under him there will be the following state correctional institutions : Auburn Prison. State Prison for Women, Auburn. Clinton Prison. Great Meadow Prison. Sing Sing Prison. Weston House of Refuge for ^^Jomen. New York State Reformatory for Women. New York State Reformatory. New York State Training School for Girls. State Agricultural and Industrial School. Eastern New York Reformatory. House of Refuge. State Farm for Women. State Training School for Boys. State Reformatory for Misdemeanants. State Farm for Vagrants. In the Department of Correction there will be also a Council of Cor- rection which will advise and inspect state and local correctional insti- tutions and supervise parole and probation. This Council will be com- posed of five members (of whom at least one shall be a woman) appointed by the Governor with the consent of the Senate for overlapping terms of five years each. The Council will appoint a paid Board of Parole and Probation who will be responsible for all matters pertaining to pro- bation and parole and will serve at the pleasure of the Council. In addi- tion, the Board of Parole and Probation will conduct preliminary hear- ings on pardons when requested by the Governor. The duties of the present Prison Commission of inspecting local institutions will devolve upon the Council of Correction. Dept. of Mental Hygiene, Chaeities and Coeeection 197 For each of the several institutions under the Department of Mental Hygiene and the Department of Correction, including the prisons, there will be a Board of Managers consisting of seven members (of whom not less than two shall be women) appointed by the Governor with the advice and consent of the Senate. The terms of the members of the Boards will be seven years, one expiring each year. At least two of the Managers of each institution will visit and inspect the institutions once in each month and the diities of visitation will be so assigned that visits shall be made by a majority of the managers quarterly and by the whole Board semi-an- nually. They will visit the inmates of prisons in seclusion and investigate care and feeding. They will investigate any sudden death, accident or injury. They will have access to books, records and accounts and will be admitted at all times to the premises and buildings. They will make investigations at the request of inmates, oificers or employees of the insti- tutions. They will have power to require the attendance of the Superin- tendent or any other officer or employee of the institution at any time and to take testimony. The Commission on Mental Hygiene and the Commissioner of Correction will appoint, subject to approval of the local Boards of Managers, as often as a vacancy occurs, a Superintendent for each of the institutions under their supervision, excepting the prisons. The Superintendent may be removed by the Board of Managers for cause in writing, subject to the approval of the head of the Department. The Superintendents of the various prisons will be appointed by the Commissioner of Correction from a civil service list. The civil service examinations for these positions shall be open to the public, including residents of other states. The Superintendent will be the chief executive officer of the institution to which he is appointed and will administer the affairs of the institution, subject to the rules and regulations formulated by the Department. There will be also a Council of Public Welfare without administrative powers composed of the Chairman of the Commission on Mental Hygiene, the Commissioner of Correction, the President of the Board of Charities, the Conunissioner of Health and the Commissioner of Education. This Council will meet at least monthly and will conduct investigations and research and act as an advisory agency and clearing house in the general field of public welfare. Among the subjects to which the Council through its staff will give its attention are the collection and analysis of statistics ; the making of per capita and other cost studies in the maintenance and coiistruction of institutions; the determination of the proper assignment and transfer of inmates in the various groups of institutions; the study 198 E'epoet of KECo^iTSTEUCTio^^ Commission of the present county system of administration of local institutions; the study of the best use of the farms, industries and other economic materials in connection with the administration of all state institutions ; the study of the problem of the employment, compensation and welfare of institutional employees; the study of the deportation of inmates properly belonging to other states and countries and the study of methods of purchasing and distributing supplies, materials and equipment. The duties of the Coun- cil will, as indicated, be advisory only. The boards and commissions rep- resented on the Council will be solely responsible for the administration of their respective departments, and will decide whether or not to adopt recommendations of the Council. The Council will make available to each Department represented all findings and will make such studies and investigations as the members may request. The Council will appoint a properly qualified Chief of Staff who will be responsible for the development and carrying on of this program. In so far as possible the assistants of the Chief of StafF will be loaned by the several departments represented in the Council. He will appoint, subject to the approval of the Council, such additional assistants from civil service lists as ma:y be necessary to conduct the various fields of work. Summary of Eecommendations 1. There will be a Department of Mental Hygiene which will be under the direction and control of a Commission on Mental Hygiene composed of a physician required to have ten years' experience in the care and treat- ment of the insane in an institution for the insane, a reputable attorney of ten years' standing and a reputable citizen, all appointed by the Gov- ernor with the advice and consent of the Senate to hold ofiice during good behavior in the case of the physician and for six years in the case of the other two members. The Commission will be responsible for the formu- lation and administration of policies for the care of the insane, feeble- minded and epileptic, will direct and be responsible for the administration of all institutions for the insane, feeble-minded and epileptic and will visit and inspect all homes, institutions or other places within the State where the insane, feeble-minded and epileptic are detained. The physician will act as Chairman of the Commission. 2. There will be a Department of Charities to be under the direction and control of a Board of Charities composed of twelve members, one from each judicial district and three additional members from l^ew York City, appointed two each year for terms of six years, by the Grovemor with the advice and consent of the Senate. This Board will visit and inspect all state, county and municipal institutions, incorporated or not incorpo- Dept. of Mental Hygiene, Charities and Coeeection 199 rated, wliicli are of a charitable character, irrespective of whether or not they receive public aid, excepting correctional institutions and institutions for the insane, feeble-minded and epileptics. S'. There will be a Department of Correction which will be responsible for developing and administering the State's policy with reference to the care of juvenile and adult delinquents, and which will be under the direc- tion of a Commissioner appointed by the Governor with the advice of the Senate and serving at his pleasure. 4. There will be a Council of Correction, consisting of five members, of whom at least one shall be a woman, to be appointed for overlapping terms of five years by the Governor with the consent of the Senate which will advise and inspect state and local correctional institutions and super- vise parole and probation. 5. There will be also in the Department of Correction, a paid Board on Parole and Probation appointed by the Council of Correction and serving at its pleasure, to be composed of three paid members, one of whom will be a woman. This Board will parole all state prisoners, investi- gate and report on local probation system and hold preliminary hearings on pardons at the request of the Governor. 6. For each institution under the Departments of Mental Hygiene and Correction, including prisons, there will be a Board of Managers consistiag of seven members (of whom not less than two will be women) appointed by the Governor with the consent of the Senate for overlapping terms of seven years. Superintendents of institutions, excepting prisons, will be appointed by the Commission on Mental Hygiene or the Commis- sioner of Correction as the case may be, subject to the approval of the local boards, excepting Superintendents of prisons, who will be appointed as the result of civil service examinations open to the public, including residents of other states. 7. There will be a Council of Public Welfare to be composed of the Chairman of the Commission on Mental Hygiene, the Commissioner of Correction, President of the Board of Charities, Commissioner of Health and the Commissioner of Education. This Council will act as a clearing house of advice and investigation in the general field of public welfare. It will collect statistics, make studies of the maintenance and construction of institutions, proper assignment and transfer of inmates in the various groups of institutions; the best use of the farms, industries and other economic materials in connection with the administration of all state insti- tutions; the employment, compensation, and welfare of institutional employees ; deportation of inmates properly belonging to other states and 200 Eepoet of Reconsteuction Commission countries; methods of purchasing and distributing supplies, materials and equipment, and of the present administration of local institutions by counties. 8. The following commissions, boards and departments be abolished: Hospital Commission. Hospital Development Commission. Board of Retirement. State Board of Charities. T'iscal Supei-visor. Salary Classification Commission. Building Improvement Commission. Board of Examiners of Feeble-Minded Criminals and other Defectives. Commission for the Care of Mental Defectives. Superintendent of Prisons. State Commission on Prisons. Board of Parole. Probation Commission. Board of Classification. 9. The Thomas Indian School will be transferred to the Department of Education. 10. The Institution for the Care and Treatment of Crippled and Deformed Children and the Institution for the Care and Treatment of Incipient Tuberculosis will be transferred to the Department of Health. 11. The Soldiers' and Sailors' Home at Bath and the Woman's Belief Corps Home at Oxford will be transferred to the Department of Military and iN'aval Affairs. 12. These recommendations require both constitutional amendments and statutory revisions. Dept, of Mental Hygten!Ej Charities and Correction 201 Proposed Organization of Departments of Mental Hygiene, Charities, Cor- rection and Council of Public Welfare department of charities To have general super- vision over and to visit and inspect all public and private charitable institutions, socie- ties and associations whether receiving State aid or not, not including State institu- tions. Board of 12 members Secretary DEPARTMENT OF MENTAL HYGIENE To be responsible for the execution of the State's policy with reference to the care of the insane, feeble-minded and epileptic. Commission of 3 members with physician as Chairman COUNCIL OF PUBLIC WELFARE Composed of: Chairman of Commission on Mental Hygiene. Commissioner of Correction. President of Department of Chari- ties. Commissioner of Education. Commissioner of Health. Clearing house for advice, invratigation and research relating to public welfare. Chief of StaflF. DEPARTMENT OF CORRECTION To be responsible for the execution of the State's policy with reference to the care of the delinquenia of the State. Commissioner COUNCIL OF CORRECTION (5) To advise and inspect Department of Correc- tion and local correc- tional institutions and to supervise parole and probation. Secretary and Board of Parole and Probation. 202 Eepost of Eeconsteuction Commission CHAPTER 13.— PUBLIC SERVICE COMMISSIONS Present Organization Although practically every state in, the Union has introduced the policy of state regulation of public utilities, no state except New York has thus far provided two commissions to enforce this regulation. There is actu- ally a third commission in New York engaged in rapid transit construc- tion in New York City, but this is not properly regarded as a regulatory function. The public service commissions of the majority of the states are appointed by the Governor with the approval of the Senate, and in most cases the Governor has the power of removal for cause. Several states, however, provide in their constitutions for the election of public service commissions. The number of members ranges from three to five, and the terms vary from three to six years, the longer period predominat- ing. The salaries of the members range from $1,700 in Vermont to $15,000 in New York, the average salary being from $4,000 to $6,000. The upstate New York Commission has five members with overlapping terms of five years, each receiving $15,000. The New York City Com- mission has by recent legislation been reduced from five to one commis- sioner with a term of five years, who receives $15,000. A much larger relative appropriation is provided in both New York Commissions for expert service and research facilities than in other states. In the recent movement for consolidation among the states the work of regulating public utilities has usually been combined with the regu- lation of all other classes of business corporations. Such a consolida- tion was accomplished in Illinois under the Civil Administrative Act of 1917, the regulation of public utilities, insurance and other corpora- tions excepting banking corporations being placed under the Department of Trade and Commerce. This Department is under the control of a Director of Trade and Commerce who is appointed by the Governor. In addition there is a Public Utilities Commission consisting of five members appointed by the Governor, to act in a quasi-legislative and quasi-judicial capacity. The regulation of common carriers, gas, electric and steam companies operating wholly or in part within the counties of New York, Kings, Queens, Richmond and the Eronx, is vested in the Public Service Com- mission of the First District. This Commission also supervises the pro- tection, elimination and re-arrangement of grade crossings, issues certifi- cates of public convenience and necessity in connection with the construc- tion of new railroads, approves assignments or transfers of franchises and Public Seevice Commissions 203 the abandonment of routes and of change of motor power under the Rail- road Law. The supervision of the construction, equipment, operation and maintenance of additional rapid transit facilities in the City of ISTew York and the granting of rapid transit franchises as provided for in the Eapid Transit Act, are under the control of a Transit Construction Com- mission, separate from the regulatory Commission of the First District. The Public Service Commission of the Second District is charged with the regulation and supervision of all common carriers excepting steamboat lines, also gas, electric, steam heating and stockyard corporations operating within the State other than those operating wholly within the counties comprising Greater New York. This Commission is also charged with the supervision of the protection, elimination and rearrangement of grade crossings, issuance of certificates of public convenience and necessity in connection with the construction of new railroads, the approval of assign- ments or transfer of franchises, as well as the abandonment of railroad routes. It also supervises and regulates all telephone and telegraph cor- porations operating within the State and assesses physical property of the valuation of $10,000 or over. Each Commission has the power to compel the attendance of witnesses, to regulate the conduct and management of common carriers and trans- portation corporations, to hear and investigate complaints, to approve contracts and leases and to fix standards of heating value, illumination power and purity of gas. Each Commission is required to inspect gas and electric meters, to prescribe uniform methods of accounting, to regu- late the issuance of securities, to require special and periodical reports, to investigate accidents and to take summary proceedings in case of viola- tions of law or the orders of the Commission. Each Commission has a Counsel, Secretary and such experts, inspectors, clerks and other employees as are necessary. The Commission of the First District has jurisdiction over the public utilities operating within the corporate limits of New York City with the exception of the telegraph and telephone companies which are controlled throughout the entire State by the Commission of the Second District. The Commission of the Second District has, of course, general supervision of all other public utilities in the remainder of the State. This Com- mission does not have jurisdiction over the inland waterways of the State which compete with the railroads over which the Commissions have com- plete jurisdiction when not under federal control. The management and control over the canal boat rates are as important in many respects as the exercise of control over the railroad rates. 204 Eepoet of Kecoststeuction Commission Proposed Organization The division of public utility regulation between two Commissions has certain obvious defects. The power of the First District Commission does not extend beyond the corporate limits of New York City. The Com- mission, therefore, cannot regulate the transportation, gas and other util- ities for the metropolitan district outside of the city. In addition the benefit of having a single authority deal with similar or identical prob- lems such as increases in street railway rates throughout the State is lost through having two separate Commissions. It is also worthy of note that the gas and electric utilities throughout the State are controlled by the same interests. There are, however, strong arguments against a consolidation of the two commissions. These arguments were successfully advanced when the Commissions were created by Governor Hughes. They have lost none of their force. There is very strong feeling in New York City that the regulation of its utilities shall be in the hands of a local resident or resi- dents. This sentiment would oppose a single commission with upstate members almost as much as a single commissioner from upstate. The sentiment outside of New York City against interference by a city resident in upstate affairs is not as strong but is not insignificant. The regulatory work in New York City requires the full time of at least one commis- sioner. A commission for the whole State meeting only occasionally in New York City could not be in sufiicient touch with the situation there. Moreover it is by no means impossible for two commissions to keep in close enough touch to share experience and reconcile decisions. The overlap of the work of the present commissions upon close analysis does not seem to amount to very much in practice. We are therefore of the opinion that for the present the two district commissions should be maintained. The Public Service Commissions are not organized on the same prin- ciple. If a single commissioner is proper for one commission five are not required for the other, assuming that two commissions are required. Two distinct problems are not recognized in the present organization of the Public Service Commissions, namely, the problem of administrative control and the problem of determining policy and of rendering decisions necessnry to proper regulation. Administrative control or executive duties should not be lodged in a board but in a single officer directly responsible to the Executive. The need for boards can be justified only when they function in a quasi-legislative, quasi-judicial or advisory capacity. Administration or the execution of policies should not be entrusted to boards. Since appeal lies to the courts from the decisions of the Public Service Commissions and the Supreme Court of the State Public Seevice CoMMissioisrs 205 may review all acts of these Commissions, it does not seem necessary to provide a board to perform the quasi-legislative or quasi-judicial functions in connection with the regulation of public utilities. Sufficient safeguard has been otherwise provided to warrant the performance of these duties by a single commissioner assisted by his deputies. Rapid transit construction is paid for by the City of New York and the city is a partner with the companies in the ownership of the subways. The Transit Construction Commission exercises in no sense a state func- tion. It should be transferred to the City and the Commissioner should be appointed by the Mayor. It is therefore recommended that the powers and duties of regulation of public utilities be vested as at present in two Public Service Commis- sions to be known as the First and Second District Commissions each under a single Commissioner appointed by the Governor with the ap- proval of the Senate and serving at his pleasure. These commissioners will have two Deputies each. This will involve a complete reorganization of the Second District Commission. The Commissioners and their Depu- ties will have power to act in a quasi-legislative or quasi-judicial capacity either singly or as a commission, but the Commissioner shall be responsi- ble for all decisions. The present First District Commission will be grouped under four bureaus. This will involve a logical consolidation of several existing bureaus. These bureaus will be as follows : Bureau of Light, fleat and Power. Bureau of Capitalization, Statistics and Accounts. Bureau of Transit Inspection. Bureau of Administration. The head of the Bureau of Light, Heat and Power will be the Chief Engineer of Light, Heat and Power. The head of the Bureau of Capi- talization, Statistics and Accounts will be the Chief Statistician. The head of the Bureau of Transit Inspection will be the Chief Engineer of Transit Inspection. The Bureau of Administration will be under the Secretary of the Commission. All of these bureau heads will be in the competitive class under civil service excepting the Secretary. The work of the present Second District Public Service Commission will be grouped under six bureaus. Bureau of Light, Heat and Power. Bureau of Telegraph and Telephones. Bureau of Steam Railroads. Bureau of Electric Railroads. Bureau of Capitalization, Statistics and Accounts. Bureau of Administration. 206 Report of Reconsteuction Commission There will be Chief Engineers at the heads of the first four Bureaus, a Chief Statistician at the head of the fifth and the Secretary of the Commission at the head of the sixth. All of these with the exception of the Secretary will be in the competitive class under civil service. Each of the Commissions has at present a legal division under the super- vision of a Counsel who receives $10,000 annually. These divisions will be transferred to the Attorney-General's office in accordance with the recommendation in Chapter 4 of Part II if the Attorney-General is made an appointive officer. Only statutory changes will he necessary in order to bring about these changes in the two Public Service Commissions. Summary of Recommendations. 1. There will continue to be two Public Service Commissions to be known as the First and Second District Commissions each under a single Commissioner appointed by the Governor with the consent of the Senate to serve at his pleasure. 2. Each Commissioner will have two Deputies. The Commis- sioner and Deputies in each district may sit as a board or individ- ually in the decision of quasi-judicial and quasi-legislative ques- tions, but the Commissioner will be responsible for all decisions. 3. The present Transit Construction Commission in the First Dis- trict will be transferred to the City of ISTew York and the Commis- sioner will be appointed by the Mayor. 4. The following bureaus will be created in the First District Commission : Bureau of Light, Heat and Power. Bureau of Capitalization, Statistics and Accounts. Bureau of Transit Inspection. Bureau of Administration. There will be Chief Engineers at the heads of the Bureaus of Light, Heat and Power and Transit Inspection, a Chief Statistician at the head of the Bureau of Capitalization, Statistics and Accounts and the Secretary of the Commission at the head of the Bureau of Administration. These bureau heads with the exception of the Secretary will be in the competitive class under civil service. 5. The following six Bureaus will be created in the Second Dis- trict Commission: Bureau of Light, Heat and Power. Bureau of Telephones and Telegraphs.' Bureau of Electric Eailroads. Public Service Commissions 207 Bureau of Steam Railroads. Bureau of Capitalization, Statistics and Accounts. Bureau of Administration. There will be Chief Engineers at the head of the first four bureaus, a Chief Statistician at the head of the fifth and the Depart- ment Secretary at the head of the sixth. These bureau heads with the exception of the Secretary will be in the' competitive class under civil service. 6. The Council and legal staff of both Commissions will be trans- ferred to the office of the Attorney-General if the Attorney-General is made an appointive officer. 7. Only statutory revisions are required to carry out these recom- mendations. Proposed Organization Public Service Commission — First District PUBLIC SERVICE COMMISSION FIRST DISTRICT Commissioner Deputy Commissioners (2) BUREAU OF LIGHT, HEAT AND POWER bureau of capitalization, statistics and accounts BUREAU OF TRANSIT INSPECTION BUREAU OF ADMINISTRA- TION Chief Engineer Chief Statistician Chief Engineer Secretary 208 Kepoet of Reconstruction Commission Proposed Organization Public Service Commission — Second District PUBLIC SERVICE COMMISSION SECOND DISTRICT CommisBioner _ Deputy Commissioners (2) BUREAU OF LIGHT, HEAT AND POWER Chief Engineer BUREAU OP TELEPHONES AND TELEGRAPHS Cllief Engineer BUREAU OF ELECTRIC RAILROADS Chief Engineer BUREAU OF STEAM RAILROADS Chief Engineer BUREAU OP CAPITALIZATION, STATISTICS AND ACCOUNTS Chief Statistician BUREAU OF ADMINISTRA- TION Secretary Departments of Banking and Insueance 209 CHAPTER 14.— DEPARTMENTS OF BANKING AND INSURANCE Present Organization Every state in the Union regulates the banking and insurance business carried on within its borders. In most of the states there are separate banking and insurance departments. In .several states the functions of one or the other of these offices are attached to the Auditor, Secretary of State or State Treasurer. A few states have combined banking and insur- ance regulation in one department. Idaho, by the Administrative Con- solidation Act in operation March 31, 1919, placed the separate banking and insurance offices in the Departmenit of Commerce and Labor. In Massachusetts a bill has just passed the Legislature consolidating the banking and insurance agencies into a single department, but as each agency is under an independent commissioner the consolidation is merely nominal. Illinois has recently merged insurance in the Department of Trade and Commerce, but since the regulation of banks is placed under the Auditor of Public Accounts, who is a constitutional officer, and the Administrative Code of 1917 only consolidated statutory offices, the plan to include banking in the new inclusive department was not carried out. The report of the Consolidation Commission of Oregon to the 1918 Legislature recommended that banking and insurance functions be con- solidated in the proposed Department of Trade and Commerce. The present control over the banking and insurance companies doing business within the State of New York is exercised by two independent departments — the Banking Department and the Insurance Department. At the head of each is a Superintendent appointed by the Governor with the consent of the Senate for a term of three years. The Banking Department is charged with the general supervision and control of banks, trust companies, savings banks, investment companies, safe deposit companies, personal loan companies, savings loan associations and credit unions operating under the laws of the State. It prepares an annual digest of the reports of the various financial institutions of the State and submits a summary of it to the Legislature. The Banlcing Department maintains offices in Albany and in jSTew York City. The greater part of its work is in the latter place and it is divided among four bureaus: Bureau of Credit and Verification. Bureau of Private Bankers. Bureau of Liquidation. Bureau of Examination Division. 210 Report of Reconsteuction Commission In the Albany office there is a Bureau of Savings and Loan Examiners. There are four Deputy Superintendents and one Special Deputy. The Insurance Department also maintains two main offices, one at Albany and the other at New York.- There is a Deputy Superintendent in charge of each office. The work of the department is divided among the following bureaus: In Albany: Administration Bureau. Bureau of Accounts. Actuarial Bureau. Co-operative Fire and Licensing Bureau. Fraternal and Assessment Bureau. Statistical Bureau. Printing and Purchasing Bureau. In New York City: General Administrative Bureau. Workmen's Compensation Bureau. Audit Bureau. Underwriters Association Bureau. Brokers Licensing Bureau. Liquidation Bureau. Stenographic Bureau. Examining Bureau. There is also a Counsel to the Superintendent. This Department is charged with the execution of the laws of the State relating to insurance and insurance companies. It has supervisory con- trol over all insurance companies such as life, health and casualty com- panies, fire and marine companies, mutual employers' liability and work- men's compensation companies 'and fraternal benefit societies, also brokers and agencies transacting business within the state. It has the custody of the securities of life and casualty companies of the State and of other foreign countries and of fire and marine insurance companies of foreign governments deposited with it for the protection of policyholders residing in the United States. The Department assesses and collects taxes on for- eign insurance companies doing business within the State. It also exam- ines into the affairs of corporations, associations, societies and orders, transacting, controlling or organizing an insurance business in the State ; receives reports under oath at regular intervals from such organizations, abstracts of which are sent in the aimual report of the Department to the Legislature. The Department acts as attorney for insurance companies organized under the laws of other states or countries in order that Depaetments of Bankifstg and Insurance 211 process in any action or proceeding against such companies may be served promptly. It values annually all outstanding policies, additions thereto, unpaid dividends and all other obligations of every insurance corporation doing business in the State. The Department is empowered in certain cases, after due process of law, to take possession of an insur- ance company and conduct its business. Finally, the Department is required to refuse admission to any company, corporation or association applying for permission to transact insurance business whenever it shall be for the best interest of the people of the State. The most important question of organization which can be raised with respect to the present Departments of Banking and Insurance, apart from questions of their internal organization or efficiency, is whether the two departments should be consolidated. Careful analysis indicates that the work of the staff examiners and auditors of the two departments, though related, could not be combined so as to bring about any economy. The staffs are not in any sense inter- changeable. Only a very few trust companies are required to report to both departments and are, therefore, subject to the supervision and regula- tion of two independent administrative agencies. The economy which would result from consolidation by the reduction of overhead expenditures is too small to be worthy of consideration. Each Superintendent of the present departments receives a salary of $10,000 annually. By consolidation one of these could be eliminated. At the present time each department maintains offices in Albany and New York City. One office, but a much larger one in each place, would be sufficient were the departments consolidated. It appears therefore that the only purpose to be served by consolidating the two departments would be to reduce the total number of executive departments by bringing together two necessarily separate but related functions. It seems to us that the advantages to be gained are too small as compared with the obvious disadvantages of combining two agencies, each functioning satisfactorily in an important and growing field. Proposed Organization It is recommended that the Departments of Banking and Insurance continue with all of their present functions with the exception of the assessment and collection of taxes on foreign insurance companies which will be performed by the proposed Department of Taxation and Finance. It is proposed that the Governor shall have power to appoint with the consent of the Senate, and remove the heads of these departments, who 212 Report of Eeoonsteuction Commission will be called the Commissioner of Banking and the Commissioner of Insurance. The Commissioner will hold office at the Governor's pleasure instead of for three years as at present. No change is proposed in the present bureaus of the Department of Banking. There will be only two Deputy Commissioners, to head the Albany and New York offices. The bureau heads will be known as Chief Examiners and will be in the competitive class under civil service. The Department of Insurance will include the present functions except- ing taxation of foreign companies. The internal organization of the present Department will be simplified by various consolidations. There will continue to be two Deputy Commissioners. The work of this Department is almost wholly centered in New York City. There is little need of an Albany office. The consolidation of all work in one office in New York City will result in greater efficiency and a large saving. It is therefore recommended that there be one office in New York City with the following seven bureaus : Bureau of Administration. Actuarial Bureau. Co-operative Fire and Licensing Bureau. Fraternal and Assessment Bureau. Examining Bureau. Liquidation Bureau. Underwriters Association Bureau. The Bureau of Administration will include the present Bureaus of Administration, Statistics, Accounts, Printing and Purchasing of the Albany office and the G-eneral Administrative and Stenographic Bureaus of the New York office. The Actuarial Bureau will include the Actuarial Bureau of the Albany office and the "Workmens Compensation and Audit Bureaus of the New York office. There will be a Director at the head of the Bureau of Administration, a Chief Actuary at the head of the Actuarial Bureau, Chief Examiners at the head of the other Bureaus excepting the Examining Bureau which will be under a Deputy Commissioner whose immediate assistants will be Chief Examiners. All these positions will be in the competitive class under civil service, with the exception of the Deputy Commissioner. It is proposed to transfer the Counsel for the Insurance Department to the Attorney-General's office in accordance with the recommendations in Chapter 4 of Part II. Depaetmbnts of Bankijstg and Insurance '21'i Summary of Kecommendations 1. The present Departments of Insurance and Banking will be continued as separate departments. 2. Each of the proposed Departments will be under the control of a Commissioner, who will be appointed by the Governor with the consent of the Senate, and will hold office at his pleasure. This will extend the term of the Commissioner from three to four years. 3. The Department of Banking will be divided into the same bureaus as at present, each under a Chief Examiner in the com- petitive class under civil service. There will be only two Deputies, one assigned to the Albany office, and one to the ISTew York office. 4. The divisions of the Department of Insurance will be con- solidated into seven bureaus, the entire staff being located in New York city. Bureau of Administration. Actuarial Bureau. Co-operative Eire and Licensing Bureau. Fraternal and Assessment Bureau. Examining Bureau. Liquidation Bureau. Underwriters Association Bureau. There will be a Director at the head of the Bureau of Adminis- tration, a Chief Actuary at the head of the Actuarial Bureau, and Chief Examiners at the head of the other bureaus excepting the Examining Bureau which will be in charge of a Deputy Commis- sioner whose immediate assistants will be Chief Examiners. All of these positions with the exception of that of Deputy Commissioner will be in the competitive class under civil service. 5. The Counsel to the Insurance Department will be transferred to the office of the Attorney-General. 6. Only statutory changes will be necessary in order to carry out these recommendations. 214 Kepoet op Reoonstructioh" Commission" Proposed Organization of Department of Insurance BUREAU OF ADMINISTRATION Director DEPARTMENT OF INSURANCE ConmiissioQer Deputy Commisdoner ACTUARIAL BUREAU Chief Actuary COOPERATIVE FIRE AND LICENSING BUREAU Ciiief Examiner EXAMINING BUREAU Deputy Commiflaioner Chief Examiner LIQUIDATION BUREAU Chief Examiner FRATERNAL AND ASSESSMENT BUREAU Chief Examiner UNDERWRITERS' ASSOCIATION BUREAU Chief Examiner Depaktments op Babtkibtg and Insueance Proposed Organization of Department of Banking ALBANY OFFICE Deputy Com- missioner BUREAU OF SAVINGS AND LOAN EXAMINERS Chief Exammer LIQUIDATION BUREAU Chief Examiner DEPARTMENT OF BANKING Commissioner EXAMINING BUREAU Chief Examiner BUREAU OF CREDIT AND VERIFICATION Chief Examiner NEW YORK OFFICE Deputy Com- missioner PRIVATE BANICERS BUREAU Chief Examiner 215 216 EePOET OS EeCONSTEUCTIOW CoMMISSIOlf CHAPTER 15.— DEPARTMEKTT OF CIVIL SERVICE. Present Organization The Civil Service Commission is charged with the administration, of the State Civil Service Law and rules. It is the agency far making effective the constitutional provision that government employees shall be selected and promoted so far as practicable, by open competitive examination. Its work includes the establishing of eligible lists from which civil service employees are selected, the supervision of the transfer, advance- ment and promotion of employees on the basis of service records, the hearing of appeals from the rating of examinations, against discharges or suspensions, etc., the preparation of rules to carry into effect the Civil Service Law, the approval or veto of rules and classifications adopted by municipal commissions and the supervision of municipal commissions and removal of municipal commissioners with the approval of the Governor. The Commission consists of three members. The President receives a salary of $5,000 a year and the other two Commissioners $4,000 each. The Commission, in addition to its administrative duties, per- forms certain functions of a legislative and judicial nature as noted above. The office of the Commission is organized for administrative purposes into an Administrative and an Examination Division. The Administrative Division, under the Secretary, who receives $4,000 a year, handles the general correspondence of the Commission, keeps its official records, including the roster of state employees and the lists of eligibles, makes certifications and records appointments, examines all state and county civil service payrolls to see that employees have been selected in accordance with the Civil Service Law, supervises the effi- ciency record system, and in general performs all routine administrative work other than that involved in holding examinations. The Examination Division, under a Chief Examiner, who receives $3,600 per annum, holds examinations for entrance and promotion, and performs such related work as investigation of experience and character. Like, most state civil service commissions, the energy of the 'New York State Commission is largely devoted to the establishment of eligible lists from which appointments are to be made by the various state and county agencies and to the effort to make merit and not political influ- ence the basis of selection in the civil service throughout the State. Due primarily to inadequate funds and personnel even this work has not been developed to a point which is now expected of more progressive commissions. The Commission has not been able to act in a con- Department of Civil Service 217 structive way in the development of efficient administration throughout the State. The State should not attempt to save money at the expense of efficiency. Better methods of selecting and advancing employees will result in higher standards of service. Proposed Organization of the Commission. One of the greatest obstacles in the way of effective administration is the division of responsibility resulting from having three Commissioners as the executive heads of this agency. All of the Commissioners do not give full time and there is not enough work for more than one full-time Commissioner. It is, however, essential that a distinction be made between the admin- istrative work of the Commission which should be directed by a single head and the quasi-legislative and judicial work which requires a board. It'is, therefore, recommended that one Commissioner shall be designated by the Governor as Chairman and shall have entire responsibility for the administration of the Department. He will be paid a salary large enough to attract a capable executive. J'or the quasi-legislative and judicial functions there will continue to be a board of three Commissioners appointed as at present, but the two Commissioners other than the ChaiiTDan will be limited in their duties to other than administrative questions. The board will meet weekly, special meetings to be held as necessary to consider only such matters as the amendment of rules, hearings and appeals, suspension of competition for particular positions and other usual calendar items. ]^ot having any administrative responsibilities and not being required to give full time to the work, the two additional commissioners will receive a nominal salary and their traveling expenses. The Commission will be organized as at present with two main units, to be known as the Bureau of Administration and the Bureau of Examinations. The Secretary, who will also act as Secretary of the Board will continue as the executive officer of the Bureau of Administration and no essential change in its organization is proposed. It should, however, be adequately equipped to do its work, and it is most important that efficient methods and procedure for handling its routine work be developed to place the Commission on a business basis. This contemplates the provision of adequate furniture and equipment, the allotment of additional office space, the introduction of standard forms, labor-saving office machineiy, efficient filing methods, etc. 218 Repoet of Recoh-stkuction Commission The functions of this division fall into five main groups and the work will be divided accordingly: 1. Receipt and handling of applications. This is now done by the Examination Division but properly belongs here. 2. Making certifications and recording appointments. 3. Handling mail, including notices to candidates; filing cor- respondence and keeping up rosters, card indexes and other files. 4. Examination of all state and county civil service payrolls, and audit of Civil Service Commission ofiice accounts, purchases and supplies. 5. Stenographic. The stenographic force should be centralized and made available to the whole organization as needed. On the work of the Bureau of Examinations depends the whole civil service structure. At present it is entirely inadequate in personnel and methods for the work which it should accomplish. Because of lack of funds its force of examiners is too small to do more than barely keep up with the demands for eligible lists. The nine positions of examiners carry inadequate salaries, thus making it difficult to secure and retain the proper kind of personnel. Medical examinations and supervision of the operation of the service record system are not provided for. The administration of this Bureau requires the services of a Director of Examinations. It will be the, first duty of this Director to represent the Department in the development of a new classification.* The salary of this position should be sufficient to attract a first rate man. This Bureau will be organized with three principal divisions: Division of Examinations. Division of Medical Examinations. Division of Service Records. The Division of Examinations will be in charge of a Chief Examiner and will be charged with planning and holding examinations and prepar- ing eligible lists. More examiners are required, including specialists for engineering and other technical positions. The permanent examiners should in all cases be men of broad education and experience, qualified to maintain contact with the departments in addition to working at their desks on the preparation and rating of examinations.- Consideration should be given to the possibility of using the examining machinery of the Depart- ment of Education for all routine clerical examinations. • See Chapter 1 of Part II, and CShapter 1 of Part V. Department of Civil Sesvice 219 The employment of the right kind of personnel in sufBcient numbers to be effective will make possible a general improvement in the standards of all examinations. It is necessary to develop new types of examina- tions for high grade positions, extend the use of oral and practical tests, give a new significance to promotion examinations, investigate with care and completeness the character and experience of applicants, give more care to rating, give more attention to the recruiting of properly qualified applicants by the development of mailing lists and other suitable methods of publicity, and to hold examinations for the staple positions more frequently. As in the case of the Bureau of Administration, there is a need of new equipment and the introduction of modern business methods, with particular reference to planning and control of the progress of examinations. The Division of Medical Examinations will examine all applicants for appointment. A Supervising Medical Examiner will be employed on full time to set up physical and medical standards for each position and to supervise examinations. These examinations must necessarily be made by special medical examiners employed wherever and whenever needed for this purpose. Records will, however, be centralized, a definite pro- cedure established, standard forms, uniform test materials, such as charts and weights, will be used and control of examinations will be continually maintained through the Supervising Medical Examiner. The extension of medical examinations is particularly necessary in view of the probable extension of the pension system, and it may even be advisable to offer to state employees the benefit of periodic medical examinations, such as are afforded by the Life Extension Institute. The Division of Service Records will operate the service and efficiency record system. This involves an organization of suitable agencies within each department for the maintenance of just ratings, the establishment of boards of review on which both the Department and the Oommission are represented, and the assignment of examiners to keep in touch regularly with certain departments, to attend all meetings of promotion boards and to become thoroughly acquainted with the work and personnel of such departments. The same examiners will cover the same departments as far as practicable for purposes of promotion and other examinations. In addition to bringing the Commission in close touch with the problems which it must assist in solving, this method gives the examiners a greater interest in their work, a broader outlook and a knowledge of actual depart- ment conditions. Examiners who are chained to their desks and per- mitted to make only occasional field investigations soon become stale. The Division of Service Records will be under a Supervising Examiner 220 Repoet op Eeconstbuction Commission whose immediate work will be to further develop and install a modem system of service records and to arrange for their application to promo- tions and increases. The use of service records to determine increases must be worked out in connection with the application of the new classi- fication. It is contemplated that so far as possible the regular examiners in the Division of Examinations will be assigned as assistants to the Supervising Examiner of Service Records. The Director of Examina- tions will arrange for the proper division of the examiners' time between the Division of Examinations and the Division of Service Records. Departmental Management of Personnel. It is recommended that each large department appoint a Personnel Manager with the following duties: Employment and assignment of personnel under civil service regulations. Handling of changes of status, i. e., promotions, transfers, resignations, discharges, etc. Making of reports to the Commission on personnel matters, including statistical reports. Cutting dovm labor turnover. .Development of welfare activities, such as recreation, social activities, etc. Supervision of health matters (e. g., following up absences, securing medical assistance for sick employees). Initial preparation of personal service budget. Supervision of service record system (should be secretary of depart- mental board). Contact with Civil Service Commission and cooperation with examiners assigned to the department. Summary of Ke commendations 1. There will be a Department of Civil Service. At the head of the Department will be a Chairman designated by the Governor who will receive an adequate salary and will be solely responsible for all of the administrative work of the Commission. There will be two additional Commissioners on part time who with the Chairman will constitute a board which will meet once a week to pass on quasi-judicial and quasi-legislative matters. The two addi- tional 'Commissioners will receive a nominal salary and traveling expenses. The three Commissioners will be appointed as at present. 2. The work of the Commission will be divided between two bureaus : Bureau of Administration. Bureau of Examinations. Department of Civil Seevice 221 3. The liead of the Bureau of Administration will be the Secre- tary of the Department. This bureau will receive a larger appro- priation so that adequate equipment and office machinery and methods may be installed and maintained. 4. The head of the Bureau of Examinations wiU be the Director of Examinations. He will receive an adequate salary and will have a sufficiently large appropriation to put his bureau on a proper basis. This bureau will have the following divisions: Division of Examinations. Division of Medical Examinations. Division of Service Records. The Division of Examinations will be in charge of a Chief Exam- iner who will have a sufficient number of technical assistants quali- fied to maintain contact with departments and to improve the stand- ards of examinations. The salaries of these positions will be such as to attract and hold competent persons of broad education' and experience. The Division of Medical Examinations will be in charge of a Chief Medical Examiner on full time who will prepare physical and medical standards and will supervise special medical examiners who will conduct examinations throughout the state. The Division of Service Eecords will be in charge of a Supervising Examiner who will develop and operate the service record system with the assistance of examiners from the Division of Examinations assigned by the Director of Examinations. 5. There will be a Manager of I'ersonnel in each large department of state government who will be in charge of all civil service matters and who will develop and administer a program covering labor turn- over, welfare activities, health and other employment matters. 6. These recommendations require only statutory and administra- tive changes. 222 E.EPOET OF Eeconstettctiow Commissiobt PROPOSED ORGANIZATION OF DEPARTMENT OF CIVIL SERVICE No. ( ) Chairman, ConuQiBmoners (2) on part time, constituting board on appeale, etc. DEPARTMENT OF CIVIL SERVICE Chairman BiniEAU OF ADMINISTRATION Secretary BUREAU OF EXAMINATIONS Director of Examisstiona DIVISION OP EXAMINATIONS Chief Examiner DIVISION OF MEDICAL EXAMINATIONS Chief Medical Examiner DIVISION OF SERVICE RECORDS Supervising Examiner Department of Military and Naval Affaies 223 CHAPTER 16.— DEPARTMENT OF MILITARY AND NAVAL AFFAIRS Present Organization of the Adjutant-General's Office and Other Military and Naval Organizations. The Constitution provides that " The Governor shall be commander-in chief of the military and naval forces of the state." * lie is authorized by the Constitution to " appoint the chiefs of the several stalf departments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their appointments to expire with the term for which the Governor shall have been elected," and to " nominate and with the consent of the Senate appoint all major generals."f It is provided also "that commissioned officers shall be commissioned by the Governor as commander-in-chief," and that " no commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, unless -by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the sentence of a court-martial, or upon the findings of an examining board organized pursuant to law, or for absence without leave for a period of six months or more.":}: The Military Law§ provides that the "Gov- ernor shall have power in case of insurrection, invasion, tumult, riot or breach of the peace, or imminent danger thereof, to order into the active service of the State any part of the militia that he may deem proper." He is " authorized to prescribe the organization of the JSTational Guard to conform as far as practicable to that prescribed by the laws of the United States now or hereafter in force." He may, when in his judgment the efficiency of the K'aval Militia will be thereby increased, create new organizations and alter, divide, consolidate, annex disband or reorganize any or all of the organizations therein," and he has power at any time to "change the organization of the Naval Militia herein prescribed, so as to conform to any organization, system of drill or instruction which may be adopted for the Navy of the Tlnited States, and increase or decrease for that purpose the number of officers, chief petty officers and petty officers in those organizations, and change the designation of officers or enlisted men." Brevet Com- missions may be conferred " upon commissioned officers of the National Guard and Naval Militia for distinguished conduct and public service in the presence of the enemy," by the Governor. • Constitution, Art. IV, § 4, also Consolidated Laws, Chap. 36, § 6. t Constitution, Art. XI, § 4. $ Constitution, Art. XI, § 6. § Consolidated Laws, Chap. 36. 224 Kepoet of Eeconstsuction Commission The staff of the Governor consists of the Adjutant-General of the State, Military Secretary and " not more than eighteen aides to be detailed by the Governor from the commissioned officers of the National Guard, Naval Militia or State Reserve List for Officers." The Governor has appointed in accordance with statutory provisions a Military Secretary with the rank of Major, to act as his aide and keep and record the legislative bills. The Military Secretarjr's salary is $3,000. It is specifically provided in the Military Law, that the Adjutant- General of the State shall be appointed by the Governor to serve dur- ing his pleasure, and that he shall have the rank of Brigadier-General. In the same section his duties are outlined in detail. In brief, he is charged with the issuance of orders, the auditing of militia accounts, the keeping of financial and military records, the receipt, custody and issuance of military stores, supplies, uniforms and equipment and the accounting to the federal government for government stores and sup- plies issued to the State. In case of war he is held responsible for organ- izing the reserve forces of the State, after the organized militia has been called to thq front. The law provides that he shall establish and maintain a Bureau of Eecords of the War of the Rebellion, and collect, keep and preserve such records, documents and other information. He shall have such assistants as may be found necessary and may appoint and remove them at his discretion. His salary is fixed by statute at $7,500 annually, and he and his assistants are allowed necessary traveling expenses and subsistence when traveling on duty or under orders. The Adjutant-General's office is organized with the following divisions and bureaus: General Division. Personnel Division. Finance Division. Records Division. Mailing and Stock Room. War Record Bureau. Naval Militia Bureau. The total appropriation for personal service for these various divisions of the Adjutant-General's office for this year is $66,850. Of this amount the Adjutant-General, as already pointed out, receives $7,500. The Assistant Adjutant-General assigned to the General Division receives $3,500; the Assistant Adjutant-General assigned to the Personnel Divi- sion receives $3,000; the Assistant Adjutant-General assigned to the Finance Division receives $2,700; and the Assistant Adjutant-General assigned to the State Arsenal in New York City receives $3,000. In Department of Militaey and IN'aval Aefaies 225 addition, there is an appropriation for maintenance and operation of $33,288.04. It is provided in the Military Law " that the brigades and other appro- priate military units of the National Guard shall continue to constitute a tactical division which shall be conmianded by the Major-General." The details of the organization are provided for in the same article. The Majoi^General is appointed by the Governor by and with the advice and consent of the Senate. He may be removed only by order of a general court-martial or by the order of the Senate after public trial and conviction upon charges of misconduct. The total appropriation for the National Guard is $504,800. Included in this item are the salaries and wages of range keepers, officers, enlisted men assigned to special duty, maintenance and operation of the various units of the National Guard, and the cost of personal service and main- tenance and operation of the small arms practice. The Naval Militia constitutes a brigade under a Commodore appointed and subject to removal in the same way as the Major-General at the head of the National Guard. The details of the organization of the Naval Militia are prescribed in the Military Law, but as already pointed out, this organization may be changed by the Governor. The total appropriation by the State for the Naval Militia is $81,740, of which $18,440 is for personal service. Of this, the Coromodore receives $6,000. Whenever any arsenal, armory or other quarters of the militia, camp ground or rifle range owned or leased by the State or by the United States is devoted to the general use of the organized militia, the Armory Com- mission in charge shall consist of the Major-General, the Adjutant-General of the State, the commanding officer of the Naval Militia and the com- manding officers of all the brigades. The Armory Commission, consti- tuted as just outlined, shall have charge of the erection and completion of all alterations, repairs, enlarging, renting and equipping of all such armories, quarters, camp groimds and rifle ranges. The Armory Commis- sion may sell buildings or other old materials on any real property (excepting the City of New York) which is taken for the purpose of erecting a state armory thereon. The Armory Commission which has charge of the property devoted to the general use of the organized militia is authorized to appoint inspectors and such other employees as may be necessary. Office, traveling and other expenses of the commission and employees are charged against the appro- priations which are made annually by the Legislature for the repair, improvement and betterment of this property. The appropriation for the 8 2'26 Repoet of REcoNSTEucTioiir Commission State Armory Commission this year is $20,275, of which $14,150 is for personal service. The Secretary receives $4,250. The appropriation for the Camp of Instruction at Peekskill is $9,450, of which $4,800 is for personal service. The Armory Board of New York City have general supervision of the construction and maintenance of the armories in the City of New York (Consolidated Laws, Chap. 36, Sees. 183-184). The Board consists of: The Mayor. The Comptroller. The President of the Board of Aldermen. The Commanding Officer of the Naval Militia. The President of the Department of Taxes and Assessments. Two Senior Ranking Officers (helow the grade of Brigadier-Gen- eral ); in command of troops of the National Guard quartered in New York City. The New York Monuments Commission for the battlefields of Gettys- hurg, Chattanooga and Antietam, consisting of three Civil War veterans appointed by the Governor, determine the positions and movements of the New York organizations engaged in those battles in the Civil War, and erect such memorials, monuments and markers as may be required from time to time in accordance with the provisions of the Legislature. The Military Training Commission is composed of the Major-General commanding the National Guard, ex-officio, as Chairman, a member appointed for a term of four years by the Board of Regents of the Univer- sity of the State of New York, and a member appointed for a term of four years by the Governor, " to serve without compensation, but to receive the traveling expenses actually and necessarily incurred." * The Reconstruction Commission in a recent report to the Governor recommended that the duties discharged by the Military Training Com- mission be included within the functions of the State Department of Education; and that military training of a technical character for boys sixteen, seventeen and eighteen years of age is inadvisable and any features of military training which may continue to be used shall be employed solely for such values as they may have for physical, mental and moral development. In Chapter 10 of Part TI, it is therefore recom- mended that this Commission be abolished and that its physical training functions be transferred to the Department of Education. The New York State Woman's Relief Corps Home at Oxford is a home for the aged dependent Civil War veterans and their wives, veterans' mothers and widows, and army nurses. It is under the control of a board •Consolidated Laws, Chap. XXXVI, §§ 26-293. Department of Militaey and Naval Affairs 227 of seven, managers appointed by the Governor by and with the advice and consent of the Senate. Of these, the majority shall be appointed from the Grand Army of the Kepublic of the Department of New York and the Women's Relief Corps Auxiliary to the Grand Army of the Republic,. Department of New York. The New York State Soldiers' and Sailors' Home at Bath provides admission for " any honorably discharged soldier or sailor who served in the army of the United States during the late rebellion, the Spanish- Ameri- can War, or the insurrection in the Philippines and enlisted from the State of New York, or who shall have been a resident of this State for one year preceding his application for admission, and who shall need the aid or benefit of such home." This institution also is under the supervision of a local board of managers. The State Board of Charities has the right of visitation and inspection, and the Fiscal Supervisor has general direction and control of the administration of the institution. Proposed Organization of the Department of Military and Naval Affairs. The Governor, as commander-in-chief of the military and naval forces of the State will be the head of the Department of Military and Naval Affairs. In accordance with the Military Law of the United States he wUl appoint an Adjutant-General with the rank of Brigadier-General to be designated the Commissioner of Military and Naval Affairs. In. practically all of the states the Governor as head of the military forces appoints an Adjutant-General with military rank who is in immediate touch with the military affairs of the State. The rank is Brigadier^Gen- eral in practically every case. The duties of the Adjutant-General designated the Commissioner of Military and Naval Affairs will be those specifically outlined in the State an.d Federal Military Law and in addition he will perform such duties not inconsistent therewith as may be assigned to him by the Gov- ernor as commander-in-chief and head of the department. The Governor will commission all officers of the militia subject to the provisions of the State and Federal Military Law. The Commanding Officers of the National Guard and Naval Militia will nominate officers from among the graduates of training schools for officers. The Adjutant-General and the commanding officers of the National Guard and the Naval Militia will have security of tenure and removal will be possible only after due process of the Military Law. In case of a vacancy, however, the Gov- ernor will nominate and with the consent of the Senate appoint the com- manding officers of the National Guard and the Naval Militia in accord- ance with the Military Law of the United States and the State of New York. 228 Repoet or Eecoitstbuctiois' Commission The Commissioner of Military and K'aval Affairs will through his Quartermaster's Corps, supervise the construction, alteration and main- tenance of the military buildings throughout the State, including New York City. The ex-officio board whose duty it is to supervise the construc- tion and maintenance of the armories of the State and other military build- ings is inadequate in its organization, inefficient in its methods and respon- sible to no one. The Grand Army of the Republic and Meagher's Irish Brigade Monu- ment Commission in so far as they receive state aid will be under the supervision of the Commissioner of the Department of Military and I^aval Affairs. With two exceptions, New York City owns and pays the bill for the alteration, repair, maintenance and operation of the armories situated in that city. The supervision of JSTew York City armories by the Armory Board is subject to the criticism that the board is made up largely of political officers elected on municipal issues who can give little or no time to this Commission, and that the centralization of military affairs in the State Commissioner and his military advisors is not provided for. Under present conditions the work of the Armory Board is in the hands of a Seeretaiy and is inadequately supervised. There will continue to be an Advisory Council to the Governor and the Commissioner, to be designated the Council on Military and Naval Affairs. This Council will consist of the Commanding Officer of the National Guard. Commanding Officer of the Naval Militia. One member from the Judge Advocate's Department designated by the Judge Advocate and detailed by the Governor. One member of the Reserve Militia detailed by the Governor. One officer of the grade of Field Officer from each of the follow- ing branches of the service, to be detailed by the Governor on the recommendation of the Commanding Officer of the National Guard : Infantry. Cavalry. Field Artillery. Coast Artillery. Engineer Corps. Signal Corps. Medical Corps. Two officers of the Naval Militia to be detailed by the Governor on the recommendation of the Commanding Officer of the Naval Militia. Department of Military and Naval Affaies 229 The Council will be organized with a Chairman and a Secretary and such committees and subcommittees as are found necessary. The Council will meet at stated intervals at the call of the Governor and at such other times as seem by the Chairman to be necessary. The members will serve without compensation but will be allowed expenses incurred in the execu- tion of their duties. The Council will from time to time recommend to the Governor " such action as it may deem advisable, relating to the Military Law and Regula- tions, organization, equipment, duties and discipline of the militia, and it will report on matters referred to it by the Governor or by the legislature of the State or any committee thereof." Their duties will include the making of recommendations to the Gover- nor on all questions affecting the state military policy and the considera- tion of all plans and programs for the development and extension of the military establishment, also the giving of advice and the approval of plans for the erection of state armories, alterations of other buildings, and the purchase of state rifle ranges and camp grounds. It should be clearly borne in mind that the organized militia of the State of New York constitutes at the same time the citizen soldiers of the United States. It therefore fulfills two functions and has a dual allegiance. The Division of Militia Affairs in the War Department and the Division of Naval Militia in the Navy Department at Washington are of particular importance in the securing of professional and technical advice in view of the fact that the chief purposes of the state militia is the service of the National Government. There will be assigned to the Department of Military and Naval Affairs such assistants as are necessary for performing the duties of the office. There will be two Assistant Adjutant-Generals to be designated Assistant Commissioners of Military and Naval Affairs. They will be in charge of the New York office and the Albany office. They will be known respectively as the First and Second Assistant Commissioners of Militar)' and Naval Affairs. There will be in the Department of Mili- tary and Naval Affairs, a Bureau of Naval Affairs, a Bureau of Eecords, a Bureau of Finance, a Bureau of Personnel and a Bureau of Mainte- nance and Supplies. The Bureau of Maintenance and Supplies will have supervision of the Woman's Belief Corps Home at Oxford and the New York Soldiers' and Sailors' Home at Bath, which will be transferred to the Department of Military and Naval Affairs. Each Bureau will be in charge of a Director. This plan does not contemplate immediate changes in the personnel, but upon the occurrence of a vacancy, the First and Second Assistant Com- 230 Kepoet of Eecobtsteuction Commission missioners will be chosen from the Department of Military and Naval Affairs. Simimary of Eecommendations. 1. Establish a Department of Military and Naval Affairs, at the head of which will be the Governor. He will appoint as his deputy an Adjutant^General with the rank of Brigadier-General to be designated the Commissioner of Military and Naval Affairs. 2. The Governor as Commander-in-Chief and head of the depart- ment will direct and be responsible for the administration of the military affairs of the State, 3. The staff of the Governor will consist of the Adjutant-General, his Military Secretary and not more than sixteen aides to be detailed by the Governor from the Commissioned Officers of the National Guard, the Naval Militia including two from the State Reserve List for Officers. 4. There will be a Council of Military and Naval Affairs to advise the Governor whenever advice is needed on questions not specifically outlined in the Military Law consisting of: Commanding Officer of the National Guard. Commanding Officer of the Naval Militia. One member from the Judge Advocate's Department desig- nated by the Judge Advocate and detailed by the Governor. One member of the Eeserve Militia detailed by the Governor. One officer of the grade of field officer from each of the following branches of the service detailed by the Governor on the recommendation of the Commanding Officer of the National Guard: Infantry, Cavalry, Field Artillery, Coast Artillery, Engineer Corps, Signal Corps, Medical Corps. Two officers of the Naval Militia detailed by the Governor on the recommendation of the Commander of the Naval Militia. 5. The Department of Military and Naval Affairs will be organ- ized with four principal bureaus. Bureau of Records Bureau of Finance Department of Military and Xaval Affairs 231 Bureau of Personnel Bureau of Maintenance and Supplies. 6. At the head of the New York office and the Albany office will be the First and the Second Assistant Commissioners of Military and Naval Affairs, respectively, with the rank of Colonel, and at the head of each of the bureaus will be a Director. 7. The State Armory Commission will be abolished and its duties will be transferred to the Department of Military and Naval Affairs and included among the duties of the Bureau of Maintenance and Supplies. 8. The duties of the Armory Board in the City of New York will be specifically assigned by statute to the Department of Military and Naval Affairs and be included in a new division of the Bureau of Maintenance and Supplies, the expenses of the division being borne by the City of New York, as in the case of the Public Service Commission for the First District. 9. The New York Monuments Commission will be tran^erred to the Department of Military and Naval Affairs and will become part of the Bureau of Records. The Governor will continue to appoint three veterans of the Civil War to serve as an advisory Board on Monuments to the Director of the Bureau. The Grand Army of the Eepublic and Meagher's Irish Monument Commission in so far as they receive State aid will he responsible to the Bureau of Records, of the Department of Military and Naval Affairs. 10. The Commanding Officers of the National Guard and of the Naval Militia will organize officer's training schools for the instruc- tion of enlisted men and officers and on the basis of records in these schools nominations for commissions will be made, subject to the provisions of Military Law. 11. The Governor, as Commander-in-chief of the National Guard and the Naval Militia will commission all officers in the National Guard and Naval Militia on the basis of recommendations of the examining boards appointed by the Commanding Officer of the National Guard and the Naval Militia. 12. The Adjutant-General and Commanding Officers of the National Guard and Naval Militia will be removed only after due process of the Military Law. 13. In case of vacancy in the position of Commanding Officer of the National Guard or Naval Militia, the Governor will nomi- nate and with the approval of the Senate appoint a successor. 232 Repoet of Reconstettctiow Commission 14. The New York State Woman's Eelief Corps Home at Oxford and the New York State Soldiers' and Sailors' Home at Bath will be transferred to the Department of Military and NavaJ Affairs and the director of the Bureau of Maintenance and Supplies will have immediate supervision and direction of the administration of these institutions. The local boards of managers will retain their present duties. 15. The Governor will nominate and with the consent of the Senate appoint the Commanding Officers of the National Guard and the Naval Militia in accordance with the Military Law of the United States and the State of New York. 16. These recommendations will require only statutory changes. Proposed Organization, Department of Military and Naval Affairs COUNCIL OP MILITARY AND NAVAL AFFAIES Tlurteen members detailed from Nation&l Guard and Naval Militia BUREAU OF RECORDS Director DEPARTMENT OF MILITABY 'AND NAVAL AFFAIRS Governor CommisEaoner Asastant Oommisdoners (2) BUREAU OF FINANCE Director BUREAU OF PERSONNEL Director BUREAU OF MAINTENANCE AND SUPPLIES Director PART III ADMINISTRATIVE CONSOLIDATION IN OTHER STATES CHAPTER 1. MOVEMENT TOWARD ADMINISTRATIVE CON- SOLIDATION Administrative Consolidation and What It Involves Comprehensive studies of the organization of the administrative agen- cies of state government have only recently begun. In fact the first stud- ies of this kind vi^ere conducted in Minnesota and Iowa, beginning in 1913. While no practical results in the way of legislation were achieved within these two states, the studies were, nevertheless, of great value as a means of pointing out what could be accomplished along the same lines in other states. Two years later an exhaustive study was made of the administra- tive organization of New York State preparatory to the work of the Con- stitutional Convention. While the plan of administrative consolidation proposed by the Convention failed because of the defeat in the fall of 1915 of the Constitution which it prepared, the plan has nevertheless widely influenced subsequent work of a like character in other states. The first comprehensive plan of consolidation was adopted by Illinois in 1917 following a careful study of all its administrative agencies. The 1919' Legislatures of Idaho and ISTebraska enacted consolidation plans similar to that of Illinois. Massachusetts has an amendment to the Con- stitution adopted in November, 1918, which provides for a reorganiza- tion of all administrative agencies into not more than twenty depart- ments. This reorganization is to be provided for by legislative action before 1921. Other states, namely Oregon, Delaware and California, are considering plans of administrative consolidation. Consolidation involves a number of principles. It requires the stato administration to be organized into a few departments, the heads of which are appointed by the governor and responsible to him. It makes thp state government more responsive to the people since it enables the spot- light of public opinion to be focused upon the Governor and the few de- partment heads chosen by him. Administrative responsibility is thereby fixed. Consolidation makes possible a coordinated administration in which there is unanimity of purpose and cooperation. It brings about better service and is a means of effective retrenchment in expenditures, since such business methods as central purchasing and uniform accounting can be operated with the greatest degree of efficiency. It makes possible the operation of a thorough-going budget system. The Governor cannot be made fully responsible for the financial program so long as admin- istrative authority is divided among a number of agencies, some of which 236 IIepoet of Keoonsteuction CoMirissioN are elective like himself and others of which are appointed by the Legis- lature or constituted by other authorities independent of the executive. Consolidation in National and City G-ovemments The idea of administrative consolidation was embodied in the federal scheme of administrative organization more than a century ago. The same idea has also been embodied in the government of several foreign countries, such as France and England. At the present time there are at Washington ten great departments within which are grouped nearly all regular administrative functions. The heads of these departments are appointed by the President with the consent of the Senate. The depart- ment heads serve at the pleasure of the President. They also form the President's Cabinet and meet with him for consultation on matters of special importance and of common interest. There is, however, a tendency to vest quasi-legislative functions, such as the regulation of interstate commerce, in the hands of special boards and commissions, but any new administrative work is, as a rule, placed under one of the existing departments. During the last twenty years the trend of municipal administration has been decidedly in the direction of consolidation. Formerly city govern- ment, like state government, was made up of many administrative depart- ments, offices, boards, and other agencies. At the present time more than 300 cities have adopted the commission form of government, the essential feature of which so far as administrative organization is concerned, is the reduction of all the offices and agencies of the city to a small number of departments, usually five, sometimes three or seven, each under the direction of a single commissioner. Recently authority under the com- mission plan of city government has been still further concentrated by adding to the Commission, which is the municipal Legislature, a city man- ager who assumes supervision over the entire city administration organ- ized into a few large departments. This reconstruction of municipal gov- ernment points the way to better service and greater efficiency in state administration. STot a Partisan Issue Administrative consolidation, as a means of improving the effectiveness of state administration has been advocated by leaders of both great politi- cal parties. President Wilson has spoken of the principles embodied in the idea of administrative consolidation as the " key to the whole problem of the restoration of popular government in this country." President Roosevelt said in support of the same principles : " You cannot get good service from the public servant if you cannot see him, and there is no MOVEMEITT TOWAED AdMINISTBATIVE CoNSOLmATION 23Y more effective way of hiding him than by mixing him up with a multi- tude of others so that they are none of them important enough to catch the eye of the average work-a-day citizen." During the last ten years the governors of both political parties in probably half the states of the Union have advocated administrative reor- ganization and consolidation in some form or other. Consolidation Advocated by State Commissions During the past ten years almost half the states of the Union have ap- pointed commissions which have made investigations into the possible methods of reducing the cost of state government and at the same time securing better service. A number of these commissions, as will be pointed out later, have made recommendations for complete administra- tive consolidations. They have refrained from recommending possible economies in the form of salary reductions, the abolition of particular positions and the abandonment of certain functions with a view to re- ducing expenditures. They have repeatedly expressed the belief that waste and poor service are brought about, not so much by the administra- tive officers themselves as by the disintegrated and unbusinesslike organiza- tion of the government. For this reason they have advocated the consoli- dation of administrative agencies into a few departments responsible to the chief executive. Behind the recommendations of the various state commissions stand many governmental, civic and educational organizations. In many instances these organizations have carried the study of consolidation much further than have the state commissions. They have therefore been an important factor in setting forth the principles and in promoting the idea of administrative consolidation. In a number of cases such organiza- tions have cooperated with state commissions in investigating and studying administrative conditions. Plans for Partial Consolidation The movement for administrative consolidation has been gradual. The states first began by grouping together administrative agencies performing related functions. Later a few states adopted a plan of partial consolida- tion. At the present time more than half of the states have consolidated the management of the charitable and correctional institutions; many states have reorganized their educational system by consolidating the management of state educational institutions; several states have estab- lished a consolidated department of agriculture and others have combined their various labor agencies into a single department. New Jersey is 338 Report of Reconsteuction Commission a notable example of the adoption of a plan of partial consolidation. Flolowing the recommendations of the Economy and Efficiency Commis- sion, created in 1912, the Legislature in 1915 enacted laws establishing Departments of Conservation and Development, Commerce and Naviga- tion, Taxes and Assessments and Shell Fisheries. The same Legislature provided for the reorganization of the Departments of Labor and Agri- culture. More than twenty separate bureaus, departments and agencies were thus merged into six consoldated departments. Eaelibe Pboposed Plans 239 CHAPTER 2. EARLIKB, PROPOSED PLAITS Minnesota, Iowa and New York were the first states to conduct com- prehensive and scientific studies of their administrative agencies. Although the plans of reorganization proposed in these states were never adopted, they are of interest because of their influence on subsequent consolidation plans of other states. As already indicated, Minnesota and Iowa began their investigations in 1913. The Minnesota plan was worked out more carefully than the Iowa plan. For this reason it is probably more generally known outside the state than any other similar scheme, with the possible exception of that of Illinois. The New York plan was worked out in great detail and subjected to searching discussion during the Con- stitutional Convention of 1915. It has had considerable effect upon the reorganization plans which have since been developed. The S[innesota Plan In 1913 the Legislature of Minnesota created an Efficiency and Economy Commission. This Commission was composed of thirty members appointed by the Governor representing the political and industrial interests of all sections of the State. The Commission began its work in the fall of 1913. It received its support from private sources, since the Legislature provided no appropriation for the work. The Commission employed a staff consist- ing of a consulting statistician. Dr. E. Dana Durand, former Director of the United States Census, a secretary, and a clerk. The Commission published two reports, a preliminary report in May, 1914, and a final report in November, 1914. The main recommenda- tions were outlined in the preliminary report. The final report contained bills drawn by the Commission for carrying these recommendations into effect. Each of the reports contained a chart setting forth the existing organization of state government and the proposed plan. The recommendations of the Commission rel'ated to three subjects: administrative consolidation, the merit system of civil service and the adoption of a budget system. The principal defects of the existing organi- zation were pointed out as : Multiplicity of independent branches. Diversity in form. Predominance of the board system. The report showed that there were about seventy-five independent admin- istrative agencies, that a great number of these agencies were administered by ex officio boards, and that there were certain state functions performed by private associations. The board system resulted in delay, inefficiency 240 RePOET of KECON'STBTrCTION COMMISSIOlir and at tke same time dissipated responsibility. Turtliermore, the necessity for boards was limited to quaBi4egifllative and quasi-judicial work. Finally, since board members usually bave overlapping terms, and each Governor may appoint only a minority, each board is a government by itself. The Commission suggested six executive departments: Finance, Public Domain, Public Welfare, Education, Labor and Commerce, Agriculture. A few special functions were to be performed by the administrative agencies outside these departments, such as the Civil Service CommiBson and the Tax Commission. The constitutional officers were not affected by the reorganization. The head of the proposed Department of Finance was to be the Treas- urer, a constitutional officer, elected by the people, to act as Director of Finance. The head of the Department of Public Domain was to be the Director of Public Domain, appointed by the Governor with the consent of the Senate. The head of the Department of Public Welfare was to be the Director of Public Welfare, appointed by the Governor with the consent of the Senate. The Department of Education was to be under a Board of Education apponted by the Governor, a Director of Educa- tion being appointed by the Board and a Board of Regents appointed by the Governor, President of University being appointed by the Regents. The head of the Department of Labor and Commerce was to be the Director of Labor and Commerce appointed by the Governor with consent of the Senate. The head of the Department of Agriculture was to be the Director of Agriculture, appointed by the Governor with the consent of the Senate. It will be seen that the plan of the Commission contemplated two excep- tions to the general rule that there shall be a single head of each depart- ment appointed by the Governor. These exceptions were the Department of Finance and the Department of Education. In the former case the Treasurer, who is a constitutional officer elected by the people, was made acting head of the department. In the latter case the Commission recommended two boards, the Regents of the University and the new Board of Education, to have charge of all other state educational work. The Commission claimed that in recommending this form of organization it was following the general practice or custom to treat education as inde- pendent of other functions of government. The Directors were to hold office at the pleasure of the Governor and to Earlier Proposed |Plans 241 be responsible to him for tke conduct of their departments. They were to constitute the Governor's cabinet, similar to the cabinet of the Presi- dent of the United Statees, thus making the administration a unit. The (lovernor's term being only two years, the terms of the cabinet members w«re similarly limited. In each of the proposed departments the Commission set up bureaus and outlined their functions. The bureau chiefs were to be trained experts. They were to constitute the pei-manent staff and were to come under the merit system of civil service, and consequently were not to be changed when a new Governor came into office. While the Commission recommended the placing of executive functions in the hands of individuals, it saw the need of certain boards with advisory, quasi-legislative and quasi-judicial powers. To the Department of Finance the Commission recommended the attachment in an advisory capacity of the existing board of investment, a constitutional and ex officio body charged with the investment of state trust funds. It was proposed to attach to the Department of Labor and Commerce the existing Board of Railroad Commissioners, a body of three members elected by the people. For the Department of Public Domain, Welfare and Agriculture, special advisory boards appointed by the Governor with overlapping terms, were recommended. The final report of the Commission differed from the preliminary report in that it recommended five instead of six departments — the Department of Finance being eliminated and placed among the general offices not included in the recommendations of the Commission. Minnesota gained little from the work of this Commission except the Budget Law of 1915. The particular value of this Commission's work lies in the influence that it has had upon reorganization plans in other states particularly Illinois. The Iowa Plan The Iowa legislature of 1913 authorized the Joint Committee on Retrenchment and Reform to employ expert and efficient accountants to make a survey of the administrative organizations of the State, and appropriated $10',000 to meet the expenses of the proposed investigations. The committee, in March, 1913, engaged the firm of Quail, barker and Company, efficiency engineers, who finished their investigation and sub- mitted their report in December, 1913. In the preparation of their report these efficiency engineers made an examination of all departments in the state capitol, including both con- stitutional and statutory offices. Besides suggesting modern methods 24:2 Repoet of Reconstruction Commission and recommendiiig numerous economies in the work of these departments, the report attempted a general reorganization of the executive functions of the state government. The suggested reorganization did not neces^ sitate changes in the constitution. The plan proposed the union of the offices of the State Auditor and the State Treasurer through the establishment of a Finance Department, which would have control of the whole accounting system of the State and the preparation of a budget. The plan also recommended the establish- ment of a legal Department through combining the offices of the Secre- tary of State and the Attorney General. This Department was to handle all matters of legal records and justice. The creation of both these Depart- ments was to be accomplished by a rearrangement of the functions and duties prescribed by statute without changing the constitutional status of the offices involved. The plan also proposed to create the Office of the State Purchasing Agent, an official known as the Chief Accountant, and a Civil Service Commission or Bureau organized to administer the merit system to be used in filling all administrative positions except the constitutional offices and the heads of the seven proposed departments. The proposed departments other than the general administrative offices mentioned above were as follows: Department of Agriculture, Department of Commerce and Industries, Department of Public Works, Department of Public Safety, Department of Public Health, Department of Education, Department of Charities and Corrections. All the existing divisions and agencies of the executive branch of the government other than the constitutional offices and certain general administrative offices already noted were assigned to one of these seven departments. Each department was to be under the immediate control of a Director General. The Governor himself was to assume the port- folio of Director General of the Department of Public Safety. The , heads of the remaining six departments were to be appointed by the Governor with the consent of the Senate. It was also proposed that the existing Executive Council should be abolished and a new Executive Council consisting of the Director Generals of the seven departments, be created. This Executive Council was to form a kind of cabinet to the Governor, who was to be its chairman. Earliee Pboposed Plans 243 Almost a year after the report was submitted to the Committee, the Committee in turn prepared a report which it submitted to the General Assembly of 1915. This report contained a brief outline of the reorgani- zation proposed and a few general statements as to the need for grouping together the administrative agencies of the State. The scheme of reorganization proposed by the Joint Committee's report was decidedly different from that outlined in the report of the efficiency engineers. It contemplated the grouping of all executive functions of the State, except a few which were placed under " general administra- tion," into three great divisions designated under the heads of Department of Social Progress, Department of Industries, Department of Public Safety. The Department of Social Progress was to include and have supervision over educational aud allied functions such as libraries and archives and in addition the prison parole functions. The Department of Industries was to include and have supervision over the agricultural functions, also all regulatory functions ip connection with labor, commerce, insurance and banking. The Department of |Public Safety was to include and super- vise the law enforcing functions, the conservational and custodial func- tions, the functions of registration and inspection, and in addition the work of the State Highway Commission. Each of these departments was to be under the direction of a head appointed by the Governor. The report contained no statement of the functions of the numerous subdivi- sions under each of the three proposed Departments. No legislation resulted directly from the recommendations of the efficiency engineers and of the Committee on Retrenchment and 'Reform. A budget law, however, was enacted by the 1915 Legislature. The New York Plan As early as 1910 Governor Hughes in his annual message to the Legis- lature recommended administrative reorganization and consolidation, which he said would " tend to promote efficiency in public office by increas- ing the effectiveness of the voter and by diminishing the opportunities of the political manipulators who take advantage of the multiplicity of elect- ive offices to perfect their scheme at the public expense." Furthermore, he believed that responsibility should be " centered in the Governor who should appoint a cabinet of administrative heads, accountable to him and charged with the duties now devolved upon elective state officers." Following this message a resolution to amend the Constitution was introduced in the Assembly of 1910 providing for the appointment of all 2i-k Report of Eeconsteuotton .Commission state officers except the Governor and the Lieutenant-Governor. A hot discussion ensued with the result that the resolution failed to pass. The movement toward consolidation was again revived in the election campaigns of 1912. In 1913 the Legislature passed a bill establishing a Department of Efficiency and Economy under a Commissioner appointed by the Governor and confirmed by the Senate for a term of five years. The Commissioner was authorized to study all branches of the state government and to make recommendations designed to promote the general conduct of the State's business. In 1914 this department in cooperation with the Bureau of Municipal Research began the preparation of a report on the government and administration of the State for the Constitutional Convention which was to meet the following year. As a result of the combined efforts of these two agencies there was published in January, 1915, a volume of more than seven hundred pages, entitled " Government of the State of New York : A Survey of its Organization and Eunctions." This volume gave a minute description of the legislative, judicial and administrative organizations of the state government. It also set forth graphically all the agencies of the State, together with their functions, number of their employees, salaries and other costs, and their organic relations or absence of relations. The report showed that there were one hundred and sixty-nine agencies, most of which had been created in recent years. It also pointed out that the entire structure of the state government seemed to have " grown up from year to year, rather than to have been built according to any studied plan of scientific and economic needs." itfumerous conflicts of authority and overlappings of jurisdiction were pointed out. One hundred and eight boards were shoAvn to exist. "A number of them," said the report, "were created for similar pur- poses and a number perform functions for which there already existed at the time of their creation fully organized departments of the govern- ment. Some are elected by the Legislature, some appointed by the Gover- nor, some are of ex-officio membership, some are paid, others are not paid." Upon the completion of this joint undertaking the Bureau of Municipal Research was requested by the Constitutional Convention Commission to prepare an appraisal of the existing organization of the state government. In compliance with this request the bureau issued a volume entitled " The Constitution and Government of the State of l^ew York " * in which the existing structure and methods of the state government were subjected to careful and comprehensive analysis. The Bureau also worked out a proposed plan of administrative reorganization which it laid before the Committees of the Constitutional Convention. ' Municipal Research No. 61. Eaklieb Proposed ^laits 245 In 1914 both great political parties of the State seemed clearly to recognize the failure of the existing administrative system. The Kepub- lican platform of that year, framed especially with a view to constitutional revision, said: " We recommend a substantial reduction in the number of elective officers by the application of the principles of the short baUot to the executive officers of the State. To prevent the multiplication of offices, we recommend that the various administrative functions of the state, so far as practicable, be vested in a limited number of departments. The present duplication of effort and expense in the public institutions of the State should be remedied by the establish- ment of a simpler and better organized system." The Democratic platform of the same year declared : " There should be no divided authority or responsibility in execut- ing and administering the laws of the state. The time has come to give the people control of their executive government. The respon- sibility should be centered in the G-ovemor. He should have the absolute power of removal. The various boards and commissions should be made subject to the control of the Governor." As a result of the agitation for administrative reform and reorganiza- tion several plans were prepared and laid before the Constitutional Con- vention, which met in the summer of 1915. After due consideration of these plans by the committee on the Governor and other State officers, a proposed amendment to the Constitution was submitted to the convention for discussion. This amendment proposed to establish fifteen depart- ments : Justice, Audit and Control, Education, Public Utilities, Conservation, Civil Service, State, Taxation and Finance, Public Works, Health, Agriculture, Charities and Corrections, Banking, Insurance, Labor and Industry. 246 Report of Reconstruction Commission The heads of the Department of Justice and of the Department of Audit and Control were to be the Attorney-General and Comptroller, respectively, elected at the same time and for the same term as the Gov- ernor. The Department of Education vsras to be controlled by the Regents of the University who were to appoint the chief administrative officer of the department. The Department of Public Utilities was to consist of two commissioners of iive members each, appointed by the Governor with the consent of the Senate for terms of five years, and removable by the Senate upon recommendation of the Governor. The Department of Con- servation was to be under the direction of a Conservation Commission of nine members appointed by the Governor with the consent of the Senate for overlapping terms of nine years. This Commission was to appoint the chief administrative officer of the department. The Department of Civil Service was to be under the direction of a Civil Service Commission con- sisting of three members appointed by the Governor with the consent of the Senate for overlapping terms of six years. The remaining depart- ments were to be administered by single heads appointed by the Governor with the consent of the Senate and removable by him in his discretion. After the adoption of this amendment, no new departments were to be created by the Legislature but all new functions were to be assigned to one of the existing departments. The Legislature was to provide for the internal organization of the departments. The general principles set forth in this amendment had been discussed before the Committee on Finance and the .Committee on Governor and other State officers by such men as Ex-Presideut Taft, President Lowell of Harvard and President Goodnow of Johns Hopkins. Following the intro- duction of the amendment into the Constitutional Convention, there were discussions of various phases of the proposed administrative reorganiza- tion. Mr. Elihu Root said that the existing system was an " invisible government " in which the political boss ruled the State in spite of the Legislature, the Governor, and the other elective officers. He also said that men were appointed to office not for tTie service they would render the State but for the service they were to render to promote the power of political organizations. Such a system, he declared found " its oppor- tunity in the division of powers, in the six-headed executive, in which, by the natural workings of human nature, there shall be opposition and discord in the playing of one force against the other, and so when we refuse to make one Governor, elected by the people, the real chief executive, we make inevitable the setting up of a chief executive not selected by the people, not acting for the people's interest, but for the selfish interest of the few who control the party, whichever part;s' it may be." Eaeliee Peoposed Plans 247 The result of tke discussions was a considerable modification of the plan presented to the Convention by the Committee on the Grovernor and Other State Ofiicers. The plan of administrative organization as finally adopted by the Con- stitutional Convention, provided for seventeen departments to exercise the civil, executive and administrative functions of the State. These departments are as follows: Law, Finance, Accounts, Treasury, Taxation, State, Public Works, Health, Agriculture, Charities and Corrections, Banking, Insurance, Labor and Industry, Education, Public Utilities, Conservation, Civil Service. The heads of the Department of Law and of the Department of Finance were to be the Attorney-General and the Comptroller respec- tively, who were to be elected at the same time and for the same term as the Governor. The head of the Department of Labor and Industry was to be an Industrial Commission or Commissioner to be provided by law, appointed by the Governor with the advice of the Senate. The Department of Education was to be administered by the University of the State of 'New York, the chief administrative officer of which was to be appointed by the Kegents of the University. The Department of Public Utilities was to consist of two Public Service Commissions, the Commis- sioners to be appointed by the Governor, by and with the advice and con- sent of the Senate. The Governor might remove any commissioner for cause after an opportunity to be heard. The Department of Conservation was to be under the direction of the Conservation Commission consisting of nine commissioners appointed by the Governor by and with the advice and consent of the Senate with overlapping terms of nine years and serv- ing without compensation. The Commission was authorized to appoint 248 KePOET of RfiCOIfSTEUCTION CoMMISSIOET and remove a Superintendent and also to appoint his subordinates. The Department of Civil Service was to be under the direction of a Civil Serv- ice Commission consisting of three members appointed by the Governor by and with the advice and consent of the Senate for overlapping terms of six years. The remaining ten departments were to have single heads who were to be appointed by the Governor and removable by him in his discretion. The reason given for the concurrence of the Senate in the appointment of heads of the Departments of Labor and Industry, Public Utilities, Conservation and Civil Service was because such departments performed both legislative and administrative functions. Only very general powers were prescribed for the several departments. In some cases the prescribing of duties was left entirely to subsequent legislative action. In the case of the Department of Finance it was stated that the Comptroller should exercise all powers and duties at that time devolving upon him except the powers of examination and verification of accounts, which duties were vested in the Department of Accounts. This plan of reorganization reduced the number of elective state officers from seven to four, leaving only the Governor, Lieutenant-Gov- ernor, Comptroller and Attorney-General to be chosen by the voters. The Secretary of State and the Treasurer were to be appointed by the Gov- ernor, and the office of State Engineer and Surveyor was to be abolished. The plan of administrative reorganization and consolidation proposed by the Constitutional Convention and embodied in the proposed constitu- tion was submitted to the people in November, 1915, and defeated at the polls. Until the present thew has been little attempt to revive the move- ment in New York for administrative reorganization. Plans in Opeeation 249 CHAPTER 3. PLANS IN OPERATION Movement for Consolidation in Illinois The Legislature of 1913 provided for the appointment of a Committee on Efficiency and Economy which was composed of four members from each house of the Legislature. This Committee was given full power to investigate all departments and agencies of the state government. Such investigations were made with the view of combining and centralizing the work of the various state agencies and abolishing those found to be useless. The Committee was given the power to employ assistants and was pro- vided with an appropriation of $40,000. Upon beginning its work in August, 1913, the Committee employed a staff of investigators which was placed under the direction of Professor John A. Fairlie of the University of Illinois. The numerous administra- tive agencies of the State were arranged in twelve groups according to their general functions, and each of these groups was assigned to a trained investigator who studied closely the conditions and made a report to the Committee. Tentative plans for consolidation were drawn up and for several months meetings were held at short intervals. Later public hearings were held in Chicago and Springfield, at which many state officers, representatives of associations and organizations appeared and discussed the proposed plan of reorganization. As a result much addi- tional information was secured and a number of changes were made in the tentative proposals. Two reports were issued by the Committee; a preliminary report in June, 1914, and a general report almost a year later. The latter report, a volume of more than one thousand pages, contained the recommendations of the Committee, the reports of the special investigators, a comparative statement of appropriations covering three legislative periods and charts illustrating both the existing government and the proposed reorganization. The defects of the existing arrangement of the Illinois administration, as pointed out by the Committee, were lack of correlation, scattered offices, no standards of compensation, overlapping of functions, irregularity of reports, ineffective supervision, no budget system, imperfect accounts, inadequate advice on legislation and irresponsible government. The Committee's proposed plan of reorganization provided for the con- solidation of all the administrative agencies, with the exception of a few general departments, into ten departments as follows: Finance, Charities and Corrections, Education, 250 liEPOBT OF Eeconsteuction Commission Public Works and Buildings, Agriculture, Public Health, Labor and Mining, Trade and Commerce, Law, Military Affairs. The agencies left outside these departments were: Secretary of State, Board of Elections, Civil Service Commission, Legislative Reference Bureau. The proposed Departments of Finance, Charities and Corrections, Education, Public Works and Buildings, Trade and Commerce were to be under the control of commissions. The Department of Agriculture, Public Health, Labor and Mining were to be administered by single heads appointed by the Governor with the approval of the Senate. The Department of Law was to be under control of the Attorney-General, a constitutional officer. The Department of Military Affairs was to con- tinue as previously organized. The Committee accompanied its recommendations to the Legislature of 1915 with bills designed to carry the recommendations into effect but with the exception of a bill revising a law relating to state contract's, none of the bills passed the Legislature. Goveipior Lowden in his primary campaign during the summer of 1916 made numerous speeches in which he pointed out the great need for admin- istrative consolidation and the establishment of a budget system. In his inaugural message he spoke with still more enthusiasm. Immediately following his inauguration work was commenced upon bills to carry out his ideas. The reports of the Efficiency and Economy Committee con- stituted the basis for preparation of these bills. However, " the specific form of organization recommended by the Committee was, after mature deliberation, rejected as not conducive to either strength, harmony or unity of administration." It was apparent that the Committee had not only been inconsistent in its recommendations for the overhead organiza- tion of the proposed departments, but it had also compromised principle in favor of expediency. Some departments were to be administered by single heads, others were to be under the control of boards. For example, the Committee recommended the creation of a Department of Finance under a State Finance Commission to consist of a State Comptroller, Tax Com- missioner and Revenue Commissioner, appointed by the Governor with the approval of the Senatf, together with the Auditor of ,Public Accounts ' Plants in Opeeation 251 and the State Treasurer, both serving ex-officio. Each of these officials was to be in charge of a particular division having specific statutory duties to perform. The Finance Commission was to act only as a means of bringing together these independent divisions. Responsibility for the work of the Department could not, therefore, be definitely located. As another example, the Commission recommended the establishment of a Department of Public Works and Buildings under a Public Works Com- mission of three menabers — a Commissioner of Highways, a Conmiis- sioner of Waterways and a Fish and Game Commissioner — with bureaus for each of these services and also other bureaus under the Superintendent of Buildings and Grounds, the Superintendent of State Parks, an.d the State Art Commission. For all practical purposes the several bureaus and divisions would have been independent of each other. Statutory duties devolved upon subordinate officers and boards within the Depart- ment. The Department had no responsible heads having control of all its activities. After having carefully considered the committee's plan of reorganization in the light of the facts just pointed out, Governor Lowden came to the conclusion that while the general reconomendations of the Committee were valid and ought to be incorporated in law, its specific recommendations for the overhead organization were not only " inexpedient but detrimental to administrative efficiency." He was of the opinion that there should be a consistent and uniform plan of reorganization which should be applicable to all the departments. That is, he did not believe that part of them should be under a single head appointed by the Governor and others should be controlled by one or more commissions, in some cases composed of both appointive and ex-officio officers. He realized that it was inexpedient for the time being to attempt a change in the constitution, but he was determined that the plan so far as adopted by statutory means should be a uniform one and therefore a proper basis upon which to build the complete plan of reorganization whenever the time came to amend the constitution. He also thought that a single bill instead of a number of bills, as proposed by the committee, could be prepared which would em- body the necessary legislation to put the plan into effect. Administrative Organization Under the Illinois dode Accordingly an act was drawn and passed by the Legislature of 1917 called the Civil Administration Code, which abolished more than one hundred independent and statutory offices, departments, boards, commis- sions, and other agencies and consolidated their functions and duties into nine departments. 252 Kepoet of Reconsteuction Commission The departments were: Department of Finance, Department of Agriculture, Department of Labor, Department of Mines and Minerals, Department of Public Works, Department of Public Welfare, Department of Public Health, Department of Trade and Commerce, Department of Registration and Education. This reorganization does not affect the seven constitutional elective officers; namely the Governor, Lieutenant-Governor, Secretary of State, auditor of Public Accounts, Treasurer, Attorney-General, and Super- intendent of Public Instruction. Neither does does it apply to the State Board of Equalization or the trustees of the University of Illinois, both of which bodies are elective. Each of the nine departments has a single head called a Director, who is appointed by the Governor with the approval of the Senate for a term of four years, beginning on the second Monday in January next after the election of the Governor. The annual salary laid dovsm in the code for each of these directors is: Director of Einance, $7,000; Director of Agriculture, $6,000 ; Director of Labor, $5,000 ; Director of Mines and Minerals, $5,000; Director of Public Works and Buildings, $7,000; Director of Public Welfare, $7,000; Director of Public Health, $6,000; Director of Trade and Commerce, $7,000; Director of Registration and Education, $5,000. In addition to the directors certain subordinate officers are created for each of the departments and their annual salaries designated as follows: IlT THE DePAETMENT OF EiNANCE Assistant Director of Einance, $4,200; Administrative Auditor, $4,800; Superintendent of Budget, $3,600 ; Superintendent of Department Reports, $3,600. In the Depaetment of Ageicultuee Assistant Director of Agriculture, $3,600 ; General Manager of the State Fair, $3,600; Superintendent of Foods and Dairies, $4,800; Superintendent of Animal Industry, $3,600; Superintendent of Plant Industry, $3,600; Chief Veterinarian, $4,200; Chief Game and Fish Warden, 3,600. Plans in Opebation 253 In the Department op Laboe Assistant Director of Labor, $3,000; Chief Factory Inspector, $3,000'; Superintendent of Free Employment Offices, $3,000; Chief inspector of Private Employment Agencies, $3,000. In the Depaetment of Mines and Mineeals Assistant Director of Mines and Minerals, $3,000. In the Depaetmbnt of Public Woeks Assistant Director of Public Works and Buildings, $4,000; Superintendent of Highways, $5,000; Chief Engineer, $5,000; Supervising Architect, $4,000; Supervising Engineer, $4,000; Superintendent of Waterways, $5,000; Superintendent of Printing, $5,000; Superintendent of Purchase and Supplies, $5,000; Superintendent of Parks, $2,500. Depaktment the Public Welfaee Assistant Director of Public Welfare, $4,000; Alienist, $5,000; Criminologist, $5,000; Fiscal Supervisor, $5,000; Superintendent of Charities, $5,000; Superintendent of Prisons, $5,000; Superintendent of Pardons and Paroles, $5,000. In the Depaetment op Public Health Assistant Director of Public Health, $3,600; Superintendent of Lodging House Inspection, $3,000. In the Depaetment op Teade and Commeece Assistant Director of Trade and Commerce, $4,000 ; Superintendent of Insurance, $5,000; Fire Marshal, $3,000; Superintendent of Standards, $2,500; Chief grain inspector, $5,000. In the Depaetment op Registeation and Education Assistant Director of Registration and Education, $3,600 ; Superintendent of Registration, $4,200. The above named officers perform such duties as the Directors of their respective departments prescribe. The manner of their appointment is the same as that of the Directors. 254 Report of Eeconstkuctio^t Commission While the code makes no specific provisions for divisions or bureaus within the several departments, it V70uld seem to indicate by the titles of the subordinate officers that such divisions or bureaus are to be estab- lished; that they have been may be seen from an examination of the " Report of the Directors Under the Civil Administrative Code of 1918." The survey of the administrative activities of the state showed that there were certain boards or commissions which discharged quasi-legisla- tive or quasi-judicial functions. In framing the Administrative Code, the principle was followed that one man should have the entire responsi- bility in the discharge of functions which are purely executive. Hence the single-headed departments. However, in the discharge of functions which are quasi-legislative or quasi-judicial it was deemed essential that the opinion of a reasonable number of men acting as an entity should be procured. Hence the code provides that all functions which are primarily quasi-legislative or quasi-judicial are to be vested in the proper boards or commissions. These boards or commissions and the annual salaries of the several members are provided for as follows : The Food Standards Commission in the Department of Agricul- ture, composed of the Superintendent of Foods and Dairies and two officers designated as Food Standard Officers, the latter receiving $450 each. The Industrial Commission in the Department of Labor composed of five persons, each receiving a salary of $5,000. The Mining Board in the Department of Mines and Minerals, consisting of the director of the department of mines and minerals and four persons designated as mine officers, at a salary of $500 each. The mining Examining Board in the Department of Mines and Minerals, consisting of four persons receiving a salary of $1,800 each. The Public Utilities Commission in the Department of Trade and Commerce, composed of five members designated as Public Utility Commissioners at a salary of $Y,000' each, and having a secretary at a salary of $4,000. The Normal School Board in the Department of Registration and Education, composed of the Director of the Department, the Superintendent of Public Instruction and nine other persons. Each of these board acts as a separate entity. "While the Director of Mines and Minerals is a member of. the Mining Board and the Director of Registration and Education is a member of the Normal School Board, Plans in Opeeatiox 255 each board exercises its quasi-legislative and quasi-judicial functions without any supervision, direction or control by the Director of the department to which it is attached. Each of these boards is not only a component part of the department to which it belongs, but it is also under the general system of finance and budget to which all officers named in the code are subjected. Both the executive officers and the members of the quasi-legislative and quasi-judicial boards, excepting the two Food Standard Officers, the members of the Mining Board and the members of the Normal School board are obliged to devote their fxdl time to the duties of their several offices. All employees of the departments are under the civil service regulations of the State. Since questions of policy are continually being presented to the adminis- trative departments, it was deemed wise to make provisions in the code for advisory boards to assist and advise the Directors of the Departments and the Grovemor in matters of policy and administration. Hence the following advisory boards were created: In the Department of Agriculture: A board of Agriculture Advisors, composed of fifteen persons and a Board of State Fair Advisors, consisting of nine persons, not more than three of whom are to-be appointed from any one county. In Department of Labor : A Board of Illinois Free Employment Office Advisors, composed of five persons ; A Board of Local Illinois Free Employment Office Advisors for each free employment office, composed of five persons. In the Department of Public "Works : A Board of Art Advisors, composed of eight persons; a Board of Water Resource Advisors, a Board of Highway Advisors and a Board of Park and Building Advisors, each composed of five persons. In the Department of Public Welfare : A Board of Public Wel- fare Commissioners, composed of five persons. In the Department of Public Health : A Board of Public Health Advisors, composed of five persons. In the Department of Rfegistration and Education : A Board of Natural Resources and Conservation Advisors, composed of seven persons; a Board of State Museum Advisors, composed of five persons. Members of these advisory boards are to be chosen because of their special qualifications. While it is not required that they devote their entire time and attention to the business of the state, they are expected to place their skill and professional experience at the state's disposal 256 Report of Recoktsteuction Commission whenever needed. The members of the several advisory boards receive no compensation. The Code gives each advisory board the power to study the entire iield to which it is related, to advise the departmental officers, to make recommendations to the Governor and the Legislature, and to investigate the conduct and the work of the department of which it is a part. Such boards may also adopt rules and regulations not inconsistent with law and are required to hold meetings and keep minutes. The Code gives the Governor the power, immediately upon taking office, to appoint all of his administrative officers with the advice of the Senate for a term of office equal to his ovm, that is, four years. The only exceptiin is in the case of the ISTorraal School Board whose members, other than the Director of the Department of Registration and Education, hold office for six years, three members retiring each two years. A considerable improvement was made in the previously existing arrangements as to the location of offices. Before the code was adopted some offices were located at Springfield, some in Chicago and some in a number of smaller cities of the state. Now each department is required to maintain a central office at the capital, although for certain activities it may maintain branch offices in other parts of the state. This plan not only makes a large saving in office rent but it enables the citizens of the state to know where they can find the department with which they wish to do business. The Department of Finance is not only regarded as the most important of the new departments, but it is practically a new conception since it took over little work performed by previously existing administrative agen- cies. The functions of this department are as follows : To prescribe and install a uniform system of bookkeeping, accounting and reporting; to examine into the accuracy and legality of accounts and expenditures of other departments; to examine and approve or disapprove all bills, vouchers, and claims against the other departments; to prepare a budget for submission to the Governor ; to formulate plans for better coordination of deposits. In addition to these functions, the Director acts as the financial advisor for the departments directly under the Governor's con- trol and as an observer for him. Practically all the powers of the depart- ment are vested in the Director who by rules and regulations prescribes how such powers shall be administered. Through the Department of Finance a centralized control of the expenditures made by the agencies responsible to the Governor is secured. While this department has no direct control over expenditures made by any department other than those created by the Code, yet it Is required to study the entire field of governmental needs in ordei' to prepare the budget. Plans in Opjskation 257 The Department of Agriculture is given the powers and duties formerly exercised by the following agencies : Board of Live Stock Commisioners, State Veterinarian, Stallion Eegistration Board, State Inspectors of Apiaries, State Entomologist, State Food Commissioner, State Game and Fish Commission, Humane Agencies, State Laboratory and State Fair Board. It is also charged with certain duties pertaining to gathering and disseminating knowledge relative to agricultural interests. The Department of Labor exercises the powers and duties vested by law in the following previously existing agencies: Commissioner of Labor, Free Employment Offices and Local Free Employment Offices, Chief Inspector of Private Employment Agencies, Chief Factory Inspector, State Board of Arbitration and Conciliation, Industrial Board. It is also required to collect and disseminate information relative to labor. The Department of Mines and Minerals is charged with the exercise of the powers and duties formerly vested in the following : State Mining Board, State Mine Inspectors, Miners' Examining Commission, Mine Fire Fighting and Rescue Station Commission. The Department of Public Works and Buildings exercises the powers and duties formerly vested in the State Highway Commission, Illinois and Michigan Canal Commissioners, Rivers and Lakes Commission, State Water Survey, Illinois Park Commission, Fort Massac Trustees, Lincoln Homestead Trustees, Lincoln Monument Commission, Superintendent of Printing, Supervising Engineer, State Art Commission. The office of State Architect is abolished and the policy providing for a super- visory architect is substituted. The department is given supervision over all public monuments and memorials erected throughout the State. A strong central purchasing agency is created in the department which makes purchases for all departments, thus affording a means by which the State may not only standardize its purchases but effect a great saving in money by purchasing in large quantities. The Department of Public Welfare exercises the powers and duties which were vested in the following : Board of administration which has jurisdiction over the charitable institutions of the state, State Deportation Agent, State Agent for the Visitation of Children, Officers of Illinois Penitentiary, Illinois Park Commission, Illinois State Reformatory, Board of Prison Industries, Board of Classification and Board of Pardons. The administration of all charitable and penal institutions is consolidated under this department. The Department of Public Health exercises the powers and duties formerly vested in the State Board of Health excepting the registration 9 258 Repokt of Eeconsteuction Commission of physicians and embalmers. The department is also given other broad and general powers relating to health and sanitation. The Department of Trade and Commerce is charged with the powers and duties formerly exercised by the following agencies : Public Utilities Commission, Insurance Superintendent, Grain Inspector's Department, Inspector of Automatic Couplers, State Fire Marshal and Statute in ilelation to Weights and Measures. The Department of Registration and Education exercises the license powers vested by law in: Board of Veterinary Examiners, Board of Examiners of Ilorseshoers, State Board of Examiners of Architects, State Board of Examiners of Structural Engineers, State Board of Health, State Board of Pharmacy, State Board of Dental Examiners, State Board of Xurse Examiners, Stale Board of Optometry and State Board of Barber Examiners. The principal work of the department is the examination of applicants for trades and professions. In conducting these examinations the department has the assistance of examining boards appointed by the director from each profession. The administration of the five normal schools is consolidated under this department. The department also acts as the scientific and investigating body for the other departments. Such educational activities as the Study of Consei-vation,, lyTatural Resources, Zoology, Botany, Entomology and G«ology of the State and the collection of specimens for a museum are placed under this department. Three objections may be made to the Illinois Civil Administrative Code, one of which may be regarded as a defect in the code itself, and the other two as omissions. In the first place, it fails to give the governor or rather his chief administrative officers full and unhampered authority in the appointment of a number of subordinate oflacers. It is contrary to the principle of responsibility to have a number of subordinate officers appointed by the Governor with the approval of the Senate. Such appointments should be made by the department heads after consultationwith the Governor. In the second place, the code does not attempt to codify the existing laws relating to administration. The old laws stand as they were before- the adoption of the code. Only the agencies through which their pro- visions are enforced have been changed. If the provisions of the law were followed to the letter, there would be much overlapping and duplica- tion of work. Fortunately, however, the provisions were made in the code requiring co-operation between the new departments whereby much of this duplication may be avoided in the actual administration of the work. Plans in Oper-^-tion 259 In the third place, the code is not sufficiently comprehensive. It does not include all the administrative agencies of the State. The constitutional administrative officers other than the Governor; that is the Lieutenant- Governor, Secretary of State. Treasurer, Auditor of PuLlic Accounts, Attorney-General and Superintendent of Public Instruction, all of which are elective; and two statutory and elective boards, the State Board of Equalization * and the Trustees of the University of Illinois, exist inde- pendently of the code departments. It was found impractical and inex- pedient to make the code, at the time it was enacted, include these agencies. It is hoped that the Constitutional Convention, which is soon to meet, will complete the work of consolidation so far as the constitutional administrative agencies are concerned. Even with these shortcomings, the Illinois Civil Administrative Code constitutes the first comprehensive consolidation scheme enacted into law. It is a worthy example to other states of what can be accomplished by statutory means in the bringing together of scattered administrative agencies and their integration into a real administrative system. Working of the Illinois Flan Governor Lowden in his message to the Legislature on January 8, 1919, made the following statement as to the working of the Illinois Civil Administrative Code: " The Civil Administrative Code went into effect on July 1, 1917. It amounted to a revolution in government. Under it a reorganiza- tion of more than one hundred and twenty-five boards, commissions and independent agencies was effected. Nine departments, with extensive and real power vested in each head have taken the place of those bodies which Avere abolished, and discharge, under the gen- eral supervision of the governor, the details of government for which the governor is responsible. At the time the bill was up for con- sideration it was claimed that it would result in both efficiency and economy. " It has more than justified all the expectations that were formed concerning it. The functions of the government are discharged at the capitol. The governor is in daily contact with his administration in all its activities. Unity and harmony of administration have been attained, and vigor and energy of administration enhanced. " It seems to me almost providential that it should have been en- acted into law before war actually came. A large number of the state's most expert officials and employees were drawn upon by the govem- ♦XTpon recommendation of Governor Lowden, the recent Legislature abolished the Board of Equalization and transferred its duties to a Board of Tax Commissioners (composed of three members appointed by the Governor) under the Department of Finance. 260 IIepoet of Iveconstkuction Commission ment at Wasbington because of the exigencies of the war. The same difficulties arose in the conduct of public business, which vexed private business so much. There was necessarily much confusion. The cost of all supplies rose rapidly. Unless the more than hundred scattered agencies, which had existed theretofore, had been welded by the Civil Administrative Code into a compact and coordinate government, anything like efficient state government, during these difficult times, would have been impossible. Illinois, through the greater elasticity and efficiency of her new form of government, was able to meet eveiy emergency of the war without an extraordinary session of her Legislature. " The appropriations made by the last general assembly were based tipon pre-war prices and conditions. And yet, we will have completed the biennium without a defficiency in any department under the code, with the exception of the item of supplies for the charitable and penal institutions in the department of public welfare. Idaho The Administration Consolidation Act of Idaho was approved by the Governor on February 19, 1919. The act was passed by the Legislature as an emergency measure and took effect on March 31, 1919. The immediate passage of the act was urged because of " the necessity for the reorganiza- tion of the civil departments of the state . . . so as to effect a saving in the administrative expense and an increase in efficiency." Orgpanization Under the Idaho Act The administrative consolidation of Idaho organizes the administrative agencies of the government, with the exception of the constitutional offices and boards and certain educational boards, into nine departments : Department of Agriculture, Department of Commerce and Industry, Department of Finance, :' Department of ImmigTation, Labor and Statistics, Department of Law Enforcement, Department of Public Investments, Department of Public Welfare, Department of Public Works, Department of Eedamation. As indicated by the accompanying chart, this reorganization does not affect the seven constitutional elective officers, namely, the Governor, Plans in Operation 261 Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, and Superintendent of Public Instmetion ; also tlie five constitutional boards, that is, the State Board of Equalization, State Board of Pardons, State Board of Prison Commissioners, State Board of Land Commissioners, and Directors of the Asylum for the Insane. These boards all have ex-officio membership except the Directors of the Asylum for the Insane, who are appointed by the Governor with the approval of the Senate. Each of the nine departments has a single head, called a Commissioner. The Commissioners, with the exception of the Commissioner of Immigra- tion, Labor and Statistics, are appointed by the Governor and remov- able by him in his discretion. The Commissioner of Immigration, Labor and Statistics, is a constitutional officer, appointed by the Governor with the consent of the Senate for two years. He is the only department head whose tenure of office is fixed. The annual salary of each Commissioner is fixed at $3,600. All other salaries under the Adtainistration Con- solidation Act are fixed by the Commissioner of the department con- cerned, with the approval of the Governor, not exceeding, however, the amounts determined upon by the Legislature. In addition to the Commissioners, the following executive and admin- istrative officers are created: In the Department of Aghictjltubb Director of Markets. Director of Animals Industries, Director of Plant Industries. Director of Fairs. In the Department of Commerce and Industry Assistant Commissioner of Commerce and Industry. Director of Banking. Director of the Insurance. Manager of State Industrial Insurance. In the Department of Land Investigation Fish and Game Warden. In the Department of Public Welfare. Public Health Advisor. In the Department of Public Works Director of Highways. In the Department of Reclamation Director of Water Resources. 262 Repoet of Eeconsteuctiok Co1!MISSIOW These siibordinate officers are appointed by the Governor, are under the direct supervision and control of the commissioners of the several departments : As in the case of the Illinois Code, the Consolidation Act of Idaho does not lay down specific provisions for bureaus or divisions under the depart- ments. However the titles of the subordinate officers would indicate that organization into divisions or bureaus is to be made at the discretion of the department heads. One advisory Board is provided for by the Consolidation Act. This is the Board of Agricultural Advisors, composed of nine unpaid persons appointed and removable by the Governor. They must be representative citizens of the state, engaged in Agricultural pursuits, not excluding representatives of the agricultural press and of the State Agricultural Experiment station. The Board of Agricultural Advisors is given the power to consider and study the entire field of agriculture and to give advice to the executive officers of the department, the Governor and Legislature. Inasmuch as the existing laws remain unchanged — the Consolidation Act changing only the agencies through which the laws are enforced — provisions are made in the act under which " the Governor shall devise a practical and working basis for cooperation and coordination of work, eliminating duplication and overlapping of functions." The Department of Agriculture combines the following agencies: State Board of Agriculture, Director of Farms and Markets, State Board of Horticultural Inspection, State Horticultural Inspector, State Bee Inspector, State Livestock Sanitary Board, State Veterinary Surgeon, State Recorders of Brands, State Sealer of Weights and Measures. The Department is charged with the duty of promoting agriculture and marketing throughout the state. The Department of Commerce and Industry includes powers and duties formerly exercised by the State Bank Department, the Insurance Department, the State Insurance Manager, the Board of Repeal from the decisions of the Banking Commissioner, and the Miiie Inspector. This Department executes all laws relating to banks and banking and to insurance and insurance companies doing business in the state. It also administers the State Industrial Insurance Fund. The Department of Finance exercises the rights, powers, and duties vested by law in the State Examiner and the State Depository Board. It is required to supervise and examine state accounts and accounts of private concerns receiving state, money. It also keeps accounts of the Plans in Operation 263 State's chattel property and inspects its securities. State depositories are designated by this Department and are required by it to furnish proper securities. This Department is required to demand and receive reports from the State Treasurer, State Auditor, State Bank Examiner and other officers. It may inspect any state office or any state depository. All state laws relating to the assessment of property and the levy, col- lection, opportionment and distribution of taxes are supervised and enforced by this Department. The State Board of Equalization, a con- stitutional and ex-officio body, is associated with this Department. The preparation of the budget data for the Governor is assigned to this Department, as well as the supervision of the investigation of work in the other depailments. The Department of Immigration, Labor and Statistics is the Bureau of Immigration, Labor and Statistics, formerly established by the con- stitution (Article VIII, section 1) and laws. It is empowered to pro- mote the welfare of workers and their commercial, industrial, social and sanitary condition. It is required to collect information upon the subject of labor in its relation to capital, the hours of labor and the earn- ings of laboring men and women. The officials of this Department are required to visit shops, factories, mercantile establishments and other places where working people are employed. The Department may deter- mine and prescribe what safety devices, safeguards and other means of protection are needed to safeguard the employees of factories and workshops. The Department of Law Enforcement is required to exercise the rights, powers and duties originally vested in the Fish and Game Warden, Sec- retary of the State Highway Commission (so far as his duties relate to the registration of motor vehicles). State Board of Medical Examiners, iState Board of Dental Examiners, Board of Osteopathic Examination, Idaho State Board of Examiners in Optometry, Board of Pharmacy, State Board of Examination and Kegistration of Graduate Nurses, Board of Examining Surveyors, State Engineer as ex-officio chairman of the State Board of Examining Sui-^'eyors, Idaho State Board of Veterinary Medical Examiners, State Board of Accountancy, State Board of Exam- iners of Architects, and Examining Committee of the State Board of Health for the Examination of Embalmers. This department is required to establish and maintain fish hatcheries and game preserves and to take all necessary measures for the preservation of fish and game. It is also required to supervise the licensing of motor vehicles and motor vehicle manufacturers, dealers and chauffeurs; also to enforce all the penal and 264 Eepokt OB" Reconsteuction Commission regulatory laws of the State in the same manner and with like authority as the Sheriffs of the counties. In order to assist the Department of Law Enforcement in the regis- tration of occupations, the Commissioner may name from time to time hoards, varying from three to six persons, from the various professions to conduct the examinations for state licenses. The Department of Public Investments is authorized to control, loan and invest all the permanent funds of the State in such securities as are designated in the Constitution. It fixes the rate of interest to be charged upon all loans upon real estate; has the custody of all certificates and contracts for the sale of state lands and timbers, all leases of state lands, all mortgages, bonds and^ other securities in which the permanent funds of the state are invested, and collects all moneys due the state from these sources. The Department of Public Welfare is charged with the exercise of the powers and duties vested in the Board of Directors of the Northern Idaho Sanitorium, the Board of Directors of the Idaho State Sanitorium, the Board of Trustees of the Soldiers' Home, the State Board of Health, the Bureau of Vital Statistics, and the Dairy, Food and Sanitary Inspector and the State Canvasser. The Department of Public Works is authorized to exercise the powers and duties formerly vested in the State Highway Commission, the State Highway Engineer, the Board of Trustees of the Capitol Building, and the Heybum Park Board of Control. This Department constructs and maintains state highways and cooperates with and receives aid from the federal government for the improvement of state highways. Coopera- tion is established between the county and highway district commissions and this Department. The Department of Reclamation exercises the powers and duties vested in the State Engineer and the State Board of Land Commissioners, an ex-officio and constitutional body. Result of Idaho Act The Idaho Administration Consolidation Act abolishes more than forty administrative offices, boards, commissions and other agencies. As has already been pointed out, the act does not include the functions performed by six constitutional administrative officers, other than the Governor, and by five constitutional boards. However, the functions of two of these boards are amalgamated with the work of the new depart- ments. In the case of the certain constitutional boards, namely the Plans in Opkkation 265 State Board of Pardons, the State Board of Prison Commissioners, and the Directors of Asylum for the Insane, no definite provisions are made in the Consolidation Act for association with the new departments. Several statutory boards performing educational functions still exist, since the Act does not take into account educational activities. While the Idaho Act does not attempt to codify the existing laws re- lating to administration, it makes provisions, as does the Illinois Code, to avoid overlapping and duplication of work by requiring cooperation be- tween the new departments. The Idaho Consolidation Act has accomplished as thorough a reor- ganization of the state administration as is possible without changing the Constitution. It contains the basis of a consistent, well-ordered plan. However, as in Illinois, constitutional changes are necessary in order to make the plan comprehensive and complete. Nebraska A Joint Committee of the House and Senate, authorized by the Legis- lature of 1913, mad© a study of the administrative organization of the State of Nebraska. In a report dated May 15th, 1914, this Committee observed that in the thirty-nine years which had elapsed since the adop- tion of the Constitution of 1875, the original seven executive depart- ments had been increased to eighty-two distinct objects of appropriation. The Committee recommended that the next Legislature provide for a survey to bring about consolidation and reorganization. The movement for consolidation was further stimulated by the recom- mendations contained in the messages of Governors Moreland and Neville to the Legislature. In the last Republican platform the follow- ing promise was made to the voters of the State : " We favor the enact- ment of a Civil Administrative Code in this State, creating a financial and accounting system whereby a vigorous and effective audit over financial expenditures of the state may be established, and providing for the consolidation of the boards, institutions, commissions and different departments and agencies of government, thereby eliminating useless offices and positions and avoiding the overlapping functions thereof, and we further favor the creation of an effective budget system to, the end that government functions may be more efficiently and economically administered." Under the leadership of Governor McKelvie the Nebraska legislature of 1919 passed a law creating a Civil Administrative Code. 266 Repoet of Eeconsteuction Commission Organization Under the H^ebraska Code ' ', The Civil Administrative Code of N^ebraska creates the following administrative departments : Department of Finance, Department of Agriculture, Department of Labor, Department of Trade and Commerce, Department of Public Welfare, Department of Public Works. This reorganization includes practically all changes in organization which can be made without constitutional amendment. There are eight constitutional officers. Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor of Public Accounts, Attorney-General, Com- missioner of Lands and Buildings, and Superintendent of Public In- struction. There are also four constitutional boards — the State Rail- road Commission, composed of three members elected for a term of six years ; the Board of Regents, composed of six members elected for a tenn of six years; the Board of Commissioners of Stat« Institutions, com- posed of three members appointed by the Governor with the consent of the Senate for a term of six years, and the Board of Educational Lands and Funds, composed of ex-officio members. Two statutory boards, the State Board of Equalization and the State Board of Agricul- ture, are continued and are attached to the Department of Finance and the Department of Agriculture, respectively. Each of the six departments has a single head, known as a Secretary, ■who is appointed by the Governor with the approval of the Senate for a term of two years. The Code prescribes an annual salary of $5,000' for each of these Secretaries, which is twice that received by the Governor. Under the code the Governor is required to confer with the department heads relative to appointments and to appoint such deputies, assistants, employees and clerical help as may be necessary. The Secretary of each Department prescribes regulations for his De- partment. Each Department is required to maintain a central office at the capitol of the State and may establish branch offices upon the approval of the Governor. Each Department makes investigations of all books and records of any person, firm, or corporation under the control of, doing business with, or regulated by the state. The Department of Finance prescribes and installs uniform accounting in the other departments. It supervises the accounts and financial Plans in Opebatiojt 267 reports of the other departments, keeps summary and controlling ao- coiints of the expenditures of these departments, and approves or dis- approves all vouchers, bills, and claims. Investigation of duplication of work of the departments, as well as the publication of information with reference to the administration, are vested in the Department of Finance, which is required to act as a staff agency to the Governor in the preparation of the budget. This department also prescribes uniform rules governing the purchase of supplies. It is given supervisory powers over taxation, the work of the State Board of Equalization being merged into it. The work of this department is composed mainly of new func- tions. Only the functions of one office, the State Printer, have been taken over by this department. The Department of Agriculture is vested with the powers and duties originally performed by the Food, Drug, Dairy and Hotel Commission, the Livestock Sanitary Board, the Board of Survey and Public Welfare, and Deputy Game Warden. The State Board of Agriculture, which is a statutory board, was not abolished by the code but was made advisory to this Department. In addition a new function of markets and market- ing has been added to the Department of Agriculture. The Department of Trade and Commerce is vested with the powers formerly exercised by the State Banking Board, the State Insurance Board and the Deputy Fire Commissioner. The State Railway Com- mission, a constitutional and elective board, cooperates with this depart- ment in the exercise of its functions. This department also admin- isters the " Blue Sky " law with reference to corporations. The Department of Labor assumes the powers and duties formerly vested in the Compensation Commission and Deputy Labor Commis- sioner. It administers Workmen's Compensation, prepares industrial statistics, and maintains a free employment bureau. It also admin- isters the child labor law, health and sanitary inspection, and the safety regulation of factories and other places of employment. A State Board of Mediation and Investigation is created, which consists of the Gov- ernor and the Secretaries of the six Code Departments. The Department of Public Works discharges the functions vested by law in the State Board of Highways, Ii-rigation and Drainage. It also takes over the licensing of motor vehicles from the office of the Secretary of State. The construction of all highways, irrigation Works, and drainage within the state is under the supervision of this department. . The Department, of -Public 'V\''elfare performs the functions of the State Board of Health, the Child Welfare Commission and thf Board of Pardons and Parole. It is charged with the execution and enforcement of all laws relating to food inspection, sanitation and the prevention of 268 Eeport of Reconstecjction Commission contagious and communicable diseases. The department is required to conduct examinations for licensing of physicians, surgeons, chiropracti- tioners, dentists, nurses, pharmacists, optometrists, embalmers and veter- inary surgeons. It has the enforcement of laws relating to weights and measures. It supervises the registration of vital statistics. The state system of public charites and corrections is under the direction of this department as well as the regulation of maternity homes and the placing of dependent and delinquent children. Besult of Nebraska Code The Code eliminates eight boards and commissions and consolidates ten departments that have similar functions, into six main departments, the heads of which are appointed by the Governor and confirmed by the Senate. It gives the Governor no power that i^ not provided by the Constitution or the law. He will make fewer major appointments under the Code than he made under the old law. Unlike the codes of Illinois and Idaho, the Nebraska Code brings together and codifies the administrative law of the State. In this way the overlapping functions between the newly created departments have been eliminated by revision and numerous new duties essential to the successful operation of the several departments have been added. Nebraska has followed the same general plan in the adoption of her codes as have Illinois and Idaho. As in the other two states a thorough- going centralization of the administration is impossible .without consti- tutional amendment, Plans Under. Consideration 269 CHAPTER IV.— PLANS TJNDEK CONSrOEHATIOir The Massachusetts Plan The Joint Special Committee on Finances and Budget Procedure, created under joint order of the Legislature of May 23, 1917, and con- sisting of three members of the Senate appointed by the President and six members of the House appointed by the Speaker, was empowered to "investigate and consider the matter of the consolidation and abolition of commissions." In the report of this Committee to the Legislature of 1918 * a tentative plan of consolidation was proposed. The com- mittee reported that after visiting Illinois and studying the results of the organization there, it was convinced that the adoption of such a system was desirable. It stated that the administrative work of Massa- chusetts was at that time performed by two hundred and sixteen more or less independent agencies; one hundred and ten of which had a single official in charge; three of which had a single official with an advisory council ; and one hundred and three of which were boards or commissions. The tentative plan proposed by the Committee provided for the retention of the five elective constitutional administrative officers, namely, the Gov- ernor, Secretary of the Commonwealth, Treasurer and Receivei^General, Auditor of the Commonwealth, Attorney-'General, as well as Council to the Governor, consisting of nine elective members. The remaining administrative agencies were to be grouped under eleven bureaus or departments, the heads of which were to be appointed by the Governor with the approval of the Council. These departments or bureaus were to be as follows: Civil Service Control, Military, Public Utilities, Public Works, Public Health, Banking and Taxation, Commerce and Labor, Conservation of Natural Resources, Registration and Education, State Welfare, Metropolitan District Commission. The Constitutional Convention of Massachusetts, which held its final sessions during the summer of 1918, took up the subject of administrative consolidation. Although no detailed study had yet been made of the administrative agenci es of the state the Convention agreed upon a proposed * House No. 1185. 270 RiSrOKT Olf I^ECONSTEUCTIO^^ CoMMissioisr ameinlment to the Constitution designed to bring about more efficient administration of the business of the state. This amendment was sub- mitted to a vote of the people on November 5, 1918, and was ratified. The amendment reads as follows: " On or before January 1, 1921, the executive and administrative work of the Commonwealth shall be organized in not more than twenty departments, in one of which every executive and administrative office, board and commission, except those officers serving directly under the Croveinor or the Council, shall be placed. Such departments shall be under such supervision and regulation as the General Court may from time to time prescribe by law." * It is claimed that the work of getting the amendment through was facilitated by the postponement of investigations similar to those made in Illinois and Kew York. It is asserted that since there was no definite plan of reorganization before the Conventicm, consolidation was con- sidered upon its merits and was not hindered by the rivahy and jealousy of the existing officers or by political bickering over the details of the plan. No one in the Convention knew definitely what administrative agencies were to be abolished. For this reason the opposition was unable to offer concrete objections to the plan and to muster the office holders who might be eliminated by its operation. Preceding the beginning of the 1919 session of the Legislature, the Supervisor of Administration made a general survey of the administra- tive agencies of the State. He proposed a plan of consolidation which v/as submitted to the 1919 Legislature together with a number of bills designed to cany the plan into effect. This plan proposed no changes in the offices of the elective constitutional officers except the addition of a few new functions. Five of the proposed departments were, therefore, to be headed by constitutional officers: Governor and Council, Secretary of the Commonwealth, Treasurer and Receiver-General, Auditor of the Commonwealth, Attorney-General. The Office of Supervisor of Administration was placed under the Governor and the Council. The remaining administrative agencies of the State were grouped under fourteen departments as follows: Department of Tax Commissioner and Commissioner of Cor- porations, Department of Public Utilities, Department of Public Health, Department of Accounting, Banking and Insurance, * Amendment No. 19. Plans Undek Consideration 271 Department of Industrial Accidents, Department of Labor and Industry, Department of Education and Registration, i Department of Public Works, Department of Agriculture, Department of Institutions, Department of State Welfare, j Department of Public Safety, Department of Civil Service, Department of Metropolitan District. Thus all tlie administrative agencies of the State were grouped under nineteen proposed departments. In the bills which the Supervisor of Administration submitted to the Legislature and which were designed to set up his proposed reorganiza- tion, no consistent scheme seems to have been followed in working out the overhead organization of the proposed departments. Some of them were to be administered by single heads and others by commissions. The proposed Departments of Registration and Education, Public Works, Agriculture, Accounting, Banking and Insurance,, Welfare, and Public Safety were to be headed by Directors appointed by the Grovemor with the approval of the Council for terms varying from three to five years, the term of the Governor being two years. Some of these departments were to have advisory boards appointed by the Governor with the consent of the Council, consisting of from five to eight members with overlapping terms, varying from three to five years. The Departments of Public Utilities, Metropolitan District and Civil Service were to be headed by Commis- sions composed of three members each appointed by the Governor with the consent of the Council with overlapping terms varying from three to six years. The Department of Labor and Industry was to have a Director as administrative head appointed by the Governor with the con- sent of the Council for a term of four years, and three commissioners to act as a Board of Arbitration and Conciliation appointed by the Gov- ernor with the consent of the Council for overlapping terms of three years. In addition to the proposals for reorganization submitted by the Super- visor of Administration, several other proposals were submitted by mem- bers of the Legislature in the session of 1919. After lengthy consideration of the proposed plans as embodied in the separate bills before the Legislature, it was decided to frame a single bill which would contain the entire consolidated organization. Accord- ingly this bill was prepared by the Legislative Committee on Admio- 272 Kepoet of Eeconsteuotion Commission istration and Commissions to which had been referred Governor Coolidge'a recommendations and various bills with regard to administrative reor- ganization. The Consolidation Bill* was presented to the Legislature on June 6, 1919. The Administrative Consolidation Bill now before the Massachusetts Legislature proposes to group the executive and administrative functions of the State, " except those which pertain to the Governor and the Council, or are exercised and performed by officers serving directly under the Governor or the Governor and Council," into the constitutional depart- ments of Secretary of the Commonwealth, Treasurer and Receiver-Gen- eral, Auditor of the Commonwealth, Attorney-General, and the following new departments created by the bill: Department of Agriculture, Department of Conservation, Department of Banking and Insurance, Department of Corporations and Taxation, Department of Education, Department of Civil Service and Registration, Department of Industrial Accidents, Department of Labor and Industries, Department of Mental Diseases, Department of Correction, Department of Public Welfare, Department of Public Safety, Department of Public Health, Department of Public Works, Department of Public Utilities, Department of Metropolitan District. It will be seen that the above plan proposes the organization of twenty departments — the maximum number permitted under the constitutional amendment — not including the Governor's office. Under the Governor and the Council are placed the military and naval functions, the Office of Supervisor of Administration, the Armory Commissioners, the Art Commission, the Short Ballot Law Commission, the Board of Appeal from Decisions of the Tax Commission, the Commission of the Uniformity of Legislation, the Commissioner of State Aid and Pensions and the Trus- tees of the State Library. The bill also empowers the Governor with the approval of the Council to appoint a Superintendent of Buildings for a term of three years. He is to have the care and operation of the state' house and to manage the purchasing of supplies for the state departments.. • House No. 1830. Plans Under Considebation 273 A Purchasing Agent and a Storekeeper may be employed to assist in the latter work. Since the Secretary of the Commonwealth is a constitutional elective officer, the only changes made by the consolidation bill in the work of his department are the addition of the functions now performed by the Commissioner of Public Eecords and the Bureau of Statistics, both of which are abolished. The Treasurer and Receiver-General is a constitutional officer elected for a term of two years. In addition to his present functions the exist- ing Board of Retirement and the Commissioners of Firemen's Relief are placed in his department. These boards continue to exist and ta perform their present functions. The department of the Auditor and the Attorney-General remain as organized at present. The Department of Agriculture is placed under the supervision and control of a Commissioner of Agriculture and an Advisory Board of six members all of whom are appointed by the Governor with the advice and consent of the Council. The Commissioner is to serve for a term of three years and the members of the Advisory Board are appointed for overlap- ping terms of three years, two being appointed each year. The annual salary of the CoDomissioner of Agriculture is not to exceed $5,0'00. Each member of the Advisory Board is to receive $10.00 per day while in conference and actual traveling expenses. While the bill states that the Commissioner of Agriculture is to be the administrative and executive head of the department, it requires that he shall obtain the approval of the Advisory Board in order to appoint and remove the Directors of Divisions under him. The Department of Conservation is to be under a Commissioner of Conservation to be appointed by the Governor with the advice and consent of the Council for a term of three years at a salary not to exceed $5,000 per year. The Department is to be divided into four Divisions, the heads of three of which are to be appointed by the Governor with the consent of the Council and the fourth to be the Commissioner of Animal Industry of the present Department of Animal Industry, which is transferred to. and placed under the Department of Conservation. The Commissioner of Animal Industry is to be appointed as now provided by law. The existing office of State Ornithologist is to be continued and to be placed under the Department of Conservation. The Department of Banking and Insurance is to be organized into three divisions, a Division of Banks and Loan Agencies, a Division of Insurance and a Division of Savings Bank Life Insurance. Each of these Divisions is to be under the direction and control of a Commissioner., 274 Eeport of Reconsteuction Commission' Two of these commissioners are to be appointed by the Governor with the consent of the council, for a term of three years each. The Com- missioner of Savings Bank Life Insurance is to be one of the board of trustees of the corporation known as the General Insurance Guarantee Fund, his term of office to be that of his appointment as trustee. The Department of Banking and Insurance will thus have three heads. The present Board of Trustees of the General Insurance Guarantee Fund and the Board of Bank Incorporation continue to exist under the Depart- ment of Banking and Insurance and perform the functions now assigned to them. The Department of Corporations and Taxation is to consist of the office of Tax Commissioner and Commissioner of Corporations as now organ- ized. The present Tax Commissioner and Commissioner of Corporations is to become the Commissioner of Corporations and Taxation. He is to receive a salary not to exceed $7,500. The department is to be organ- ized into four divisions, an Income Tax Division, a Division of Taxation, a Division of Corporations and a Division of Accounts. Each of the Divisions is to be in charge of a Director appointed by the Commissioner with the approval of the Governor and Council. The Department of Education is to be under the supervision and con- trol of a Commissioner of Education and a Board of Education composed of six members appointed by the Governor with the advice and consent of the Council. The Commissioner is to be appointed for a term of five years, at a salary not to exceed $7,500. The members of the Board are to be appointed for overlapping terms of three years, two each year. At least two members of this board are to be women, one of whom shall be a teacher. The Department of Education is to be organized into such divisions as the Commissioner with the approval of the Governor and Council may determine, which divisions must include a Division of Public Libraries, a Division of Education of Aliens and a Division of the Blind. The Division of Public Libraries is consist of the Board of Eree Public Libraries as now organized. The Division of Education of aliens is to consist of a Director, who may be a woman, and an advisory board of six members appointed by the Governor with the consent of the Council. The director is to be appointed for five years and the members of the advisory board for overlapping terms of three years each. The Division of the Blind is to consist of the Commission for the Blind as now organ- ized. Such other divisions as may be organized by the Commissioner are required to have a Director in charge appointed by the Commissioner with the approval of the Board of Education. Hence the proposed Depart- ment of Education is composed of three divisions, administratively inde- Plans Under Considekation 275 pendent of each other, and a group of divisions under the Commissioner of Education and the Board of Education. The present Board of Trustees of the Massachusetts Agricultural College, the Board of Commissioners of the Massachusetts jS^autieal School, the Trustees of the Bradford Durfee Textile School, the Trustees of the Lowell Textile School, the Trustees of the New Bedford Textile School, the Teachers' Retirement Board, the Board of Free JPublic Library Commissioners and the Commission for the Blind are continued in existence and are placed in the Department of Education. The Department of Civil Service and Registration is to be organized into two divisions, a Division of Civil Service and a Division of Regis- tration. The Division of Civil Service is to be under the control of a Commissioner of Civil Service and two Associate Commissioners appointed by the Governor with the approval of the Council for over- lapping terms of three years. The Commissioner is to receive $5,000 annually and with the Associate Commissioners constitutes a board which will prepare rules and regulations and hold hearings on civil service matters. The Division of Registration is to be under the supervision of a Commissioner appointed by the Governor with the approval of the Council for a term not to exceed two years, with an annual salary of $1,500. There are no provisions for coordinating the work of these two Divisions. Hence in reality two independent departments have been set up in the Department of Civil Service and Registration. The present Board of Registration in Medicine, the Board of Dental Examiners, the Board of Registration in Pharmacy, the Board of Regis- tration of Nurses, the Board of Registration in Pharmacy, the Board of Registration of Nurses, the Board of Registration in Embalming, the Board of Registration in Optometry, the Board of Registration in Vet- erinary Medicine and the State Examiners of Electricians continue in existence and are placed under the Division of Registration. The Department of Industrial Accidents is to consist' of the present Industrial Accident Board as now organized, and its duties and functions are to be the same as those of the present board. The proposed Department of Labor and Industries is to be under a Commissioner of Labor, an Assistant Commissioner, who may be a woman, and three Associate Commissioners, one of whom is to be a representative of labor, and all of whom are to be appointed by the Governor with the approval of the Council. The Commissioner and the Assistant Commissioner are to be appointed for terms of three years each while the Associate Commissioners are to be appointed for overlapping terms of three years each. The Commissioner is to receive $5,000 annually and the Assistant and Associate Commissioners $4,000 each. 276 Repoet of Reconsteuction Commission The Associate Commissioners are to exercise the functions now vested in the Board of Conciliation and Arbitration and the Minimum Wage Commission. The Department of Mental Diseases is to consist of the Massachusetts Commission on Mental Diseases, as at present organized. The Commis- sioner of Mental Diseases is to be the administrative and executive head of the department and is to act under the provisions of the law at present relating to him. The Department of Correction is to.be under the control of a Commis- sioner of Correction appointed by the Governor with the approval of the Council for a term of three years at an annual salary not to exceed $6,000. The Commissioner with the approval of the Governor and Council is to appoint and remove two Deputy Commissioners who are to perform such duties as the Commissioners may prescribe. The Department of Public Welfare is to be under the supervision of a Commissioner of Public Welfare and an Advisory Board, two of whom are to be women, all of whom are to be appointed by the Governor with the consent of the Council. The Commissioner is to be appointed for a term of five years and the members of the Advisory Board for overlapping terms of three years, two being appointed each year. The Commissioner is to be ex-ofiicio a member of the Advisory Board and is to receive a salary not to exceed $6,000 per year. The Department is to be organized into three divisions: A Division of Aid and Relief, a Division of Child Guardianship and a Division of Juvenile Training. Each of these divisions is to have a Director. The Director of Aid and Relief and the Director of Child Guardianship are to be appointed, removed and their salaries fixed by the Commis- sioner, with the approval of the Governor and the Council. The Director of Juvenile Training is to be a member of the Board of Trustees of Massachusetts Training Schools, designated by the Governor, and is to receive no compensation. The last-named officer, therefore, for all practical purposes is independent of the Commissioner of Public Welfare. The present Board of Trustees of Massachusetts Training Schools, the Board of Trustees of the Massachusetts Hospital School, and the Board of Trustees of the Massachusetts Infirmary and State Farm are trans- ferred to this deparatment and are continued in existence. The Commissioner of |Public Welfare is required to prepare and present for the approval of the Advisory Board rules and regulations governing the conduct of his department which are to take effect upon the approval by a majority of the members of this board. The present State Department of Health is to become the proposed Plans TJndee Consideration 27T Department of Public Health and the present Commissioner of Health is to be known as the Commissioner of Public Health. The powers and duties vested in the existing department are to be transferred to the proposed Department. The Department of Public Safety is to be under control of a Com- missioner of Public Safety appointed by the Governor with the consent of the Council for a term of five years at an annual salary not to exceed $5,000. The department is to be organized into three divisions: A Division of State Police under the direction of a Commissioner, a Divi- sion of Fire! Prevention under the charge of a Director to be known as the State Fire Marshal and a Division of Inspection under the charge of a Director to be known as Chief of Inspections. The Fire Marshal and the Chief of Inspections are to be appointed by the Governor with the consent of the Council for terms of three years at an annual salary not to exceed $4,000. The Department of Public Works is to be under the control of a Com- missioner of Public Works and Four Associate Commissioners, all of whom are appointed by the Governor with the approval of the Council. The Commissioner is to be appointed for a term of three years. The Associate Commissioners are to be appointed for overlapping terms of two years, two being appointed each year. The Department of Public Works is to be divided into a Division of Highway and Division of Waterways and Public Lands. The Governor is to designate two of the Associate Commissioners to have charge of each of these divisions, thus making a dual-headed administration of the divisions. The Department of Public Utilities is to be under the control of a com- mission of five members appointed by the Governor with the consent of the Council for everlapping terms of five years each. The Governor ia to designate one of the commissioners as Chairman, who will receive an annual salary of $9,000. The other commissioners are to receive an annual salary of $8,000 each. The Department of Metropolitan District is to be under the control of a Commissioner and four Associate Commissioners, all of whom are to be appointed by the Governor with the approval of the Council. The Com- missioner is to serve for a term of five years and the Associate Com- missioners for overlapping terms of four years each. The Commissoner is to receive an annual salary not to exceed $6,000 and the Associate Commissioners are to receive $1,000 each per year.. It is obvious that the proposed plan for consolidation in Massachusetts, as above outlined, is little more than a carefully contrived scheme for 278 Eepoet of Reconsteuction Commission retaining in office practically all of the officials connected with the present administrative agencies. Very few offices have been abolished. Most of the present agencies have been continued in existence and placed under the various depai-tments of the proposed plan without alteration either in personnel or duties. Seven boards and commissions which apparently did not fit into the scheme anywhere else were placed under the Gover- nor's office. The overhead organization set up under this plan for the various depart- ments is both illogical and inconsistent. Some departments are admin- istered by single heads and others by commissions. Some departmental heads are elective, others are appointed by the Governor and the Council. In the case of the Department of Education the administrative authority is vested in the commissioner and a board of six members. Under this department are three bureaus, not only independent of each other but also of the remaining bureaus of the department. The Department of Banking and Insurance has three independent heads. Evidently those who drafted the bill noted that this department was not an administrative entity since they inserted a provision requiring the three commissioners to " act as a board in all matters concerning the department as a whole ". The department is Iherefore only nominally unified. The Department of Civil Service and Tlegistration is in reality two independent divisions, since the head of the Division of Civil Service and the heads of the Division of Registration are independently appointed and no provisions are made for the coordination for the work. In the Department of Public Works one of the divisions provided for by the bill has a two-headed administration. Some of the existing func- tions have not been properly classified under the proposed departments. Eor example, the present Commissioner of Animal Industry is placed in the Department of Conservation. The provisions with reference to the appointment of department heads, departmental boards and subordinate officers are so complicated and involved as to destroy all responsibility for action. All appointments made by the Governor must have the approval of the Council, an inde- pendent elective body of nine members. The administrative officers are appointed in practically all cases for terms of three or five years, and the members of the administrative and other boards are usually appointed for overlapping teims of from three to six years. In all cases except those of the elective constitutional officers, the terms of the adminisfiiatwe officers are longer than that of the Governor, his term being fixed by the constitution at two years. Even if some administrative officers were not elective and if the Governor did not have to share responsibility with the Plans Under Consideration 279 Coancil in the appointment of the administrative officials, he could not be held fully responsible for the administration of the departments because of the much longer terms of most of the administrative officials. There is in Massachusetts, as in those states having administrative codes in operation, great need for constitutional revision. A comprehen- sive and consistent plan of administrative consolidation cannot be adopted until a number of elective administrative officers have been removed from the Constitution and made appointive by the Governor. There is also little need for the existing Council of nine elective members which shares vrith the Governor responsibility in the administration of the state. Instead of one Governor, Massachusetts has ten Governors.* The Proposed Oregon Plan In 1909 and 1911 the People's Power League of Oregon published a proposed plan for the reorganization of the state government, which con- centrated executive power in the hands of the Governor — checked only by an elective auditor — and established close relations between the Governor and the Legislature. In 1912 and 19 IS the League submitted a part of their plan to the voters, and it was defeated. Later it pro- posed to abolish one house of the Legislature, to give the Governor a seat in the remaining house, to destroy " log-rolling " by giving the Governor power to initiate the budget and limiting the power of the Legislature to decreasing and to centralize administrative authority in the Governor. These proposals, however, did not meet with success. Later the Legislature became interested in reorganization of the state government. During the 1915 session, a Joint Committee was appointed for the purpose of consolidating existing agencies, but this committee accomplished nothing. The 1917 session, however, provided for a " com- mission of seven business men" to study the state administration with a view to consolidation. This Commission was duly appointed by the Governor and became known as the Consolidation Commission. It was instructed to report, to the 1919 Legislature. After its organization it secured the assistance of one or two of the state administrative agencies. Later it engaged Pro- fessor John M. Mathews of the University of Illinois and Mr. Fred Topkin of Portland to make the report. The report of the Consolidation Commission as submitted to the 1919 Legislature, gives in the space of forty-five pages a concise statement of the present administrative conditions and lays down specific recommenda- * Since this report has gone to press, the Massachusetts consolidation bill has been signed by the Governor. There are only a few minor changes in the plan as outlined above. 280 Eepoet of Reconsteuction Commission tions for consolidation. It points out that under existing statutes there are three principal ways of choosing state officials: By election of the people; by appointment of the Governor; by appointment of the Gov- ernor, Secretary of State and State Treasurer, in addition to many appointments made by sundry boards and commissions. It then lays down certain fundamental principles which are to guide in the plan of reorganization. It states that " no efficient businesslike administration of state affairs in Oregon can be expected unless some one officer who is fully responsible to the people can control all the important departments of the adminstration, with the possible exception of the auditing and treasury departments. The Governor does not do so at present, however, for three reasons: Because there are too many elective officers; because the administration is split up into too many departments for the Governor to exercise adequate control over them ; and because the appointing power is too often shared with other officials, boards, and commissions." It further asserts that, " It is commonly supposed that the State of Oregon has only one governor, just as there is but one president of the United States. This supposition, however, is a mistake * * * instead of one Governor, Oregon has a multitude of governors." The following principles are, therefore, laid down by the report: (1) That the Gov- ernor should appoint all heads of administrative departments under the reorganized and consolidated administration; (2) That in making appointments the Governor should be privileged to act in all cases with- out confirmation by the Senate and should have unhampered power of removal; (3) That all minor officers of the department should be chosen under the civil service regulations. The Consolidation Commission proposes in its report to consolidate all existing administrative agencies of Oregon into ten departments, which consolidation will involve both constitutional and statutory changes. These departments are as follows: Finance Department, Law Department, Tax Department, Department of Education, Department of Labor, Department of Health, Department of Agriculture, Department of Trade and Commerce, Department of Public "Welfare (Institutions), Department of Public Works. The two hundred and fifty officials under the present scheme will be reduced to forty officials. Plans TJndee Consideration 281 The proposed Finance Department is to include the present functions of the Secretary of State, State Treasurer, State Printer, and six ex officio boards. At the present time the Secretary of State acts as State Auditor. The report recommends that the function of auditing be separated from the office of Secretary of State and that the office of State Auditor of Public Accounts be created to be appointed by the Legislature or elected by the people. The Finance Department is to be charged with the preparation of the budget for the Governor, the assessment and collection of taxes, the custody of funds, the registration of motor vehicles and the purchas- ing of supplies. The Department of Law is to remain as at present constituted except that the Attorney-General is to be appointed by the Governor instead of elected by the people. This change is recommended because he is an administrative rather than a judicial officer, his important function being in the capacity of legal adviser to the Governor and various state adminis- trative departments. The present State Tax Commission, composed of three ex officio mem- bers (Governor, Secretary of State and State Treasurer) and the State Tax Commissioner appointed by the Governor, is to be reorganized by eliminating the ex officio members and will then constitute the proposed tax department. The head of this Department will have the assistance of two deputies appointed by himself. The proposed Department of Education is to have as its head the Super- intendent of Public Instruction to be appointed by the! Governor. He is to have the advice and assistance of a Board of Education consisting of seven members, of which he is to be an ex officio member and chairman. The members of this Board are to be appointed by the Governor for over- lapping terms of six years each. The six existing educational boards are to be abolished. The proposed Department of Labor is to assume the functions of all the existing labor agencies which are to be abolished. The head of this Department is to be the Director of Labor appointed by the Governor. He is to appoint with the approval of the Governor two Deputy Directors. The three will constitute a board to handle all deliberative or quasi- judicial functions of the department. The proposed Department of Public Health is to be under the control of a Director of Public Health to be appointed by the Governor. There is to be created an Advisory Health Council of seven members appointed by the Governor of whom the Director of Public Health is to be ex officio a member and Chairman. The examination and registration of phy- sicians, surgeons, chiropractors, optometrists, pharmacists, nurses, dentists and barbers will be under the administration of this Department. 282 Eepoet of Keconstkuctioss Commission Agricultural and related functions, such as the management of fairs and the licensing of veterinary surgeons, are to be brought together under the proposed Department of Agriculture. This department is to be estab- lished under a Director of Agriculture appointed by the Governor. Attached to the Department is to be an unpaid Advisory Council of Agri- culture composed of five practical farmers from the state-at-large, appointed by the Governor, representing different agricultural interests, and not excluding the Director of the Agricultural Experiment Station. The proposed Department of Trade and Commerce will include the insurance, banking and public service functions as well as the regulation of pilots and weights and measures. The Department is to be administered by a director appointed by the Governor. He is to have the assistance of four Deputies who will act as heads of Bureaus within the Department. A Public Utilities Commission to be composed of the Director of the Department and two Deputies appointed by him, or two technical experts now serving under the Public Service Commission designated by the director will perform the quasi-judicial work in connection with the regulation of public utilities. The Department of Public Welfare will have at its head a Director of Public Welfare to be appointed by the Governor. Attached to the department will be an unpaid Advisory Board of five members appointed by the Governor, at least one of whom is to be a woman. The proposed Department of ,Public Works is to be placed under the administration of a Director of Public Works appointed by the Governor. This Director will appoint six Deputy Commissioners to head the pro- posed bureaus. Associated with the Department will be an unpaid Advisory Board of three Highway Commissioners to be appointed by the Governor to advise the State Highway Engineer in the performance of his duties. The conservation agencies of the State are to be included in this department. The Commission in its report estimated that a saving to the State would be made by the adoption of its plan of consolidation amounting to from five to eight hundred thousand dollars annually. Plan Proposed for Delaware During the summer of 1918 the Delaware State Council of Defense engaged the 'New York Bureau of Municipal Research to make a com- plete survey of the state administration, as well as the government of * Since this report ha« gone to press, the Oregon plan has been rejected by the Legislature. Plans Ukdee Consideeation 283 three counties of the State and the city of Wilmington. This survey was completed by the end of the year and a report submitted to the State Council of Defense for its approval and presentation to the Legislature. It was found in making this survey that the administrative branch of the Delaware state government includes one hundred and seventeen sepa- rate agencies. These agencies are in nearly all cases independent of one another and subject to no direct and effective supervision. Of the heads of these agencies, six are elected by the voters, eighty-three are appointed by the Governor, two are appointed by the judge of the superior court of the State, twelve are appointed by the boards and administrative officers other than the Governor, and fourteen are ex-officio heads. Fifty-four of these heads of agencies are boards or commissions. There was found to be much overlapping and duplication of work as well as scattering of functions. For example, the finance administration of the State is vested in a board of elective and appointive officials and ex officio boards so or- ganized as to be without effective supervision or iixed responsibility. The collection of the state revenue is made the duty of several independent officers such as the Insurance Commissioner, Secretary of State, Collector of Oyster Eevenues, County Clerks of the Peace and numerous other local officers. The functions of health and of charities and correction are dis- tributed among several boards and officers working independently of each other. The Report further points out that Delaware's present administrative system is not adapted to unified financial planning and control, and says that if the Governor were empowered to prepare a budget for legislative consideration, he could not do so effectively if he had to deal with one hundred different agencies. The Report set forth the following general recommendations for the reorganization of the administrative system of Delaware: " 1. The Governor should be the only elective administrative officer in the state government. " 2. The Governor should have the sole power to appoint and re- move all executive officers. To require the consent of the Senate is to make this power conditional and to permit responsibility to be shifted. " 3. The responsibility for preparing the budget of the state should be placed squarely upon the Governor. " 4. The office of Lieutenant-Governor should be abolished. Ex- cept in the case of succession to the governorship * * * the Lieutenant-Governor plays an insignificant role in Delaware. The Senate should choose its own presiding officer. * * * Xhe Sec- 284 Eepoet op Eeconsteuction Commission retary of State might well be designated Governor in case that office should become vacant. " 5. It is proposed that present organization of the central author- ity in the state militia should remain unchanged. The state con- stitution quite properly makes the Governor eommander-in-chief of the militia and requires him to select the staff, of which the Adju- tant-General is the principal officer." The specific recommendations in the Report are that the work of all the existing offices, boards, commissions, and other agencies should be distributed among the following nine departments, each to be headed by an officer appointed by the Governor and responsible to him: Department of State, Department of Finance, Department of Labor and Industry, Department of Health, Department of Public Welfare, Department of Agriculture, Department of Highways and Drainage, Department of Education, Department of Law. With reference to the creation of new administrative agencies in the future, the Eeport recommends " that a constitutional provision ibe adopted requiring the Legislature to assign all newly created administra- tive functions to one or more of the departments enumerated." The subordinate officers of each department are to be appointed by the department head. In the case, however, of the department of Finance, the Governor is to act as ex-officio head of the department and the four bureau heads are to be appointed by him. In the case of the Depart- ment of Labor and Industry the Commissioner and his two bureau heads are to sit as an industrial board for the exercise of quasi-judicial powers. The Department of Public Health, Eublic Welfare and Agri- culture are each to have Advisory Councils composed of six members, appointed by the Governor, including the commissioner of the department ex-officio. No action was taken by the 1919 Legislature with reference to the plan for consolidation as a whole, although some legislation was passed with reference to the Department of Education and Health. The Legis- lature, however, authorized the appointment of a Commission to study the proposed plan and to report to the next Legislature. This Commis- sion is known as the Survey Commission and is composed of five members appointed by the Governor. Plans Ui^dee Consideeation 285 The Flan Proposed for California The Taxpayers' Association of California prepared a plan of admin- istrative consolidation for the State during 1918. This plan was pub- lished in the California Taxpayers^ Journal for January, 1919. The Taxpayers' Association states that its plan does not involve the elimination of any functions now performed by thei state government; that it does not eliminate any constitutional officer or board (although constitutional amendment is recommended for later consideration) ; and that the plan, in its entirety, can be adopted by the 1919 Legislature by statutory enactment. In grouping the existing administrative agencies under the proposed plan the Association adopted and used the functional unit as the basis for coordination. That is, the administrative functions are grouped under two main heads; namely protective and constructive, which are divided into five and three subheads respectively. "Protective" is subdivided into administrative, preventive, curative, conservative and defensive; and "constructive" into developmental, reclamatoiy and educational. These subheads are divided and redivided. The Association states that one of its main objections to the methods employed elsewhere in consolidation ia the fact that functional classification has been largely overlooked in the regrouping of administrative agencies. It has prepared and printed an elaborate analysis of the present administrative agencies and their functions as now performed and has set them up in parallel columns alongside personnel and functions proposed for the new departments. The Association states the following principles which it has recognized in the preparation of its plan : " 1. Departments having to deal largely with matters of policy should be controlled by boards, in order to insure the application of group judgment. " 2. Departments dealing with administrative and executive functions should be under the direction of a single head, in order the better to centralize responsibility for the performance of func- tions. " 3. Policy-making departments controlled by boards should be divisionally organized, so as to centralize, in division heads, respon- sibility for the performance of functions. " 4. Boards presiding over policy-determining departments should consist of the heads of the respective divisions falling within such departments. Heads of divisions are familiar with the practical phases of departmental works. . . . Their value, therefore, as 286 Eepoet of Recoksteuotion Commission members of a departmental board is increased. There is no neces- sity for the appointment of boards otherwise constituted, as they tend toward confusion, interference and loss of responsibility and also increase of payroll. " 5. All department heads and chiefs of divisions! ^ould be appointed by the governor and bei directly responsible to him. (Under the constitution there are a number of elective officers. These have been placed at the heads of appropriate divisions. The matter of amending the constitution with reference to such officers, is a matter for determination in the future. It rests with the Legislature and the people.)" The Taxpayers' Association proposes to set up twelve administrative departments in addition to the offices of Governor. Lieutenant-Governor and Secretary of State. These departments and the constitution of their overhead administration are to be as follows : Department of Finance: To be administered by a board of five members, each the chief of a division within the department. Three elective members, namely the Chairman of the Board of Equalization, Comptroller and Treasurer, and two members ap- pointed by the Governor make up the board. The Governor is to name the Chairman of the Department. Department of Law : To be headed by the Attorney-General. Department of Sanitation and Hygiene: To be administered bp a board of three members appointed by the Governor. Each member is to act as head of a department division. The Governor is , to name the Chairman of the Department. Department of Commerce and Labor: To be administered by a board of five members appointed by the Governor. Each member is to be the head of a division of the department The Governor is to name the Chairman of the Board. Department of Charities and Welfare: To be administered by a single head appointed by the Governor. Department of Corrections: To be administered by a board of three members appointed by the Governor, who are to serve as the heads of the departmental divisions. The prisons are to con- tinue under the management of the Board of Prison Directors, a constitutional body, although the Association recommends that it be abolished. Department of Care of Defectives : To be under a single head appointed by the Governor. .' Department of Conservation: To be under the control of a Plans Undee Consideeajion 287 board of three members appointed by the Governor, each of which is to be the chief of a Division. The Governor is to name the Chair- man of the Department. Department of Defense: To be administered by the Adjutant- General appointed by the Governor. Department of Public Works: To be administered by a single head, the State Engineer, appointed by the Governor. Department of Natural Eesources: To be under the control of a board of five members, consisting of the Surveyor-General, an elective officer, and four Chiefs of divisions to be appointed by the Governor. Department of Education: To be under the supervision of a board of five members, consisting of the Superintendent of Public Instruction, an elective officer, and four Chiefs of divisions to be appointed by the Governor. The Chairman of the Department is to be the Superintendent of Public Instruction. The Taxpayers' Association points out that as a result of the reorgani- zation which it recommends the present list of administrative officials, approximately four hundred and sixty, will be reduced to fifty-two and the present administrative agencies, numbering about one hundred and twenty, will be consolidated in the twelve departments. In November, 1918, Governor Stephens appointed a Committee on Efficiency and Economy, consisting of eleven persons, some of whom were officers of the State. This Committee made a report on administrative consolidation which the Governor submitted to the Legislature on March 20th. It is understood, however, that he declined to give the report his endorsement, except as to a' few features. On March 27, 1919, a bill was introduced in the Legislature which embodied the consolidation plan proposed by the Taxpayers' Association. This bill did not attempt to codify the administrative law of the state, but only set up the overhead administration of the proposed departments and enumerated their main functions. Since the end of the legislative session was near, the bill failed to receive any very serious consideration. It is reported that the Taxpayers' Association will continue to emphasize the need of reorganization and consolidation and will attempt at an early date to bring their plan before the people by means of the initiative process. Consideration of Consolidation by Other States In addition to the states noted above, which are giving serious con- sideration to the adoption of administrative consolidation plans, the Legislatures of almost a dozen more states have had this subject brought 288 Report of Kecok'steuction' Commission before them during the present year. There seems to have been almost as much emphasis laid upon the adoption of a plan of administrative con- solidation, as upon the adoption of a budget system. This is, no doubt, due to the fact that the leaders in state government are coming to realize that the two necessarily go hand in hand, — that there cannot be an effective budget system without a compact and responsible administration. Governor Goodrich of Indiana in his message to the Legislature of 1919 recommended the abolishing of the elective offices of State Super- intendent of Public Instruction, Clerk of the Supreme Court, State Statistician and State Geologist, and the combining of their present func- tions under suitable departmental agencies. He also recommended that the Attorney-General be no longer an elective oflScer but that he be made appointive by the Governor. Governor Clement of Vermont in his inaugural message to the 1919 Legislature recommended a reorganization and consolidation of practi- cally all the present administrative agencies. The reasons for this recom- mendation are very striking. " In 1901 ", he said, " as shown by the auditor's comparative statement, state activities were less than thirty in number, and the grand total of state expense was less than $800,000. Today state activities have reached a total of over fifty and the expense has risen to $2,250,000 per year. So within the knowledge of every member of this assembly, we have nearly doubled our state activities and trebled our state expense. The state has not increased in popula- tion. There is no more taxable property now than in 1900, although the valuation for taxation purposes has been increased. In fact, the reduction in tilled areas of farm land would indicate that the farm property as a whole has deteriorated in value. How then have these additional sums been raised? The answer is by the taxation of banks, railroads, corporations and other indirect forms of taxation, the sources of which have now been thoroughly exploited. " We have reached our taxing limit in this direction and your predecessors, the Legislature of 19 lY, found it necessary to impose a state tax of twenty cents on the dollar of the grand list in order to meet the expenses of the war and the increased cost of doing public business. The war is over but the expenses of it are not paid, and you are not only faced by the same conditions, but the report of the budget committee — which you have before you — indicates that the continuation of this direct tax of twenty cents is not only Plans Undee Considebation 289 necessary, but if this legislature passes any special appropriations of any kind, an increase in that state tax will be necessary. " Every administration for the past twenty years has been con- fronted by this problem of increased state expense, and various attempts have been made to consolidate state institutions, depart- ments and activities. Your predecessors and mine have made some important progress in that direction, but the net result has always been that we have had every year more state activities and greater expense, with no proportionate gain in the public conveniences, or the public benefit therefrom, or the public ability to pay therefor." Governor Bickett of North Carolina recommended to the 1917 legisla- ture the reorganization of the state administration, which recommenda- tions he reiterated in his message to the 1919 legislature. In his mes- sage this year, he said : " There is something attractive to the popular mind in the theory that all the people select (administrative) officials, but the truth is that the people do no such thing. A few men, an average of not more than three select themselves as candidates and then the people are accorded the privilege of saying in the primaries which of these three is least objectionable. There never was a more tragic delu- sion than the one that the people select these officials^ " But if the people should be actually consulted it is plain that all the people cannot secure sufficient information about the quali- fications of a man for these administrative offices to enable them to arrive at a conclusion satisfactory to themselves. " There is no more reason for electing the Grovemor's Council than there is for electing the President's Cabinet. I take it that no one should favor electing a President of the University by a vote of all the people and yet, people can pass upon his qualifications quite as well as they can upon those of the State Superintendent of Public Instruction. " I have supreme faith in the judgment of all the people when they know the facts. They can know the facts about a few men on the ticket. They should vote for these few, and then hold them rigidly responsible for results. " Only the Grovemor and the Lieutenant-Governor should be elected, but a complete change would require a constitutional amendment, and hence as a start in the right direction I urge this general assembly to enact a law that all state administrative officers whose election by the the people is not required by the constitution shall hereafter be appointed by the Governor." 10 290 Kbpoet of Keconsteuction Commission The Governors of Michigan, Minnesota, Nevada and ]!forth Dakota recommended the consolidation of administration agencies to their 18 J 9 legislatures. Ohio has appointed a commission from members of the Legislature lo prepare a plan of consolidation for presentation to the next Legislature and appropriated $30,000 for the purpose. SUMMAET AND CONCLUSIONS 291 CHAPTEK v.— STJMMAEY AND CONCLUSIONS From the administrative consolidation plans now in operation in Illinois, Idaho, and Nebraska, certain general principles with reference to administrative reorganization may be drawn. These principles may be briefly stated as follows : 1. These plans of consolidation group existing administrative agencies mainly according to functions. This seems to be the most satisfactory method of working out consolidation. On the whole, the general lines of functional classification seem to be pretly well agreed upon. There are, however, functions like the registration and licensing of professions that are as yet not definitely assigned to any particular group; for example, Illinois places registration in the class of functions having to do with educational activities and Idaho places registration in the Department of Law Enforcement. 2. The number of administrative departments should be reduced to the smallest number consistent with the general lines of functional grouping. Illinois and Idaho have nine departments each and Nebraska six, not including the constitutional administrative agencies. If the constitutional agencies were included with the code depart- ments, the number could probably be made less than fifteen. It is also desirable, if the Governor is to bring his department heads together as a cabinet for the consideration of administrative affairs, to have as few departments as possible. 3. The principle that one person should be fully responsible for the administrative work of each department seems to be firmly established in the administrative codes already adopted. AU the departments created under the administrative codes of Illinois, Idaho and Nebraska are administered by single heads appointed by the Governor. The Senate is required to approve the appointments made by the Governor. It is as argued by some that the approval of the Senate tends to dissipate full responsibility for administrative action. On the other hand, it is argued that such provision compels the Governor to consider more care- fully his appointments and to choose more competent men than he other- wise would. The administrative codes in operation specify the salaries of the department heads and also certain general experience qualifications. 4. In no case are the department heads or their administrative officers given a longer tenure of office than the Governor. In Illinois and Nebraska the terra of office for the administrative and subordinaite officers is fixed for the same period as that of the Governor. In Idaho 292 Repobt of Reconstruction Commissiok there is no fixed tenure of office but the administrative officers serve at the pleasure of the Governor, it being understood, however, that their offices become vacant upon the expiration of the Governor's term of office. It seems very necessary that an administrative officer shall not hold office longer than the Governor if full responsibility is to be placed upon the Governor's shoulders for the administration. The Governor should then have at least a four-year term. 5. The codes of Illinois and Idaho specify several chief subordinate officers which are appointed by the Governor in the same manner as the department heads. The other subordinate officers, however, are appointed by the departments. The code of Nebraska does not specify any sub- ordinate officers, but requires the governor to make all subordinate appointments. It seems preferable for the department heads to make their own appointments after consultation with the Governor. In this way the lines of responsibility are definitely drawn and there are no conflicts of authority. 6. The principle that boards may not perform administrative duties seems to be fairly well established. The need for advisory boards is recognized by the codes of Illinois and Idaho. Such boards are con- stituted of members having experience in the work of the department to which they are attached and are usually appointed in the same manner as the department heads. These boards are associated with such depart- ments as Agriculture, Public Works, Public Welfare, Public Health, and Registration and Education. There are certain quasi-legislative and quasi-judicial functions per- formed by administrative departments which seem to require the opinion and judgment of more than one person. In order to take care of these functions the Illinois Code creates cer- tain boards which are attached to the departments performing such functions. These boards are associated with such departments as Public Utilities and Labor. These boards act as an entity in the performance of their quasi-legislative or quasi-judicial functions, but are at the same time also component parts of the department to which they each belong. Only the Nebraska code attempts to codify the existing laws relating to administration. In the case of Illinois and Idaho the old laws stand as they were before the adoption of the codes only the administrative agencies through which their provisions are enforced being changed. There would be much overlapping and duplication of work if all the exisiting laws had to be followed to the letter, biit luckily the codes Summary and Conclusions 2fl3 have made provisions for cooperation between the nev? departments whereby this duplication may be avoided. However even these provisions are a crude substitute for complete statutory revision. It must be remembered that the codes of Illinois, Nebraska and Idaho have certain limitations. They are only statutory docimients, and, con- sequently do not include the administrative agencies set up under the constitution. Complete consolidation cannot be worked out in these three states as it might be in the case of New Jersey in which the Governor is the only elective administrative oflScial. In Illinois and Nebraska provi- sions have been made for constitutional conventions, and it is hoped that the necessary changes will be made in the constitution to complete the con- solidation plans of these states. 294 EePOET op RECOlSrSTBUCTION CoMMissioir CHAPTER VI.— CONSOLIDATION IN NATIONAL ADMINISTRATIONS Organization of the Government of the United States The executive head of the administration of the United States is the President, elected for a term of four years. The Constitution provides for his election not by the people directly but by an Electoral College, chosen in each state by the voters. The voters read on their ballots the names of the candidates for President and Vice-President rather than those of the Electors, although they are actually voting for the latter. The Elec- tors are bound by party allegiance not to vote for any other candidates than those they are elected to support, so in actual practice this indirect nonpartisan election becomes very largely a direct partisan election. However, it has happened that Presidents have been elected by a majority number of Electors, who did not receive a majority of the popular vote. The functions of the President are prescribed by the Constitution, but actually his powers are determined rather by his capacity for leadership and the strength of his party backing. As chief executive, he acts through the governmental machine. As political leader, he may agitate in favor of certain measures, he may veto laws passed by Congress or he may use the power of patronage in influencing Congress or his party. The legal provisions for the powers of the President do not tell the whole story. The President is bound to see that the Constitution, the treaties, and the laws of the country are enforced. He must appoint with the approval of the Senate the heads of the ten departments as follows : The Secretary of State, the Secretary of the Treasuiy, the Secretary of War, the Attorney-General, the Secretary of the JSTavv, the Postmaster-General, the Secretary of the Interior, the Secretary of Agriculture, the Secretaiy of Commerce and the Secretary of Labor. The departments, in general, are not dii-ectly sul)jeet to the President's control. The Supreme Court has ruled that the President must see that an administrative officer faithfully discharges his duties, but is not authorized to direct him as to policy. However, through his power of removal of the Secretaries, he can force them to obey his will. The President also possesses authority to supplement statutes by rules and regulations covering matters which may be of great importance. Eor example, he makes rules for the Army and l^avy, the Patent Office, the Customs, Internal Revenue, Consular and Civil Service. The Preai-- dent nominates a large number of federal officers. The war powers of the President, acting as commander-in-chief of the C0J!fS0LIDATI02Sr IJT ;N"aTIONAL ADMINISTRATIONS 295 army and navy and of the state militia, are far greater. He appoints high military and naval officers with the advice and consent of the Senate, and in war time he may remove them at will. He may do almost any- thing in war time that is calculated to overcome the enemy. He may govern conquered territories, make laws, levy and collect taxes and per- form all other sovereign rights. The President is primarily responsible for foreign policy, appoints ambassadors, ministers and consuls, but the consent of the Senate is required to declare war and make treaties. The Secretaries are responsible for the execution of the laws in and the operation of their departments. They possess considerable appointive powers, issue departmental orders, and maintain relations with Congress by means of their annual reports and in other ways. In general, how- ever, their powers and duties are specified by statute. The heads of the various departments compose the President's Cabinet. This is purely a matter of custom, as there is no legal sanction for its ex- istence. It meets at the call of the President. Its meetings are not public and no record is kept of the transactions. These meetings serve to maintain harmony between the departments and to formulate the execu- tive policy. The Structure and Organization of the National Administration of England In England the legislative power resides in Parliament, consisting of the House of Commons and the House of Lords. Recently the House of Commons has grown in power, and popular control of the government is now vested almost entirely in that body. The House of Commons is elected by direct secret ballot of the elec- torate, divided into geographical electoral districts. The 707 members represent in Parliament the districts from which they were elected. The members are paid 400 pounds per year and serve a term of five years, unless the House is sooner terminated by an appeal to the constituency on some question of public interest. The latter is almost always the case. The House of Lords consisted on April 4, 1918, of 615 English heredi- tary peers; the two archbishops and twenty-four bishops, holding their seats by virtue of their offices; sixteen Scottish representative peers, elected by the whole body of Scottish peers to sit for the term of par- liament; twenty-seven Irish peers, elected by the peers of Ireland to sit for life; and seven judicial members known as Lords of Appeal in Ordi- nary, sitting as life-peers only, by virtue of their office. Hereditary peers can be created by the croWn, actually by the ministry, and very innnv have been created in late years. For a long time the political 296 Rbpoet of Keconstbuction Gommissiok influence of the House of Lords has been inferior to that of the House of Commons, and this inferiority was made statutory by the Parliament Bill in 1911. The House of Lords cannot reject or amend a money bill, and its powers of veto are limited. It retains only the right of criticism and a suspensive veto. The executive power rests in the Sovereign and a Ministry presided over by the Prime Minister. The real authority is with the Ministry, although it is nominally appointed by the King and the affairs of govern- ment ai'e all conducted in the King's name. The King appoints as Prime Minister the recognized leader of the majority party in the House of Com- mons, and asks him to select a Ministry. After the selection is made, the King appoints them as Ministers, as a matter of form. The Prime Minister generally holds the oiBce of First Lord of the Treasury, though he may hold any other portfolio that he chooses. The other members of the Ministry are as follows : The Lord Chancellor, the Lord President of the Council, the Lord Privy Seal, the Chancellor of the Exchequer, the First Lord of the Admiralty, the five Secretaries of State (for Home Affairs, for Foreign Affairs, for the Colonies, for India, and for War) the Minister of Labor, the Minister of Information, the Min- ister of Munitions, the Minister of Blockade, the Minister of National Service, the Food Controller, the Postmaster-General, the Attorney- General, the Secretary for Scotland, the Lord Lieutenant of Ireland, the Chief Secretary for Ireland. There are also several administrative boards whose heads are members of the Ministry. They are as follows: The Board of Trade, the Board of Education, the Board of Agriculture, the Board of Works and the Local Government Board and the Air Council. In addition to the legally recognized ministry, there is a smaller, more select, extra-legal body, known as the Cabinet. This inner group indi- vidually administers the affairs of the main departments and collectively shapes the policy and directs the conduct of the government as a whole. The officials included in the Cabinet are not always the same, but the following are almost sure to be included : The First Lord of the Treasury, the Lord Chancellor, the Chancellor of the Exchequer, the five Secretaries of State, the First Lord of the Admiralty, the Lord President of the Privy Cotmcil and the Lord Privy Seal. Beyond this the membership is deter- mined only by the choice of the prime minister and the political circum- stances of the moment. However, the members must all be chosen from the membership of the two houses. The Cabinet usually contained about twenty members during the period from 1900 to 1914:. The Cabinet is usually made up of men who are in substantial agree- ment upon the larger questions of policy and who can work together upon a given })rogram. The Cabinet is closely coordinated under the leader- CoiirsoLiDATioN IN Xatio^s^al Administeations 297 ship of the Premier, and it is collectively responsible to Parliament, actually to the House of Commons, for all its public acts. A Cabinet continues in office only so long as it enjoys the confidence of a majority in the House of Commons. This majority may express its dissatisfaction with a Cabinet in several wajs: by a vote of "lack of confidence," by a vote of censure, by defeating an important Cabinet measure, or by passing an act which opposes the advice of the Ministers. In any one of these cases the Cabinet must either resign or appeal to the constituency by calling an election upon that particular issue. Formerly, Cabinet members were merely executives, but lately they have taken an active part in leadership. They institute their own legis- lative program, present and advocate their bills in Parliament, take full responsibility for them if passed, and resign if they are not passed. Any member of either house may question any of the Ministers as to their conduct of public affairs. Such questioning may lead to a vote of con- fidence or censure upon which may hang the fate of the Ministry. Thus we see that the government is at all times responsible for its acts and is responsive to the will of the people. The administration of justice is centralized under the Lord Chancellor. The Lord Chancellor is president of the House of Lords, of the Court of Appeal, of the High Court of Justice, and of the Chancery Division of the High Court, and is a member of the Judicial Committee of the Privy Council. He actually sits in all of these except the High Court. The Structure and Organization of the National Administration of France The law-making power is exercised by a national Parliament consisting of the Chamber of Deputies and the Senate. The former rests upon a broad democratic basis, the members being elected to represent geograph- ical units and elected by a direct and secret ballot of the entire electorate of the district. The latter was planned to stand somewhat removed from the immediate control of the) voters. But both are charged with the duty of enacting into law the will of the people in whom the sovereignty of the French nation is clearly pledged. The Deputies are elected for a term of four years by the voters of each of the 86 departments and the principal colonies. The number of mem- bers from each department is proportioned to the population, but in no case is it less than three members. The Senate is composed of 300 members elected for a term of nine years. They are elected in each department by an Electoral College con- sisting of the Deputies, the General Council of the Department, and of delegates chosen in each commune by the Communal Council. 298 Eepoet of Reconsteuction Commission When the Senate and the Chamber of Deputies sit in joint session they comprise the National Assembly, which is authorized to amend the con- stitution and to elect the President of the Republic. In legal powers the Senate is equal in authority to the Chamber of Deputies, although only the Chamber can initiate money bills. Politically the Chamber dominates the Senate. The President of the Republic is elected by the National Assembly for a term of seven years. He has full executive powers, appoints and removes all officers of the public service, enforces the laws, negotiates and approves treaties, can adjourn or close sessions of the houses, has no veto but can demand reconsideration of any measure by the houses. The execution of the laws, and the administration of the affairs of the nation, are carried on by the Council of Ministers. The President appoints the Prime Minister or Premier, who then selects the remainder of the Ministers. There are fourteen Ministers as follows: Justice, Finance, War, Marine, Colonies, Foreign Affairs, Interior, Public Instruction, Trade and Industry, Agriculture, Labor, Supplies, and Munitions. While the Council of Ministers are aU legally subject to the President, and therefore his servants, yet when they sit apart as a Cabinet, presided over by the Prime Minister, they become, in a sense, his masters. No decree of the President is valid unless countersigned by the Minister whose department is affected. The President must appoint Ministers who are in agreement with the majority in the Chamber, and they are responsible to Parliament alone for their official conduct. The salary of the President is dependent upon the annual budget which the Minister of Finance presents to Parliament. In all of these ways the power of the President is limited. As a matter of fact the Ministry, headed by the Prime Minister, has practically taken over all the powers of the President. The Ministers are held strictly responsible for their actions and policies by means of questions and interpellations which may be put to them by any member of either house, and which they must answer. Such questions, if serious enough, may lead to a vote of lack of confidence on any important proposition. In this event the Ministry resigns as a body. Ministerial changes in France are much more freqiient than in England, but are less significant, as it frequently happens that many of the resign- ing Ministers are immediately reappointed. In France there are two systems of law and courts, ordinary law and administrative law. Administrative law comprises legal actions arising out of the conduct of administration. The supreme court of administra- Consolidation in National Administrations 299 tive law is the Council of State, composed of the Ministers and various high officials of the government. Below this are Prefectural Councils, one in each Department, which handle all administrative cases and deter- mine the validity of local elections. The highest court of ordinary law is the Court of Cassation, which sits at Paris and reviews decisions appealed to it, passing on principles of law involved and on the competence of the court rendering the decision. Further down are the twenty-five Courts of Appeal, which have jurisdic- tion over civil and criminal cases appealed from the lower courts. Then there are the Courts of Assize, which meet eveiy three months in each Department and handle very serious cases. In each Arrondissement or District is a Tribunal d' Arrondissement, which handles all civil eases except petty cases cared for hy the Justices of the Peace. The Justices of the Peace have local jurisdiction over certain designated petty cases. All Justices and Judges are appointed by the Minister of Justice. In jurisdictional disputes as to whether a case is ordinary law or adrainis'- trative law, the question may be settled by the Tribunal of Conflicts, con- sisting of the Minister of Justice, three State Councillors, three members of the Cassation Court, and two other members. PART IV THE BUDGET [301'} The Movemejstt foe Budget Eefokm 30S' CHAPTER 1.— THE MOVEMENT FOR BUDGET REFORM The Budget Defined A budget is a plan of expenditures for a definite period based on a careful estimate of needs and resources, together witb definite proposals for financing these expenditures. It is obvious that the preparation of a budget necessitates carefully devised accounting methods, eflScient record keeping and that it demands expert service in its preparation. Budget Reform not Partisan The demand for budget reform in this country has not been partisan. The Eepublican national platform of 1916 refers to "President Taft's oft repeated proposals and earnest efforts to secure economy and eflSciency through the establishment of a simple, business-like budget system, to which we pledge our support, and which we hold to be necessary to effect a needed reform in the administration of national finances." The Pro- gressives proposed to set up " a new standard of governmental efficiency through a complete civil service system, a national budget and a destruc- tion of 'pork barrel' legislation." The Democrats demanded economy in expenditures and to that end favored " a return by the House of Kep- resentatives to its former practice of initiating and preparing all appro- priation bills through a single committee chosen from its membership, in order that responsibility may be centered, expenditures standardized and made uniform, and waste and duplication in the public service aa much as possible avoided. We favor this as a practical first step towards a budget system." The Prohibitionists pledged themselves to "the adoption of a budget system." The Work of President Taft's Commission on Economy and EfSciency Only during the last ten years has any recognition been given in this country to the importance of sound principles in budget making in order to avoid wastes in public expenditures and secure efficiency in public admin- istration. The first comprehensive budget study was made by President Taft's Commission on Economy and Efficiency. The Commission was formally organized in March, 1911. About fifteen months later it sub- mitted to the President an elaborate report on the " Need for a National Budget," recommending that the President should submit to Congress at the beginning of each session a budget containing a brief message, a program of proposed expenditures in comparison with anticipated reve- nues for the coming year, and a comparison of the estimated and actual revenues for a period of years, preceding the year to be financed, together with recommendations as to new legislation. 304 Eepoet of Reconstbuction Commission President Taft transmitted this report in a message to Congress on June 27, 1912, and proposed legislation necessary to put its recommenda- tions into effect. Congress determined, however, to maintain the power and prestige of its appropriation committees and the President's pro- posals for the establishment of a national budget system were rejected. The vast appropriations required from Congress to conduct the war have emphasized the need of a better system of financial planning and appropriation than the one on which we now have to depend. Both par- ties in the last Congress went on record in favor of a budget system. With the close of the war has come an insistent demand for economy and for budget legislation to bring it about. The Eepublican majority in the present Congress is pledged to a budget system and several bills have already been introduced with this object in view. It will be seen that a national budget system is now not far off. States Adopt Budgetaxy Beform. Although President Taft's proposals were rejected by Congress, the discussion occasioned by them spread over the country with the result that the term " Budget System " soon found a place in party platforms and became a vital issue in state politics. Several states whose finances were in a more or less depleted condition were already feeling the need of a more uniform system of control over their expenditures and revenues — a system which correlated the two and located responsibility. While the increase in expenditures was to a considerable extent due to a legiti- mate ^owth in state business, is was also due in part to extravagances, uneconomical methods and multiplication of useless offices. Already the taxpaying public was beginning to feel the burden of the rising cost of government and the newspapers frequently gave voice to the people's vague but insistent demands for business methods and retrenchment. Beginning with Wisconsin in 1911 the movement for budgetary reform has progressed until at the present time there are forty-three states which have provided either by constitutional amendment or by statute, for budgetary procedure of one type or another. While it is true that some states have only provisions for the preparation of consolidated estimates of revenues and expenditures, this may nevertheless be con- sidered a step in the direction of a budget system. In addition to Wisconsin, California during 1911 enacted legislation looking toward the better control of state expenditures. In 1912 Massachusetts pro- vided for the control of state expenditures by a State Finance Board. In 1913 the budget movement spread to six other states : Arkansas, Illinois, New York, North Dakota, Ohio and Oregon. Louisiana followed in The Movement foe Budget Reform 305 1914 and Massachusetts took further action. Connecticut, Iowa, Minne- sota, Nebraska, Vermont and Washington passed budget measures in 1915, and Wisconsin and North Dakota further developed their pro- cedure. New York's Constitutional Convention of 1915 submitted a Constitution containing a proposal for an executive budget which was defeated by the electorate in November 1915. In 1916 Massachusetts and New York further revised their budgetary methods by statute, Louisiana and Maryland incorporated budget provisions in their con- stitutions and New Jersey adopted a budget systeln by statute. In 1917 Illinois, Kansas, New Mexico, Utah, South Dakota and Tennessee adopted statutory budget provisions. In 1917 Delaware enacted a law adopting a budget plan for a single session. Mississippi took similar action in the same year. Michigan provided for a Budget Commission of Inquiry, and North Carolina made it the duty of the Legislative Refer- ence Librarian to receive and compile the estimates for the Legislature. Vermont further revised its budgetary procedure. In 1918 Massa- chusetts and West Virginia adopted constitutional provisions for a budget system. During this year, Virginia, Kentucky, Georgia and Mississippi enacted statutes providing for budgets. In 1919 eleven states were added to the list of those having budget provisions, namely, Alabama, Arizona, Colorado, Idaho, Maine. Montana, Nevada, New Hampshire, Oklahoma, South Carolina and Wyoming. Nebraska fur- ther revised its budgetary procedure. The Indiana Legislature of 1919 passed for the first time a proposed budget amendment to the Consti- tution. Thus at the present time all states have budget measures in operation or have enacted some budgetary provisions, except Florida, Missouri, Pennsylvania, Rhode Island and Texas. Even in these states move- ments are on foot for the adoption of a budget law. The governors of Florida, Missouri and Rhode Island have recommended the adoption of a state budget law to recent Legislaitures. The Pennsylvania Legislature of 1917 passed a bill providing for a Budget Commission, but it was vetoed by the Governor. Since then no further consideration has been given the subject. The Texas Legislature of 1919 had under considera- tion a budget bill which failed to pass. Types of State Bndg^ets The budget plans which have been adopted by the American states may be classified under four types with reference to the location of responsibility for the initiation of the budget. These types are: (1) Executive type when the Governor is made responsible for the formula- 306 Kepobt of RECONSTEUCTiosf Commission tion of the budget. The executive budget has gained favor rapidly since 1916 when the first throughgoing budget was adopted in Mary- land. At the present time there are twenty-two states which have execu- tive budget systems. In addition, one state has such a budget system for one session and in another the Legislature has passed a proposed constitutional amendment providing for the executive system. It appears that the Maryland and Virginia form of the executive type of budget has found greatest favor among the states adopting this type. The essen- tial difference between the two forms is that the Maryland form places limitations upon the power of the Legislature to increase the executive proposals, while the Virginia form does not. (2) Administrative board type, when a group of administrative officers are responsible for the preparation of the budget. Ten states have the administrative board type of budget. The committees or boards which prepare and present the budget to the Legislature are composed of the administrative officers of the state government. These boards are composed entirely of ex-officio members; of ex-officio members and members appointed by the Governor, or of members appointed by the Governor. (3) Admin- istrative-legislative board type, when a committee composed of both administrative and legislative officers prepares the budget. Six states have budget laws providing for budget boards or committees consisting of both administrative and legislative officers. (4) Legislative type, when the budget is prepared by legislative committees. The laws of two states — ^Arkansas and New York — require that the budget shall be prepared and submitted to the Legislature by legislative committees. In addition to these four types North Carolina has a law providing that the estimates be submitted to and compiled by the legislative reference librarian for presentation to the legislature. Analysis of State Budget Laws* The budget laws of the states vary considerably in their provisions regarding the form, preparation, filing, review and revision of esti- mates, the form, preparation and date of submission of the budget, the legislative procedure and limitationi of legislative action and finally regarding expenditure and control of appropriations. In general, it may be said that a large number of the states are in agreement in providing for: Submission of estimates of both expenditure and revenue to a central budget making agency on a fixed date, usually in November. * For a detailed tabular analysis of all state budget laws, see Chapter 3 following. The Movement for Budget Refobm 307 Review, revision and compilation of estimates by this agency which is usually given a staff to investigate and report. Puhlic hearings. Submission of a budget to the Legislature at or shortly after the opening of the session including proposed expenditures and esti- mated revenues compared with past expenditures and revenues, balance sheet and debt statement and statement as to the financial condition of the state for each fiscal year covered by the budget. Consolidated appropriation bill accompanying the budget. Prompt consideration of the Budget in the Legislature either by a joint committee or by committees of both houses. Limitation of supplementary and special appropriation bills. Allotment or transfer, and control of appropriations. 308 Repoet of Reconsteuction Commission CHAPTEK 2.— PKESENT AND PROPOSED BUDGET SYSTEM OF NEW YORK The Budget Since 1910 Governor Hughes, after repeated efforts secured the passage in 1910 of a law which initiated the system requiring all requests for appropria- tions to be filed with the Comptroller and tabulated by him in advance of the legislative session for the use of the Governor and the Legislature. He also obtained during his first year in office the passage of a law known as the Moreland Act which authorized the Governor to institute examina- tions of the management and affairs of any department of the executive branch of the state government. Acting under this law Governor Sulzer in 1913 appointed a Committee of Inquiry to investigate the management of the state departments and institutions. This com- mittee paid special attention to the system of appropriations and sub- mitted recommendations designed to improve the existing procedure. It declared that concentration of power and authority was necessary to bring about control and recommended the creation of a State Board of Estimate consisting of state oflBcials whose duty it would be to prepare the appropriation bills; also the establishment of a Commission of Efiiciency and Economy charged with the power to examine into all expenditures of the State and to make recommendations along the lines of efficiency and economy. The Legislature of 1913 passed a bill establishing a Department of Efficiency and Economy under a Commissioner appointed by the Governor and confirmed by the 'Senate for a term of five years. All spending agencies were required to file with the Commissioner on or before JSTovem- ber 1st of each year detailed statements of all desired appropriations for the ensuing fiscal year. The Commissioner was required to examine these estimates and to make such recommendations as he thought necessary. This Legislature also enacted a law creating a State Board of Estimate composed of the Governor, Lieutenant Governor, President of the Senate, Speaker of the Assembly, Chairman of the Senate Finance and Assembly Ways and Means Committee, Attorney-General and the Commissioner of Efficiency and Economy. The board was given power to examine all requests for appropriations as filed with the Commissioner of Efficiency and Economy and to conduct public hearings in order to prepare by January 1st an estimate for a budget of the amounts to be appropriated by the Legislature. This estimate for a budget when transmitted to the Legislature was required to be accompanied by the Board's recommenda- Pkesbnt and Pkoposed Budget System of ISTew Yoek 309 tions and explanations with regard to the requests, also a calculation of the amount necessary to meet the debt service as charged by the Comp- troller and the estimate of the State's revenue with a statement of all unexpended balances. The Board of Estimate, attempting as it did co-operation in financial procedure between the more or less antagonistic executive and legislative branches of government soon became an acknowledged failure. The Department of Efficiency and Economy was also unable to secure the necessary co-operation on the part of the Legislature and its efforts accomplished little. As a result the laws creating this Department and the Board of Estimate were repealed in 1915. There were introduced into the Constitutional Convention of 1915 three bills which together provided for an executive budget system. All the provisions contained in these bills were not incorporated in the budget article of the new Constitution, but the article placed the respon- sibility for the budget in the Governor. Although this Constitution was defeated at the polls in November, 1915, the discussion occasioned by it and the provisions that it contained for the establishment of a budget system have influenced subsequent budget legislation in other states, notably in Maryland and those states which have copied the Maryland plan. Under the plan proposed by the New York Constitutional Convention all departments of the State except the Legislature and the Judiciary were required to submit to the Governor by November 15th itemized estimates of their financial needs for the ensuing year, classified accord- ing to relative importance and in such form as he might prescribe. After public hearings on the estimates the Governor could revise them accord- ing to his judgment. Estimates for the Legislature and the Judiciary were also to be submitted to the Governor by January 15th and included in the budget without revision, although he might make recommenda- tions relating to these. Not later than February 6th he must submit to the Legislature an itemized budget containing all proposed expendi- tures and estimated revenues, together with appropriation bills, pro- posed taxation measures and other data relating to the fiscal conditions and expenditures for the two years preceding. During the consideration of the budget, the procedure of which was to be provided by statute, the Governor and the heads of Departments were given the right, and it was made their duty to appear before the Legislature. The Legislature might strike out and reduce items but might not increase any except for its own support and for the Judiciary. Not until after the appropriation bills proposed by the Governor had been acted upon by both houses 310 Repoet of Eeconstkuction Commission could the Legislature consider any further appropriations and then only in the form of separate bills, each for a single object and subject to the Governor's veto. After the defeat of the proposed constitution carrying provisions for an executive budget, Governor Whitman determined to make up a budget and requested estimates from all the spending agencies, and in November 1915, he appointed a conference committee of the chief execu- tive officers of the State for the revision of these estimates. The result of the work was the submission to the Legislature on the first day of the 1916 session of a volume of tabulated estimates, together with the tentative appropriation bill containing the Governor's recommendations in itemized form, based upon his conference review and revision of the estimates. One of the main features of this bill was the provision which gave the Governor the power to transfer within schedules supporting lump sum appropriations. The Legislature, however, did not care to give the Governor any more power over appropriations than he already exercised by virtue of his veto. They also determined to preserve their right to initiate appropriations. Consequently the legislative committee proceeded as formerly to prepare appropriation bills. This time, how- ever, they abandoned the lump sum method of appropriation previously used and adopted the plan of high segregation, but without schedules or provisions for transfers as proposed by the Governor. Provisions of Present Budget Law Among the budget measures introduced into the 1916 Legislature, Senator Sage introduced a bill which was designed to centralize con- trol of financial measures in the Legislature. This bill was simultane- ously introduced in the Assembly by Mr. Maier and was known as the Sage-Maier budget bill. It passed the Legislature and received the signature of Governor Whitman on April 5th, 1916. The law provides that three agencies, the Governor, Senate Finance Committee and the Assembly Ways and Means Committee shall be concerned with the preparation of the budget. The 1910 law requiring the Comptroller to receive and compile estimates was not repealed, hence the Comptroller is a fourth budget-making agency. However, the two legislative committees, under a provision of the 1916 law, have com- bined under the title of Legislative Budget Committee and work jointly in the preparation of the budget. There are, therefore, at the present time three budget agencies, the Governor, the Joint Legislative Budget Committee and the Comptroller. Phesent and Peoposed Budget System of Xew "i'oEK 311 Under the provisions of the 1916 Budget Law, the Governor is re- quired annually, within a week after the Legislature convenes, to sub- mit to each house " a statement of the total amount of the appropria- tions" desired by each spending agency of the State, and he "may at the same time make suggestions for reductions or additions thereto, as he deems proper." The Chairmen of the Finance and Ways and Means Committees may each appoint a clerk, also an accountant and a stenographer to assist each clerk. The clerks receive an annual salary of $4,000, together with traveling and other necessary expenses. These clerks are required to receive and tabulate estimates and to compile other budget data for the Chairmen of the Joint Legislative Budget Committee. The law provides that the annual budget shall contain a complete and detailed statement of all appropriations necessary for Ihe maintenance of state government, together with an itemized and detailed estim.ate of the probable revenues of the State, and an estimate of the amount necessary to be raised by direct tax. The Budget Law provides that a single appropriation bill shall be intro- duced into the Legislature by budget committees at the same time the budget is presented (March 15th). The bill then remains upon the cal- endars of both houses as the special order of the day for at least five fnll legislative days, during which time the department heads may be called before the Legislature for interrogation; and amendments may be made involving increases, reductions or eliminations. All legislative considera- tion of the bill shall be published. When the bill is advanced to the order of the third reading in each house the legislative action on it is limited to a decrease or elimination of items and the bill is the special order of the day for three full legislative days. A bill was introduced by Senator Sage and passed the Legislature of 1919 (Int. No. 124:7), which proposed to constitute the Senate Finance and the Assembly Ways and Means Committees a joint legislative budget committee to serve throughout the year. It also proposed to make the clerks, appointed by the chairman of the joint committee " budget secre- taries," who could not be removed after four years of continuous service except on charges and after an opportunity to be heard, with a salary not in excess of $5,000. This bill was vetoed by Governor Smith upon the ground that if the salaries of these clerks were to be increased and their tenure of office made secure, irrespective of the political complexion of the Legislature, the incumbents should then be chosen from the Civil Service list after competitive examination. 312 Kepoet of Reconsteuotiost Commission Operation of the Le^slative Budget The law, establishing a legislative budget procedure for New York State has been in operation three years — a sufficient time it seems in which to observe its working and to determine its success or failure. The spending agencies of the State submit their estimates to three bud- get making agencies: the Governor, the Comptroller and the clerks of the Joint Legislative Budget Committee, each of which compiles and publishes the estimates in separate volumes. This is confusing to both the legislators and the public, since each compilation is different from the other and all are more or less incomplete. The compilations do not follow a uniform classification of institutions and departments, which fact adds to the con- fusion and difficulty of making comparison. Besides, none contains com- plete information as to the means of financing the proposed expenditures. During the three years that the budget has been in operation printing these three compilations has cost between $5,000 and $10,000 annually. Until the present year the Governor submitted his recommendations for appropriations to the Legislature in the form of a tentative appropriation act which has had little influence upon the action of the Legislature. The chief value of the Comptroller's work in coimection with the budget has been his estimate of the anticipated revenues of the State. The expendi- ture program which is prepared by the Joint Legislative Budget Committee in the form of a general appropriation bill and introduced into the Legis- lature about a month before the end of the session does not by any means comprehend all the expenditures. Numerous special appropriation bills of which no account can be taken are passed subsequently to the enactment of the general appropriation bill. There is, therefore, no single document that records the estimates and proposes a complete plan of expenditures commensurate with the anticipated revenues of the state. Under the pres- ent procedure the special appropriation bills which are passed during the legislative session and especially those which are rushed through near the close of the session make impossible a complete budget plan. It is to be noted that the evil resulting from the passage of special approprialion bills has increased rather than decreased since the budget law began to operate in 1917. In 1916 thirty-nine such bills became laws; in 1917, the first year under the Budget Law, there were eighty-one; in 1918 there were eighty-nine; and in 1919 there were eighty-seven. Each one of these bills was acted upon by the Legislature and signed by the Governor separately. The general or annual appropriation bill of 1919 carried only $59,390,- 811.95 of the $96,538,303.00 appropriated by the Legislature and approved by the Governor. The remainder, $S'6,147,492.05 was scattered through eighty-seven other appropriation bills. By deducting the amount Peesent and Proposed Budget System of ISI^ew Yoek 313 of the debt service, $13,341,678.42, there remains $22,805,713.63 carried by special appropriation bills most of which were passed during the rush and confusion of the last week of the legislative session. In addition $4,705,595.86 was appropriated by the Legislature in special bills which were vetoed by the Governor. Since the total amount actually appropriated by the Legislature is not known until at least thirty days after the Legislature has adjourned, when the Governor has acted upon all of the thirty-day bills, it is impossible for the Committee on Taxation and Retrenchment of the Legislature to meas- ure accurately the proposed expenditures and to provide revenues for meet- ing them. Under the present budgetary procedure these committees work blindly in their efforts to provide revenues for a budget, the total expendi- tures of which they can only approximate roughly. The price that the people of New York State pay for the lack of a comprehensive budget plan is shown by the taxation measures which have passed the recent Legis- lature. For example, an income tax was laid upon the State without knowing what the State would expend for the next fiscal period, and con- sequently how much additional revenue such a tax would produce, and whether the proposed law was constitutional. For three years Governor Whitman with the aid of his budget staff pre- pared a tentative appropriation act and transmitted it to the Legislature at the opening of the session. In the first one of these acts which was submitted to the 1916 Legislature the Governor proposed to bring all appropriations into a single bill and to make the appropriations in lump sums with itemized schedules and a system of transfers under executive control. While the legislative committees rejected the Governor's plan with schedules and provisions for the transfer of these, they abandoned the lump sum method of appropriation previously used and adopted the plan of very detailed segregation. The Joint Legislative Budget Committee has followed the same scheme in making up the general appropriation bills for 1917, 1918 and 1919. The Governor in making up his tentative appropriation act for 1917 abandoned his plan of the preceding year based upon lump sum appropria- tions with itemized schedules and the power of transfer and adopted the l^islative system of segregated appropriations without transferring. He carried this idea to the extent of requiring all appropriations to be highly itemized. The Legislature refused to itemize its own appropriations and the Governor vetoed them, but it immediately passed them over his veto. The effect, however, was that the appropriations for legislative purposes were itemized in the 1918 appropriation act. As a result of the antagon- ism between the Governor and the Legislature the highly itemized form in 314 Report of Reconsteuction Commission making appropriations has been developed. Three years of experience has shown that this extremely segregated form of appropriations does not operate satisfactorily, especially as applied to institutions. The procedure of the Legislature in enacting the appropriation laws leaves much to be desired. The Budget Law provides that the general appropriation bill may be open to discussion for at least eight legislative days, but such discussions are becoming more and more a matter of form and are usually participated in after the bill has reached its third reading and just preceding its final passage. The minority party, despite the fact that there are always a few of its members on the Joint Legislative Budget Committee, is practically without influence in the preparation of the bud- get and has very little weight when it comes to the passage of the appro- priations. Under ISTew York's budget procedure, the Joint Legislative Budget Com- mittee controls the formulation of the budget. Of course they receive budget recommendations from the Governor but they are at liberty to dis- regard them if they choose. Then the only recourse left to the Governor is to exercise his constitutional right of veto ; but since the Legislature man- ages to pass the more important appropriations a sufficient length of time before its adjournment to repass them in case of the Governor's disap- proval, there remain only thirty-day appropriation bills upon which the executive veto may be effected. In the ratification of the budget, that is the enactment of the appro- priations, the Legislature is supreme. Both houses pass the budget prac- tically as submitted to them by the Chairmen of the Joint Legislative Budget Committee. When it comes to carrying out of the provisions attached to the appro- priations, complete control is centered in the Comptroller's ofiice. The Budget Law prescribes no procedure for the execution of the budget. Pro- visions that in practice govern this stage of budgetary procedure are to be found in the State Finance Law which is evolved out of the legal regula- tions applicable to the expenditure of appropriations during more than a century prior to the time of the adoption of the Budget Law. State obligations are paid by the Treasurer who has the custody of the state funds. All his disbursements are both authorized and audited by the Comptroller. Although an elective officer, the Treasurer may be sus- pended by the Governor. In brief, under the financial system of New York State the budget is prepared and enacted into law by the Legislature, a body not responsible for the expenditure of the appropriations. The execution of the budget is placed in the hands of the Comptroller, an independent elective officer who Present and Proposed Budget System of Neav York 315 has power both to authorize expenditure and to reclassify appropriations. The Oovernor performs no definite function in the budgetary procedure other than that of approving or vetoing appropriations. The financial system of New York State bears a striking resemblance to that of the national government in which Congress both foimulates and ratifies the appropriations and the Treasury Department executes them. The main difference between the two plans is that the Comptroller of New York is independent of the Executive while the Treasurer of the United States is responsible to the President. The federal plan in this regard is somewhat better than the New York plan, but everyone is ready to admit that the federal system is bad. Defects in legislative Budget. One of the most serious defects in the present law is that it completely destroys responsibility of the Governor for assembling and reviewing the estimates of expeditures for several departments of the state govern- ment. He is not required to review critically the estimates of his subor- dinates. He is not required to know anything about or assume responsi- bility for the requests for appropriations which he makes to the Legisla- ture. He is given no opportunity to meet the criticism of his administra- tion and defend and explain his conclusions even if he should voluntarily undertake to master state finances and prepare his requests on the basis of a statesmanlike view of public concerns. Since the passage of the Sage-Maier bill there has been a notorious lack of co-operation between the Governor and the Legislature on financial mat- ters. Before the end of his first term Governor Whitman abandoned the leadership which he assumed in budgetary matters at the opening of his administration and left the Legislature in full possession of the field. Hte however continued to make budget recommendations to each session of the Legislature except the 1919 Legislature, his second term of office expiring before the beginning of that session. Governor Smith' could make no budget recommendations to the 1918 Legislature since the Budget Law requires that such proposals be submitted to the Legislature during the first week of its session, which allowed him no time to prepare recom- mendations. The law has not and cannot produce a genuine budget. Such a docu- ment must be prepared by officers who know the conditions of the adminis- tration for which provisions are to be made. It must present a complete program of work reduced to a business basis, carefully reviewed by a responsible executive officer, and guaranteed to be an economical program ; not a collection of padded demands upon the treastiry rinde by officers who 316 Repoet of Rkconsteuotion Commission are forced to ask more than they hope to get in order to secure approxi- mately enough to meet their bills. The law places no limitation upon the introduction and passage by the Legislature of numerous special appropriation bills. It has been the practice of the Legislature to put through a large number of such bills during the closing days of the session. As indicated above the Legislature of 1919 passed 83 special appropriation bills during the last ten days of the session. The total of the budget for 1919-20 could not be ascertained until a month after the Legislature had adjourned when the Governor had finally acted upon all these bills. Such procedure not only encourages " log rolling " and the passage of " pork barrel " measures, but it makes impossible any comprehensive budget plan. The legislative treatment of appropriation measures is perfunctory and UD critical. In fact, the legislature has surrendered its functions so far as the main appropriation bill is concerned into the hands of the Senate Finance Committee. The opposition party's discussion of appro- priation measures is casual and futile. Need of an Executive Budget It seems obvious that the defects of the financial system of New York state cannot be overcome except by the adoption of a thoroughgoing execu- tive budget system. The executive budget is based upon the theory of administrative con- solidation. It therefore presupposes the reorganization of the state administration so as to fix definite responsibility in the Governor. The independence of elective administrative officexs enables them to ignore the Governor and to go directly to the Legislature with their requests for appropriations. Furthermore, the Governor does not have the co- operation on the part of his administrative officers that is necessary to produce a complete financial plan, if these administrative oflicers con- sist of ex-officio boards, unpaid commissions, long term commissioners holding over from past administrations and elective officers who may not even belong to the same party as the Governor. The establishment of a well coordinated Department of Taxation and Finance, the head of which is appointed by the Governor, is also necessary. The executive budget does not deprive the Legislature of any of its prerogatives. It does not, as it sometimes said, make the Governor a czar. It simply makes the Governor who represents the whole State and not a single assembly or senate district, responsible in the first in- stance for collecting, consolidating, reviewing and revising the estimates of the several departments of government and also for presenting to the Peesent and Peoi'oseu Bcdgbt System of New York 317 Legislature a complete plan of expenditures and revenues — a plan which in his judgment will best meet the needs of the administration of which he is the head. The executive budget throws upon the Legislature the burden of proof when it proposes to add to the Governor's estimates, that is, to give him and the department heads more money than is called for by the budget plan. This may be effected in several ways. The Maryland budget amendment permits the Legislature to add to the G-overnor's proposed expenditures only in the form of special appropriation bills and requires the Legislature to provide revenue necessary to meet the additional appro- priations. This brings the whole matter out into the open and puts an end to reckless " pork barrel " appropriations. The executive budget, would not add to the Governor's power over finances. He now has the power to strike out or veto items and whole appropriation bills. If he does this before the Legislature adjourns the vetoed items and laws are dead unless the Legislature repasses them by a two-thirds vote. If the Legislature adjourns before the Governor has time to act on its bills, he may kill any item or any measure. An executive budget requires the Governor to do his thinking about the finances before the Legislature acts. If the Governor ought to be entmsted with the power to veto items of appropriation after the Legis- lature adjourns when his word is final, then surely he can safely be entrusted with full power to prepare for legislative review and action the appropriation bills of the state. Summary of Becommendations. An executive budget system will be embodied in proper form in the Constitution of the State. The following are the essential elements of such a system: 1. The Governor will be made responsible for securing estimates of proposed expenditures from responsible officers of all state spend- ing agencies; also estimates of all anticipated revenues of the State for the period to be financed. The incoming Governor of New York assumes the duties of his office on January 1st which is usually two or three days before the beginning of the legislative session. If the budget program has just been prepared by the outgoing Governor and submitted to the Legislature, the new Governor cannot be held responsible for it. Estimates may be gathered and com- piled under the supervision of the old administration, but the new administration will have the power to make up the budget and 318 Kepoet of Reconstkuction Commissiok present it to the Legislature. The new Governor will make up the budget after he has appointed his departmental heads and can call them into conference to determine their relative needs in the financial program for the, coming year. 2. The Governor will be required to review all estimates of expenditures and with the aid and counsel of his administrative colleagues to prepare a complete plan of proposed expenditures in which the relative importance of all demands on the treasury are considered. 3. The Governor will have a permanent staff agency to assist him in the collection of budget data and the preparation of the budget. Under the proposed plan of organization the Bureau of Administra- tion in the Executive Department will be charged with the duty of gathering the estimates and other information relative to the budget and of making a complete compilation of all budget data for the use of the Governor. 4. The Governor will be required to hold public hearings on a tentative budget before its presentation to the Legislature. 5. The Governor will be required to present to the Legislature early in the session a complete plan or budget embracing all of the proposed expenditures shown in connection with the anticipated revenues of the state; also a statement of the condition of the treasury both at the beginning and at the end of the period covered by the budget, and a program of revenue measures. If found necessary, in financing expenditures for public works to raise part of the monej's required by the issuance of bonds, then the budget will contain an estimate of such proposed expenditures with a state- ment of the amount to be raised by bond issues. Full details will be given as to the requirements to be attached to the issuance of the bonds. 6. The Legislature will be required to begin immediately and openly to consider the Governor's budget. 7. The Governor will have the right, and it shall be his duty to meet with the committees of the Legislature and with the Legislature as a whole to explain, discuss and define his financial proposals. 8. The Legislature will not be permitted to pass any appropria- tion bill except upon recommendation by the Governor, until the Governor's entire plan is acted upon. 9. The Legislature will not be permitted to add to the Governor's proposed budget, but only to reduce and strike out items therein. Pbesent and Peoposed Budget System of New Yoek 319 10. The Legislature will be allowed to provide for expenditures in addition to those contained in the Governor's budget only by special procedure and subject as at present to the Governor's veto. 11. The Governor will be given authority to supervise the ex- penditure of all appropriations and will be required to report trans- fers and changes in the schedules or allotments of appropriations to the Legislature. In order that the Governor and his department heads may have reasonable latitude in making expenditures, the appropriation or budget bill will not be rigidly itemized. One of two plans will be adopted. The first plan contemplates that the appropriation for each main class of expenditures in an organization unit will be made in lump sum with a supporting schedule for each lump sum. This schedule will serve as a guide to expenditures rather than a rigid program, transfers being permitted within a schedule by application to and approval by the Governor. Under the second plan a lump sum appropriation will be made by the Legis- lature to each main class of expenditure in an organization unit and control over the expenditure will be secured by requiring each unit to allocate its lump sum appropriation with the approval of the Governor just prior to the b^inning of the fiscal year for which the appropriation is made. 320 Report of Reconstbuctioit Commission CHAPTER 3 — COMPARATIVE TABULATION ResppiiBibility for initiation of budget I. Preparation and filing of estimates II. Review and revision of estimates III. IVeparation of budget IV. Form and contents of budget ALABAMA — No. 31, Laws of 1919; Approved February 11, 1919; Legislature State Budget Com- misnan. — Composed of Governor aa chair- man, Attorney-Gen- eral and State Audi- tor. (Commission secures necessar] clerical asustance.) ©orernor.. § 2. By October loth quadrenni ally, the head of each agency asking support horn the State Treasury shall file with the Budget Commis- sion itemized estimates of its needs for the quadrennial period beginning October 1st next, and estimates of probable revenues from all sources; also a statement showing the revenue and expenditures for the last preceding quadrennial period; all of which shall be arranged in^ such form as the Budget Com- mission shall prescribe. § 3. By October 15th quadren- nially the State Auditor snail fur- nish the Budget Conunission (1) a statement showing balances to the credit of the several spending agen- cies at the end of the last fiscal year, (2) a statement showiog the rev- enues and expenditures from all appropriation accounts in the twelve months of the last fiscal year, (3) a statement showing the annual revenues and expenditures of each appropriation account for each year of the last four fiscal years. § 14. A statement of all claims against the State, requiring action by the Legislature, shall be filed with the Budget Commission. No provision for Alabama. fi 4. The State Budget Commission shall prepare a bud get. S 4. The budget 'shall contaia a complete plan of proposed expendi- tures and estimated revenues for the ensuing quadrennium and BhaU embrace an itemized estimate of the appropriations for the L^slature, as certified by the president of the senate and the speaker of the house; for the executive department; for the judiciary department; to pay the principal and interest of the State's debts; for the salaries and other purposes pa^ble by the State under its Constitution and lawi and for all other appropriations. § 10. All spending agencies shall furnish the Governor by October Ist of the even-numbered years esti- mates of their probable needs for the next biennial fiscal period. The estimates shall be itemized and classified and shall show in parallel tiolumns the expenditxires for the previous year. Estimates shall pre- sent new activities under appropri- ate heads, classification and arrauge- ments. Estimate forms shall oe prepared under the direction of the Governor and distributed from his office. § 8. The State Auditor shall on October Ist of each year furnish the Governor with (1) a statement of balance to credit of each spending agency at the end of the p receding fiscal year; (2) statement of monthly revenues and expenditures from each appropriation account during the last preceding fiscal year; (3) state- ment of annual expenditures in each appropriation acoount, as against the revenues thereto from all sources, for each of the two pre- ceding fiscal years; (4) a complete balance sheet for the fiscal year ending June 30th preceding; (5) other statements requested by Governor. §§ 1, 2, 3 and 4, The responsible officer of every spending agency shall file with the Governor by October 1st of each year reports setting forth io detail the financial condition of the agency. The forma upon which these reports are made shall be prepared and distributed by the Grflrernor by June 30th of each year. The forms shaU be prepared io^ such manner tl^t the data contained thereon may be easily compared. ^ ^ 12 and 16. By January 1st preced- iag regular legisla- tive sessions the Governor and his assistants must have completed a careful survey of all spend- ing agencies through which he shall be in possession of work- ing knowledge upon which to base his recommendations to the Legislature. §§9 and 11. The Governor may re- quire from spending ■ js additional information not con- tained in the esti- mates which shall be appended as sepa- rate and distinct matter from the contents of the esti- mates. ARIZONA — § 12. The Gover- nor shall prepare budget recommen- dations for the bi- ennial period. S. E. No. 30. Laws of 1919. § 13. The budget shall contain a complete and itemized plan of all proposed expenditures for the sev- eral State agencies classified by sub- ject, character and purpose; also estimated revenues, balances or deficits of funds for each year of the ensuing biennial period begin- ning July 1st. The budget shall show the actual financial condition of each fund, appropriation and activity of the State during the last two fiscal years and the actual ap- propriations for the two preceding and ourrent fiscal years, in parallel columns in oomparison with the estimated expenditures, together with increases and decresaes in items. The budget shall contain an itemized and complete balance statement for the State at the end of the last fiscal year; also a current balance sheet. It shall include an estimate of amounts which may be required to meet any emergency due to casual deficits in funds, failure of revenues or other contin- gencies with suggestions for im- mediate appropriation therefor. Tabular Abtalysis of all State Budget Laws 321 OF STATE BUDGET LAWS Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legialature VII. Legislative action on conaolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations meets quadrennially § 4. Within fifteen days after the convening of the Legislature in regular session, the chair- man of the Budget Com- mission (Governor) shall submit a budget for the ensuing four fiscal years. § 5. The Governor shaU transmit to the presiding officer of each house a budget and bills for all proposed appro- priations of the budget, clearly itemized and classified. (Compare with Maryland Budget Amendment.) § 6. The Legislature, by rule of procedure, will not alter the budget biUs except to strike out or reduce items, unless by vote of two-thirds of the members elected to both houses, pro- vided that appropriations necessary for the payment of interest or principal due on public debt will not be reduced or eliminated, Legislatm-e meets §§ 13 and 14. The Governor shall submit printed copies of the budget for the biennial period beginning July Ist, to the priding officer of each house, within five days after the begLoning of the legis- lative session; also copies of a tentative general ap- propriation bill and all appropriation bills of a special nature required to carry out reconunen- dations of the budget. The appropriation bills ao proposed shall be itemized and classified as to subjects, objects and purposes. § 5. The Governor shall secure the introduction of the appropriation bills in each house as soon as prac- ticable after they have been presented to the presiding officers and are ready for introduction. The Budget Commission may amend or supplement the appropri- ation bills while in. the Legislatxire. § 10. The house and senate committees in charge of appropriation measures, will sit in joint public meet- ings while considering the budget and all parties in- terested in the estimates will be admitted and heard. At these public meetings the members of the Budget Commission may be pres» ent and be heard on all matters coming before the joint committees. biennially. § 15. Budget and pro-iNo provision for Arizona, posed appropriation bills shall be referred to the appropriation committees of the house and senate, who shall consider the § 7. Neither house will consider any other appro- priations except an emer- gency appropriation for the immediate expense of the Legislature until the bud- get has been finally acted upon by both housra. Every supplementary ap- propriation will be embod- ied in a separate bill for a single purpose. No sup- plementary appropriation will be valid if, when added to the appropriations au- thorized by the budget bills, it exceeds the revenue from all sources for the next ensuing quadrennium, as estimated in the Budget. No provision for Arizona . § 8. Transfer of items of appropriation may be made upon written request to and approval by the Bud- get CoDunission. § 9. The Budget Com- mission or their represen- tatives may, at any time, examine the affairs of all spending agencies and may recommend the curtailment of expenses looking toward increased efficiency. § 11. All unexpended balances at the end of each quadrennium are reappro- priated for one month, at the end of which time they revert to the treasury. § 12. The State auditor shall keep such books as shall exhibit clearly the financial condition of the State. § 13. Every speudiog agency shall keep detailed accounts of all receipts and disbursements and shall check up monthly with the auditor's account. i 5. Every agency re ceiving appropriations from the State shall keep such books, records and accounts aa will furnish full and complete information of expenditures. § 6. All bills, statements, letters, vouchers and docu- ments pertaining to book entries shall be preserved and systematically filed by the several spending agen- cies. § 7. The Governor may appoint persons to make an audit of the books of any spending agency at any time. 322 Report of Eeconstktictiois" Commission Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget Budgd Committee. — Composed of seven members of the house appointed by the Speaker and five members of the senate appointed by the President,_ at each session, within five days after organization. §§ 1 and 2. Heads of the various spending agencies on or before the date of convening of the Legis- lature, are required to file with the State Auditor a compiled statement of estimated expenditiu-es for the ensuing biennium, including inci- dental expenses, and an itemized statement of proposed new work and the cost thereof. § 3. The State Auditor shall com- pile an estimate of all the State's revenues for the ensuing bienniimi, based on the income for the pre- ceding two years. Arkansas. ARKANSAS — Chapter 44, Laws of 1913; approved No provisions for No provisions for No provisions for Arkansas 'irkansas. CALIFORNIA Budget Board. Composed of State Board of Control, consisting of three members appointed by the Governor, and State Comp- troller. The Budget Bo^d has been con- stituted by mutual agreement and not by statute. No provisions for California. (In practice estimates are received by the Budget Board upon prepared forms.) § 661. The mem- bers of the Board may visit every spending agency of the State, ascertain the condition of same and also their wants and require- ments. Chapter 349, Laws of 1911 ; approved No provisions for California No provisions for California. (In prac- tice the Budget Board makes recom- mendations to the Legislature for ap- propriations.) Tabulae, Akalysis of all State Budget Laws 323 of State Budget Laws — {Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VIL Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations February 12, 1913. 5 5. The State Auditor shall furnish the Budget Committee immediately upon its appointment the estimates of proposed expenditures and antici- pated revenues. § 6. The Budget Com- mittee, not later than twenty days after its appointment, shall pre- pare and introduce into the General Assembly all appropriation bills for the necessary running expenses of the State government, including all State institutions. It shall make such recom- mendations by bill, or otherwise, for changes in the State revenue laws as may be deemed neces- sary to raise sufficient funds for the State's Legislature meets No provisions for Ar- biennially. No provisions for Ar- kansas. No provisions for Ar- No provisions for Ar April 3, 1911. Legislature meets biennially. § 67. The State Board' of Control must make reports and recom- mendations at leasl thirty days before the meeting of the Legisla- ture. It must give the Comptroller for his use at such time as he shall demand, a statement showing all its recom- mendations for appro- jniations by the Legis- lature. § 443 (Political Code). The Comptroller must submit an estimate of requirements to the Gov- ernor and to each mem- ber and member-elect of the Legislature within ten days of the opening of each regular session. No provisions for Cali- fornia. No provisions foe fomia. Cali- § 34, Art. 4 of Constitu- tion. No bill making an appropriation of money, except the general appro- priation bill, shall contain more than one item of ap< propriation and that for one single and certain pur- e to be therein ex- pressed. § 660. The State Board of Control may examine books of all spending agencies. ~_ 666. It may audit claims against the State and approve or disapprove them. § 682. It shall have gen- eral powers of supervision over ail matters concerning the fiscal and business poli- cies of the State, J 683. It shall approve contracts for the purchase of supplies. §§ 686 and 687. It shall devise, install and supervise a uniform system of ac- counting and reporting. 324 Report of EtEConsteuction Commission" Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget COLORADO — A. B. No. 370, Governor., § 1. All spending agencies, except the General Assembly and the Judi- cial Department, shall prepare and submit to the Governor by Novem- ber 30th of the even years estimates of their required appropriations. The estimates shall be itemized and in such form as the Governor may require. Estimates of the General Assembly, certified by the presiding officer in each house and of the Ju(Ucial Department, certified by the clerk of the Supreme Court of the State shall be transmitted to the Governor before the 15th day of January next succeeding. § 1. The Governor may review by pub- lic hearings all esti- mates. He may revise all estimates, except the estimates of the Legislature and Judicial Depart- ment, and he may make such recom- mendations with regard to these as he may deem proper. §§ 4 and 5. The office of Budget and Efficiency Commis- sioner is created. He shall be ap- pointed by the Gov- ernor with a term of coterminous with that of the Governor; shall be qualified as an ac- cotmtant and shall devote his entire time to the duties of his office. He shall have access to the accounts and rec- ords of all agencies receiving money from the State, and it shall be his duty to assist the Governor in the preparation of the budget and ap- propriation bills. § 2. The Governor shall prepare a bud- get and shall submit it to the General As- sembly, Laws of 1919. Legislature § 2. The budget shall contain a complete plan of proposed expendi- tiu-ea and estimated revenues for financing the State government for the eiwuing biennium. It shall con- tain the estimates of all spending agencies as revised by and certified to the Governor, It shall contain a proposed plan for financing the requu-ements for the next biennial fiscal period, together with measures of taxation if any, which the Gov- ernor may propose for the increase of revenues. Accompanying state- ments shall show a current balance sheet of the State, compared with the financial conditions of the previ- ous biennial period; actual revenues and expenditiu'es in detail for the preceding biennium, and such other information as may be necessary. The budget shall be in such form as to be readily analyzed and under- stood. iStote Board of Fin- ance. — Composed of three electors ap- pointed by the Gov- ■emor, with over- lapping terms of six years, and the ComptroUer, Tax Commissioner (ap- pointed by the Gov- ernor) and the Treaeurer, ex-officio. § 2. AU spending officers must submit estimates of their require- ments to the State Board of Finance by August Ist of the even numbered years. CONNECTICUT — H. B. No. 718, Laws 1919, repealing _ 2. The Board No provisions for Connecticut. shall tabulate the estimates and shall make recommenda- tions thereon. The Comptroller shall have the estimates printed in a book. J 2. The State Board of Finance may hold hearings on the estimates, and shall have ac- cess to all accounts and records of de- partments and insti- tutions. Tabular Analysis of all State Budget Laws 325 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legi^ature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIIL Supplementary appropriation bills IX. Expenditure and control of appropriatioiu meets biennially. (Compare with budget law of New § 2. The Governor § 2. Immediately upon No provisions shall submit the budget submission of the budget rado. to the Le^atm-e by the and appropriation bills, the -presiding officer of each - house shall introduce and 1 refer the same to the ap- 1 propriate conmiittees of 1 their respective hou! I The Governor may amend - or supplement the budget : before final action thereon • by the General Aasemb^. § 3. During the consid- - eration of the appropriation - bill or bills submitted by r the Governor, the Gover- - nor, Auditor and heads of the spending agencies shall have the right to appear and be heard by the appro- priate committees of either house of .the General As- sembly- fifteenth day of the reg- ular session. Accom- panying the budget shall be an appropriation bill or bills in such form and detail as shall afford effective control over ex- -penditures. The budget shall be printed and cop- ies furnished each mem- ber of the General As- sembly and State Audi- tor, and given such other publicity as the Gover- nor shall deem proper. Mexico.) for Colo- § 3. The principal ap- propriation bill transmitted by the Governor to the General Assembly with the budget shall be the general apin'opriation bill. For every expenditure required by the budget, not com- prehended in the general appropriation bill, as de- fined by section 32, article 5 of the constitution, the Governor shall prepare and submit separate special appropriation bills. In order to provide for the payment of current sal- aries and necessary running expenses during the interim before the expiration of the fiscal year and the effective date of the general appro- priation bill, the Governor shall prepare for introduc- tion to the General Assem- bly inmiediately after it convenes, the customary short appropriation bill, _ 2. The appropriation bills shall be in such form and detail as to afford effec- tive auditing and control over expenditures. Chap, 302, Laws of 1915 Legislature meets biennially. No provisions for Con- necticut. § 1 (H. B. No. 714. Laws 1919). There shall be a joint standing committee on appropriations, ap- pointed at each session, consisting of two senators and five representatives. All appropriation bills shall be referred to this commit- tee unless such references shall be dispensed with by vote of two-thirds of each branch of the Legislature. The Board of Finance and the Committee on Appro- priation shall jointly or- ganize by the selection of a chairman and a clerk, and shall, during the ses- sions of the Legislature, hold meetings for the con- sideration of appropriation bills. § 2 (H. B. No. 714, Laws of 1919). This joint com- mittee shall report to the house of its origin all ap- propriation bills within two weeks after the conclusion of hearings thereon. It may originate and report such appropriation bills as are deemed necessary. All appropriation bills shall specify the particular pur- pose for which each appro- priation is made and shall be itemized as far as prac- ticable. No provisions for Con- necticut. No provisions for Con- necticut. § 3. The Board of Fi- nance is given power to examine and control the expenditures of _ depart- ments and institutions. § 4. The Board of Fi- nance must give its consent before transfers of appro- priations can be made by the Board of Control. 326 Report of Reconsteuctioi^ Oommissioist , Chapter 3 — Comparative Tabulation Responsibility for initiation of budget II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget DELAWARE — Chap. 278, Laws of 1917; approved March 15, 1917. (Providing budget system Governor § 6. The Governor may require § 6. The Governor § 1. The Governor §§ 2 and 3. Each budget shall be divided into two parts: I. " Gov- ernmental appropriations," embrac- ing itemized estimates and appro- priations for (1) General Assembly, (2) Executive Department, (3) Judi- ciary Department, f4) to pay and discharge the principal and interrat of the State debt, (5) salaries pay- able by State, (6) public schooli, (7) other expenses necessary under constitution; II. " General appro- priations," including all other esti- § 6. The Governor may require from all agencies expending or ap- plying for State moneys such item- ized estimates and other informa- tion in such form and at such time as he may desire. The estimates for the Legislature shall be certified by the presiding officer of each house; those for the public schools shall be furnished by the State Board of Education. § 6. The Governor shall include in Ms budget, without re- vision, the estimates for the Legislature and the public § 1. The Governor shall be requested to prepare two bud- gets, one for each of the ensuing fiscal years. § 1. Each budget shall contain a complete plan of proposed expendi- tures and estimated revenue, and shall show the estimated surplus or deficit of revenues. An accompany- ing statement shall show (1) rev- enues and expenditures for each of two fiscal years next preceding, (2) balance sheet, (3) debts and funds, (4) estimate of State's finan- cial condition at the end of the fiscal years covered by the budget, (5) explanations by Governor. The Bvdget and Investigating Com- mUtee. — Composed of the Governor as Chairman, Attorney General, Superin- tendent of Educa- tion, and Chairman of the Appropriation Committees of the Le^slature. No provisions for Georgia. FLORIDA GEORGIA — No. 327, p. 165, Laws of 1918; approv § 2. This Com- S 2. The Com- No provisions for Georgia. mission shall exam- mission shall prepare me the needs of the a detailed statement several agencies re- of the condition of ceiving sum)ort from State finances, the State Treasury. Tabular Analysis of all State Budget Laws 327 \. of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriatiooa for one session.) Legislature meets biennially. (Compare with Maryland budget amendment.) §§ 1 and 3. The Gov- ernor shall deliver to the E residing officer of each ouse the budgets and a bill of proposed appro- priations, clearly item- ized and classified. § 3. The budget bill, or appropriation bill, must be introduced immediately upon receipt by the presid- ing officer of each house. It st^U have priority over all other bills and motions ex- cept the motion to adjourn. The Governor may amend or supplement the budget bill while in the Legisla- ture. 5 4. The Governor and representatives of spending agencies shall have the right to be heard on the budget bill during its con- sideration by the Legis- lature. 3. The General As- , may amend the budget bill by increasing or diminishing the items therein in any way not contrary to the constitu- tion. § 5. Neither house shall consider other appropria- tions until the budget bill has been finally acted upon. § 6. Every supplemen- tary appropriation shall (1) be embodied in a sepa- rate bill, limited to a single purpose stated therein, (2) shall provide or designate the source from which the money therein appropriated is to be derived. § 7. The Governor shall include in his budget under the title " General Appro- priations " an estimate of the amounts which can be appropriated under miscel- laneous appropriations, and a number of supplementary bills may be passed carry- ing sufficient appropria- tions to exhaust the mis- cellaneous fund so esti- mated without providing any other source of revenue. No provisions for Dela, (No budget law.) August 12, 1918. Legislature meets annually. § 2. The Commission shall submit its report mth reference to the con- dition of the State's fi- nances and such recom- mendations for appropri- ations as it may see fit to make to the Legislatxire within ten days after the convening of a session. § 3. The Commission shall examine into the appropriations of pre- vious Legislatures and report whether or not the same should be discon- tinued, decreased or in- creased. The Commis- sion shall prepare and submit to the Legiglatm*e bills to carry out its reconunendations; it shall also prepare the general appropriation bill and de- liver same to the Chair- man of the Appropriation Qommittee of ihe House. No provisions Georgia. for No provisions Georgia. foi No provisions Georgia. for § 4. The Commission shall visit the State spend- ing agencies and examine their methods of accounting with a view to installing a uniform system of account- ing. $ 8. The Commission shall aid and advise the Governor in fixing tax rate to be levied for the support of the Government. 328 Kepobt of Reconsteuction Commission Chapter 3 — Comparative Tabulation Responsibility for initiation of budget II. Review and revision of estimates III, Preparation of budget IV. Form and contents of budget Governor. IDAHO — §2. The Commissioner of Finance, by August 15th of even years, shall distribute to all spending agencies estimate forms. He shall procure information of revenues and expendi- tures for current biennium, the ap- propriations of the pre^ouB Legis- Uture, the expenditures therefrom, encumbrances thereon, amounts unencumbeied and unexpended, and estimates of revenues and amounts needed by spending agencies for pre- ceding bienniimi. § 3. Each spending apency shall by October Ist file estimates and other information with the Commis- sioner of Finance. S. B. No. 173, Laws of 1919, §1 § 3. The Com- missioner of Finance may approve, disap- prove or alter esti- mates. He shall, by December 1st, sub- mit to the Governor and to the Governor- Elect, in writing, his estimates of revenues and appropriaions for the next biennium , § 4. The Gover- nor shall, during De- cember, provide for public hearings on all estimates and shall invite the Gov- ernor-Elect to be present and shall re- quire the attendance of heads or repre- sentatives of all agencies receiving or asking money from the State. The Gover- nor is the chief budget officer of the State and shall be assisted by the De- partment of Finance. : ■ The Gover- nor shall submit to the Legislatiu'e i budget for the bien. nial period. Legislature meets biemiially. § 5. The budget shall contain th^ amounts recommended by the Gov ernor to be appropriated to the sev- eral spending agencies, the estimated revenues &om taxation, and the esti- mated amount to be raised by taxa- tion. Together with the budget, the Governor shall transmit the esti- mates of receipts and expenditures as received by the Commissioner of Finance from the elective officers in the Executive and Judiciary De- partments and from the Board of Education. ' Governor. § 37. The Director of Finance shall by September 16th of the even ninn- bered years distribute to all spending agencies, including the elective offi- cers, University of Illinois and Judicial Department, es blanks in such form as he may pre- scribe. He shall procure informa- tion of the revenues and expenditures for the two fiscal years preceding, the appropriations made by the pre- vious Legislature, the expenditures therefrom, the encumbrances there- on, amounts unencumbered and unexpended, estimates of the reve- nues and expenditures for the ciurent fiscal year, and estimates of revenues and amounts needed by several spen(^ng agencies for the succeeding biennium All spending agencies shall, not later than November Ist, file with the Director of Finance their esti- mate of receipts and expenditures for the succeeding biennium. Such esti- les shall be accompanied by written explanations. ILLINOIS — Civil Administrative Code. Laws of 1917. Page 2; § 37. The Di- § 38. The Cover- § 38. The budget shall contain the rector of Finance nor shall submit to amounts recommended by the Gov- may approve, disap- the Legislature a ernor to be appropriated to the sev- prove or alter the budget for the bien- eral spending agencies, the estimated estimates. He may nial period. revenues from taxation and from at his discretion sources other than taxation, and the make inquiries and estimated amount required to be investigations. He raised by taxation. Together with shall by January 1st the budget, the Governor shall submit to the Gov- transmit th6 estimates of receipts ernor in writing his and expenditures received by the estimates of rev- Director of Finance from the elective enues and appropria- officers in the Executive and Judicial tions for the next Departments and from the Uni- biennium. versity of Illinois. Tabular Analysis of all State Budget Laws 329 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VIL Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations (Compare with the § 5. The Governor shall submit the budget not later than ten days after the organization of the Legislature. § 6. He shall submit to the Residing officer of each House at the time he submits his budget, copies of a tentative bill for all Iffoposed appropriations, clearly itemized and properly classified, for the ensuing biennial appro- priation period. budget laws of Illinois and Virginia.) § 7. The Standing Appro-] § 8. The Legislature may priation Committees of the jjegislature must begin with- in five days after the budget is submitted, to hold jointand open seBsions upon it. This Joint Committee may re- quire representatives of spending agencies to appear before it and give informa- tion, and it may admit and hear persons interested in the estimates. The Gover- nor, or his representative, has the right to sit at these public hearings and to be heard. increase or decrease items in the budget bill. Further, appropriations, except in the case of an emergency, ' can be made only after the budget bill h^ been finally acted upon. § 8. All appropriation bills originating m the Leg- islature must conform to the budget classifications. No provisions for Idaho approved March 7, 1917. Legislature meets biennially. § 38. The Governor shall submit to the Gen- eral Assembly the budget not later than four weeks after its organization. No provisions for Illinois, No provisions for Illinois. No provisions for Illinois. § 39. Each department shall, before an approj^a- tion for such department becomes available for ex- penditure, prepare %nd sub- mit to the Department ^f Finance an estimate of the amount required for each activity to be carried on, and accounts shall be kept and reports rendered show- ing the expenditures for each such purpose. 330 Eepoet of Eeconstruction CoMMissioisr Chapter 3 — Comparative Tabulation ReBpoDBibility for initiation of budget I. Preparation and filing of eBtimates II. Review and revision of eBtimates IIX. Preparation of budget IV. Form and contentB of budget INDIANA — Joint Resolution to amend Constitution by adding Section 31 to Art. IV; passed Subaee. D. 2. EstimateB are re- quired to be made to the Governor by ail spending agencies at suoh time and in such form as he may pre- scribe. Estimates of legislature are certified by the presiding officer of each house, those of judiciary by Auditor of State, those of public schools or higher educational institu- tions by State Superintendent of Public Instruction or the admiiuB- trative head of Bueh inatitutione. Subaee. D. 2. Gov- ernor may review by public hearings aU estimates and may revise all esti- mates except those of legislative and ju- diciary departments and those for the public schools. Subaee. D. 2. Gov- ernor shall prepare two budgets, one for each of the ensuing fiscal years. Subaee. B. 2 and 3. Each budget shall be divided into two narts ^ I. '\ Governmental Appropris- tiona," including estimates of apprcv priationB for (1) General A^embly; (2)_ Executive Department; (3) Ju- diciary Department; (4) to pay and discharge principal and interest of State debt; (5) salaries payable under Constitution and Laws; (6) public schools or higher institutiona; (7) other purposes set forth in CouBtitu- tion and Laws; II. " General Appropriations," in- ducing all other esthnates. Subsec. B. 1. Each budget shall contain a complete plan of proposed expenditures and estimated rev- enues and shall show the estimated surplus or deficit of revenues. An accompanying statement shall show: (I) revenues and expenditures for each of two fiscal years next preced- ing; (2) balance sheet; (3) debts and funds; (4) estimates of State's finait- cial condition at the ends of fiscal years covered by the budget; (5) ex- planations by Governor. Governor., fi 101a. Every agency expending or requesting money from the State treasury, shall by November 15th of the even number years, submit to the Governor a statement of amoxmts appropriated for the current bien- mum, with explanations of increases over previous appropriations. IOWA — Code, Sec. 191a and 191b No provisions for Iowa. § 191b. The Gov- ernor shall prepare a budget. § 191b. The budget shall contain in detail general information and in general form the Governor's recom- mendations for appropriationa for all spending agencies, together with such explanation thereof as he may dedre to present. §§ 1, 2, 3, 4, 5. Estimates prepared by all spending agencies on pre- scribed blanks, giving itemized lists and trial balance, and presented to the Governor on November 15th of the even years. % 4. Each estimate must be sworn to by administrative head or other designated office or spending agency making same. \ 6. Estimated revenues pre- sented to the Governor by Comp- troller and Treasurer jointly. KANSAS — Chapter 312, Laws of 1917, approved March 7, 1917. .. 7and 9. Gover- § 7. The budget shall be in the nor shall prepare a form of a separate message to the summary of the Legislature, containing a summary estimates and of the requests and reports with make recommenda- recommenc&tions thereon, dona thereon. § 9. The budget message shall be in easily understood form. S 7. Governor shall review all esti- mates and determine necessity of appro- priations. \ 8. He may con- duct hearings, sum- mon witnesaes, and make investigations. For this purpose he may name adminis- trative officers to assist him. Tabulae Analysis of all State Budget Laws 331 of State Budget Laws — {Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in I^e^Iature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Ezpenditure lind control of appropriatiocs Legislature of 1919. Subsec. 6, 1 and 3. Governor shall deliver the budgets and a biU of proposed appropriations, clearly itemized and classified, to the presiding officer of each house with- in ten days (if newly elected 15 days after in- auguration) after con- vening of Legislatire. Legislature meets Subsec. B, 3. The budget bill, or appropriation bill, must be introduced into each house immediately upon receipt by the presii ing officer. The Governor may amend or supplement the bill while in the L^isla- ture. Subsec. B, 4. The Gov- ernor and administrative officers shall appear before the Legislature to defend budget bill. biennially. Subsec. B, 3. General Assembly shall not amend the budget bill to affect the obligations of the State un- der the Constitution o] Laws or to create a deficit. It may increase or decrease items relating to the Gen- eral Assembly or increase those relating to the ju- diciary but can only reduce or strike out others, pro- vided compensation of pub- lic officers IS not diminished during term of office. Subsec. C. Legislature shall not consider other ap- propriations until budget bill has been finally acted upon. Subsec. D, 1. If budget bill is not enacted three days before expiration of regular session the Gov- ernor may by proclamation extend session. No provisions for In- diana. (Compare with Maryland budget amendment.) Subsec. C. Every supple- mentary appropriation shall (1) be embodied in a sep- arate bill limited to a single purpose; (2) shall provide the revenue necessary to pay the appropriation un- less it appears from the bud- get that there is sufficient revenue available; (3) shall receive the majority vote of the elected members of each house; (4) shall be pre- sented to the Governor and be subject to his veto. Approved April 6, 1915. Legislature meets biennially. § 191b. On the date fixed by law for the Gov- ernor to present to the General Assembly his ofhcial message he shall Bulnnit the budget. The Governor shall not be re- quired to read the budget but it shall be printed in the Journal as a part of his message to the Gen- eral Assembly. No provisions for Iowa. No provisions for Iowa. No provisions for Iowa. No provisions for Iowa. Legislature meets biennially. (Compare with budget law of New Jersey.) S 7. The Governor shall present his budget to each member-elect of the Leg- islature on the secona Tuesday of January. I 9. Budget is given publicity by submitting copies to press and Public labrary. { 10. Governor may present special messages to the Legislature re- questing additional ap- propriations after the budget has been sub- mitted. No provisions for Kansas. No provisions for No providons for Kansas. & 12. Governor has the power to investigate the in- come of all State spending agencies which is not de- rived directly from the State IVeasury. 332 Report of Eeoonstruction Commission Chapter 3 — Comparative Tabulation ReeponsibUity for initiation of budget I. Preparation and filing of eatimates II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget Budget Appropria- tion Commission. — Composed of Gover- nor as chairman, State Auditor and chairman of State Tax Commission. (State Auditor elected by people at same time and for same term as the Governor. Chairman of Tax Conmiission is appointed by the Governor.) §§3 and 4. Every agency requiring or expending money from the treas- ury, shall file estimates with the Budget Appropriation Commission by December 1st of the even years. § 3. The estimates shall show the anticipated revenue and the needs of each spending agency for each of the ensuing fiscal years. Paymenls shall be classified as follows: (I) Salaries, (2) maintenance and operation, (3) supplies, (4) repau-s, (5) permanent improvement. Increases over the preceding year must be shown. The requirements of this section do not apply to the legislature, judiciary and common schools. § 2. Each spending agency must also submit to the Budget Appropri- ation Committee by January Ist a statement showing the receipts and expenditures for each of the fast two fiscal years, number and name of employes and average hours per day at work, the classification and com- pensation of each. §§ 4 and 5. All estimates must be compiled, sworn to and filed by either the head of the spending agency or a designated official, except those of the Legislature and the Judiciary which shall be compiled and filed by the State Auditor. § 6. State Treasurer shall furnish the Budget Appropriation Commis- sion a financial balance sheet of the State and any other information KENTUCKY — Chapter § 9. The Budget Appropriation Com- nussion shall prepare the budget. § 11, Budget Ap- propriation Commis- sion shall prepare two appropriation bills for each of the two ensuing years. These bills shall in- clude recommenda- tions for appropria- tions to all spending agencies except ju- diciary, legislature and common schools. § 7. The Budget Appropriation Com- mission assisted by the State Examiner and Inspector shall review the estimates and reports begin- ning January 5th. § 8. The Budget Appropriation Com- mission may direct the State Examiner and Inspector to make investigations and it may conduct hearings. § 10. All state- ments, estimates and reports concerning the budget shall be preserved by the State Auditor public record. 12, Laws of 1918, approved § 9. The budget shall comprise a summary statement of all esti- mates; shall show the source of in- come of all State agencies; also the expenditures, classified under (1) interest charges, (2) salaries, (3) maintenance and operation, (4) per- manent improvements; finally, the number of employes. In addition, the budget shaU contain a brief sum- mary of the financial condition of the State at the close of the last fiscal year; the condition at the end of each of the two years covered by the bucket; also a statement of the State debt and fixed charges thereon. The budget shall be " in simple, clear and concise form so as to be easily understood by the General Assembly." The Budget Appropriation Com- mission shall prepare a message to the General Assembly making reo- ommendations on the budget. Board of State Af- fairs. — Consisting of three members ap- pointed by the Gov- ernor and confirmed by the Senate for overlapping terms of six years. (Created by Amendment to Arts. 225-6 of Con- stitution, ratified in 1916.) § 8. Not later than January 1st, preceding the regular session of the General Assembly the Board of State Affairs shall distribute blanks for the preparation of estimates. These blanks shall be returned to the Board not later than February 1st, showing: (1) Actual revenues and expendi- tiores for two preceding years; (2) estimated revenues and expenditures in corresponding detail for the ensu- ing biennium; (3) whether and in what amounts the estimates exceed or fall below the corresponding items of expenditures for the preceding fiscal period. All estimates shall be accompanied by full explanation of changes. LOUISIANA — No. 140, Laws of 1916, approved July 5 1916. 8. The budget shall contain de- tailed and comparative statements of actual revenues and expenditures, and reasons for its recommendations. , 8. The estimates shall be compiled and reviewed by the Board of State Af- fairs; additional in- formation being ob- tained through ex- aminations, inter- views and corres- pondence. 8. Not later than March 15th the Board shall take formal action and shall prepare the budget. The budg- et shall be printed with a record of the vote in all cases where action is not unanimous, with any recommendations the minority or the Governor-elect may wish to include, Tabular Analysis of all State Budget Laws 333 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expeniture and control of appropriations March 16, 1918. Legislature meets biennially. § 12. The Budget Ap- propriation Commission shall transmit to each House of the General As- sembly copies of the budget, of the two appro- priation bills, and of the message not later than the third Monday after the b^inning of the No provisions for Kentucky No provisions for Kentucky No provisions for Kentucky § 13. All continuing ap-- propriations are repealed. All claims against the Treasury must be audited by the State Auditor. § 15. If the legislature shall fail or refuse to make appropriation, then the ap- propriations for the preced- mg year shall continue for the two succeeding years. Legislature meets biennially. (Compare with Budget Law of Wisconsin.) §8. The Board of State Affairs shall recommend a budget to the le^slature not later than April 1st. Additional recommenda- tions and reports shall be distributed not later than April 25tfa to the mem- b^ of the Legislature and the public bodies interested. No provisions for Louisiana No provisions for Louisiana No provisions for Louisiana _ 9. The Board of State Affairs shall have i)Ower to investigate; (1) duplication of work; (2) central con- trol of institutions; (3) cost of State printing; (4) feasi- bility of central purchasing; (5) Other matters pertain- ing to economy and efficiency. 334 Report of Reconstbuction Commission" Chapter 3 — Comparative Tabulation Responsibility for initiation oi budget II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget CommUtee on Budg- et. — Composed of Governor as Chair- man, State Auditor as Secretary, State Treasurer (appointed by the L^slature), chairmen of com- mittees on Appropri- ations and P^nancial Affairs of Senate and House. § 2. During October of the even years the responsible officer of every spending agency shall file with the Secretary of the Committee on Budget on forms prepared and fur- nished by the Committee, statements of the amounts appropriated and ex- pended for the current biennial fiscal period ending June 30th preceding, estimates of expenditures for each of the two following years, together with estimated income properly clas- sified and summarized. Reasons for estimated expenditures other than fixed charges shall be filed with the Committee. § 3. During October every cor- poration, association, board and in- stitution, whether public or private, receiving or requesting appropriation from the State, shall file with the Secretary of the Committee upon prepared forms, statements in detail of idl money for which any general or special appropriation is desired. $ 4. On the third Tuesday in Novem- ber the Committee Budget shall meet and proceed to Prepare the budget. t shall examine all statements and re- quests for appropria- tions on file with the Secretary of the Conmiitteeand shall hold public hearings on the estimates. Any member of the Committee on Budg- et may visit any spending agency for the purpose of exam- ination and investi- gation. § 4. The Commit- tee on Budget shall prepare a budget, MAINE — Laws of 1919. § 6. The budget shall consist of detailed estimates, subdivided luider appropriate headings, of the sums necessary to defray the expenses of the State for the ensuing biennial fiscal period. The budget shall be divided so as to show the amounts for charitable and benevolent insti- tutions, new buildings or repair of old buildings and for other purposes. It shall be accompanied by a state- ment showing the total valuation of taxable property in the State and the rate of taxation necessary to produce the revenue required to meet the appropriations. It shall also show the_ revenue for the biennial fiscal period from sources other than direct taxation. § 4. The budget shall include a report of the expendititfc of State funds during the current biennial fiscal period. Said estimates, recom- mendations, reasons and explana- tions with regard thereto as shall be deemed necessary by the Committee shall be the budget. MARYLAND — Amendment to Section 52, Article 3 Governor. . Subsec. D, 2. Estimates are re- quired to be made by all spending agencies to the Governor at such time and in such form as he may prescribe. Estimates of Legislatm'e are certified by presiding officer of each house and those of Judiciary by Comptroller. Subeec. D, 2. Gov- ernor may review by public hearings all estimates and may revise all estimates except those of legis- lative and judiciary departments and those relating to public schools. Subsec. D, 2. Gov- ernor shall prepare two budgets, one for each of the ensuing fiscal years. Subsec. B, 2, 3. Each budget shall be divided into two parts: I. " Governmental Appropria- tions " including estimates of appro- priations for (1) General Assembly, (2) Executive Department, (3) Ju- diciary Department, (4) to pay and discharge principal and interest of State debt, (5) salaries payable by State under Constitution and laws, (6) public schools, (7) other purposes set forth in Constitution. II. " General Appropriations," in- cluding atl other estimates. Subsec. B, 1. Each budget shall contain a complete plan of proposed expenditures and estmiated revenues, and shall show the estimated surplus or deficit of revenues. An accom- panying statement shall show: (1) Revenues and expenditures for each of two fiscal years next preceding, (2) balance sheet, (3) debts and funds, (4) estimate of State's finan- cial condition at the ends of the fiscal years covered by budgets, (5) explanations by G«vemor. Tabulae Aitalysis of all State Budget Laws 335 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature Vn. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations Legislature meets biennially. § 5. The Committee shall transmit the budget to the Legislature not later than the fifth day of the session. § 5. Upon request of any committee of the Legisla- ture the Secretary of the Committee on Budget shall transmit to the Legislature all statements, estimateeand requests which were filed with him by the spending No provisions for Maine. No provisions for Maine. No provisions for Maine. of Constitution, ratified November 7, 1916. Legislature meets biennially. Subsec. B, I, 3. Gov- ernor shall deliver the budgets and a biU of pro- posed appropriations, clearly itemized and clas- sified, to the presiding officer of each house within 20 days (if newly elected, 30 days) after the convening of the Legislature. Subsec. B, 3. The Budget Bill, or Appropriation Bill, must be introduced imme- diately upon receipt. The Governor may amend or supplement the bill while in the Legislature. Subsec. B, 4. Governor and administrative officers shall appear before the Legislature to defend the Budget Bill. Subsec. B, 3. Legislature shall not amend the Budget Bill to change the public school funds, or salaries and obligations required by the Constitution; it may in- crease or decrease items re- lating to the general as- sembly, or increase those relating to the Judiciary, but can only reduce or strike out others. Subsec. C. Legislature shall not consider other ap- propriations until the Budg- et BiU has been finally acted upon. Subsec. D, 1. If Budget Bill is not enacted three days before expiration of regular session, the Gover- nor may by proclamation extend session. Subsec. B, 3. Budget Bill becomes law upon passage of the Legislature without signature of Governor. Subsec. C. Every supple- mentary appropriation shall (1) be embodied in a sep- arate bill, limited to a single purpose, (2) shall provide the revenues necessary to pay the appropriation, (3) shall receive the majority vote of the elected members of each house, (4) shall be presented to the Governor and be subject to his veto. Appropriations are made to organization units in lump sum with itemized schedule attached. Each lump sum appropriation is paid out in accordance with the schedule which relates to it, unless and until such schedule is amended by action of the Governor upon request of the spend- igna gency. (Budget Bill, Chap. 206, Sec. 3, Laws 1918.) 336 Eeport of Reconstbttction Commission Chapter 3 — Comparative Tabulation Reaponsibility for initiation of budget Governor. , I. Preparation and filing of estimates II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget MASSACHUSETTS — Constitutional-amendment No. 16; § 1. Chap. 244, Laws of 1918. All agencies receiving or expending money from the Treasury shall by October 15th annually submit to the Supervisor of Administration esti- mates of amounts required for the ensuing fiscal year, with explana- tions, citations of statutes and other information; also statements show- ing in detail the amounts appropri- ated for the current fiscal year, These estimates shall not include requirements for any new or special purposes not authorized by statute. Duplicate copies of the estimates shall be filed with the Auditor of the State. § 2. Chap. 244, Laws of 1918. Spending agencies asking for the ex- penditure of State money from any source of revenue, including expendi- tures to be met by assessments or the issuance of bonds for any purpose not covered by the estimates men- tioned in Sec. 1 above, shall by October 15th submit requirements therefor in detail to the Supervisor of Administration together with such other information as he may require. § 3. Chap. 244, Laws of 1918. The State Auditor shall by December 26th prepare and file with the clerk of the house and with the Superviaor of Administration statement show- ing in comparative tabulations the estimates filed for all purposes authorized by statutes, including interests, sinking fund and serial bond requirements, the appropria- tions for the preceding year and expenditures for all State purpoaep for the three preceding years. He shall also file his estimates for the ordinary and other revenue of the State in comparative tabulations with the actual revenue for the pre- ceding three years, together with a statement of the free and unencum- bered cash balance and other re- sources available for appropriation. 244 The Ad- shall esti- shall 4. Chap. Laws of 1918. Supervisor of nunistration review the and make such investiga- tions as are necessary for the preparation of the budget. The Governor may call upon the Auditor for nee in the preparation of the budget. § 2. For the pur- pose of preparing his budget the Governor shall have power to require any spending agency to furnish him with any infor- mation which he may deem necessary. § 2. The budget shall contain a statement of all proposed expendi- tures of the State for the fiscal year, including those ab-eady authorized by law, and of all taxes, I'evenues, loans and other means by which such expenditures shall be defrayed. The budget shall be arranged in such form as the Legislature may by law prescribe, or in default thereof, as the Governor shall determine. § 4. Chap. 244. Laws of 1918. The budget shall show separately estimates and recommendations of the Governor for: (I) Expenses of ad- ministration, operation and mainte- nance; (2) deficiencies or overdrafts in appropriations of former years; (3) new construction, additions, im- provements and other capital outlay; (4) interest on public debt, sinking fund and serial bond requirements; (5) all requests for expenditures for new projects and other undertakings. It slmll also include definite recom- mendations of the Governor for financing the expenditures recom- mended and the relative amounts to be raised from ordinary revenue» direct taxes or loans. Michigan Commission of In- quiry. — Composed of five members ap- pointed by Governor, and the Governor and Auditor-Gener- al, ex-o£Gcio (this Commission is tem- porary). 4. The ComEoission shall pro- vide for an immediate examination, detail, of the various State spending agencies for the purpose of ascertaining the general financial needs and estimated income of same for the next biennial period, and for . making an estimate ^ and compilation thereof from which a Iget shall be prepared for presentation to the next (1919) Legislature. For the purpose of making such examination, the Commission shall designate one of its members as a Special Investigator, who shall commence such work at once and continue same during the life of the Commission, and there- after at the pleasure of the Governor. MICHIGAN No provisions for Michigan. - No. 193, Laws of 1917. Approved May No provisions for No proviaions for Michigan. Michigan. Tabulae Analysis of all State Budget Laws 337 of State Budget Laws — (Continued) V. Submission of budget and consoUdated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations ratified November 6, 1918. Legislature § 3. All appropriations - based upon the budget shall 1 be incorporated in a single - bill call«] the " general ap- propriation bill." The 9 Oovemor may ft'om time to § 2. The Governor shall recommend to the Legifi- latxu'e a budget within three weeks after the ses- sion convenes. § 4. Chap. 244. Laws of 1918. The Governor shall submit to the Legis- lature such supplemental data with reference to the budget as he may deem expedient, and dur- ing the session he may submit supplemental messages on recom- mendations relative to appropriations, revenues or loans. time recommend to the Leg- islature supplementary budgets, meets annually § 3. The Legislature may increase, decrease, add or omit items in the budget. It may provide for its sal- aries, mileage and expenses and for necessary expendi- tures in anticipation of ap^ propriations, but before final action on the *' general appropriation bill " it shall not enact any other appro- priation bill except on recommendation of the Governor. § 4. After final action on the general appropriation bill or on recommendation of the Governor, special ap- propriation bills may be enacted. Such bills shall provide specific means for defraying the appropria- tions therein contained. § 5. The Governor may disapprove or reduce items or parts of items in any bill appropriating money. (Pro- visions for veto by the Gov- ernor of items of appropri- ation bills are included.) No provisions for Massa- chusetts. 10, 1917. Legislature meets biennially. . NoproviaionaforMich- No provisions for Mich- No provisions for Mich- No provisions for Mioh-1 No provisions for Mich- 'gan. igan. igan. igan . igan. 338 Repoet of EECONSTEUCTioiir Commission Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget Governor.. . § 2. Every spending agency shall prepare estimates and submit them to the Governor. § 6. The Governor may direct form of estimates to be used. § 7. Estimates shall show; (1) Name of item; (2) citation of stat- utes; (3) current appropriations; (4) actual and anticipated expentUtures; (5) amounts needed; (6) explanations of increase or decrease; (7) revenues of spending agency. Divisions of budget classification: (1) salaries; (2) permanent improve- ments and equipments; (3) all other expenses. MINNESOTA — Chapter 356, Laws of 1915, approved §§ Sand 4. Esti' mates of subordinate officers shall be re- viewed by superior officers and shall be submitted to the Governor not later than December lat § 5. The Governor shall, not later than December 31st, re- view and revise all estimates, excent those of the Judi- ciary, Legislature, State University and State Militia. He is assisted by the chief executive officers. § 5. The Governor shall prepare the budget and shall have sufficient num- ber of copies printed for the members of the Legislature and chief executive officers. § 6. The " Budget ■' shall mean a summary of the complete estimates of the entu-e State Governme.nt and a schedule of appropriations and esti- mated tax levies, showing: (1) Expenditures for current bien- nium; (2) funds available for appro- priations; (3) amounts needed during each year ensuing biennium for the different State agencies; (4) antici- pated revenues; (5) other informa- tion. Governor., § 1. The Governor shall require the proper authorities of all agencies ex- pending money from the State to submit to him, at least forty daj^ before the convening of the Legisla- ture, detailed estimates of proposed expenditures for the biennial period, together with explanations and changes as compared with previous appropriations. The estimates shall show in parallel columns: (1) Name of items; (2) appropriation for each year of current biennium; (3) appro- priation for each oi two preceding years; (4) explanation of any in- crease; (5) estimated revenues; (6) amount of money actually spent dur- ing the preceding biennial period, § 2. The Auditor of Public Ac- counts shall furnish the Governor a statement of the income from all sources and disbursements for all purposes for each of the two preced- ing years, together with a statement of the bonded and other indebted- ness of the State, with dates of ma- turity and other data necessary to show the true condition of the State's finances. MISSISSIPPI — Chapter 225, Laws of 1918; approved • § 2. The Governor, after the estimates have been submitted to him, shall confer with the officers of the various spending agencies and shall thereafter revise the estimates in his dis- cretion. § 2. The Governor, shall prepare the budget and may have it printed at the expense of the State's general print- ing fund. § 3. The budget shall be properly sunmiarized and shall give the com- parative estimates for the succeeding biennial period compared with the preceding biennial periods; also the amounts which he recommends com- pared with the amounts requested and amounts appropriated for pre^ ceding biennial period, together with reasons for all recommendations and other important matters. State Board of Ex- aminere. Conroosed of Governor, Secre- tary of State and Attorney-General. MONTANA — H. B. No. 364, Laws of 1919, 2 and 9. Each agency requiring an appropriation from the State shaU present estimates to the State Board of Examiners by November 15th of the even years. § 3. Estimates shall be made by the heads or responsible officers of spending agencies, except estimates for the Judiciary shall be made by the clerk of the Supreme Court under the direction of a chief justice. § 4. Estimate forms shall be fur- nished by the Auditor as approved by the State Board of Examiners. § 4. The State Board of Examiners shall proceed, upon receipt of the esti- mates, to examine them for the purpose of determining the necessity of the ap- propriations so quested. pare two budgets, one for each of the ensuing fiscal years. MISSOURI. Legislature meets biennially §§ 4, 5, and 6. The § 5. Each budget shall be dividef^ State Board of Ex- into two parts: aminers shall pre- L " Governmental Appropria- tions," including estimates of appro- priations for: (1) General Assembly, (2) Executive Department, (3) Judi- cial Department, (4) to pay and discharge the principal and interest of State debt, (5) salaries payable by State under Constitution and Laws, (6) public schools, (7) other purposes set forth in the Constitution. IL " General Appropriations," including all other estimates. Each budget shall contain a complete plan of proposed expenditures and esti- mated revenues for the particular year to which it relates and sh&ti show the estimated surplus or defidt of revenues at the end of such year. An accompanying statement shiJ) show: (1) The revenues and expendi- tures for each of two fiscal years next preceding, (2) balance sheet, (3) debts and funds, (4) explaoationa by the Board of £^miners. Tabular Analysis of all State Budget Laws 339 of State Budget Laws — (Cmtinued) V. Subtoission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIH. Supplementary appropriation bills IX. Expenditure and control of appropriations April 24, 1915. Legislature meets biennially. § 5. The Governor shall lay the budget before each branch of the Legis- lature, not later than February 1st. No provisions for Minne- sota. No provisions for Minne- sota. No provisions for Minne- sota. § 8 and 0. Each depart- ment shall immediately, upon an appropriation for its support being made, pro- ceed to aUot the sum so granted for the purposes set forth in the Budget, This allotment may subsiequent- ly^ be changed, but the original allotment and all sut^equent changes must be reported to the auditor, who keeps his accoimts of expenditures by such heads. No provisions for Missis- sippi. March 27, 1918. L^islature meets biennially. § 2. The budget shall be mailed by the Gov- ernor to each member of the L^Iature, ten days prior to the convening of the session, and shall also be presented to the Legis- lature by the Governor on the first day of the ses- sion. The Governor shall also make public before the first day of the session the total amount of ap- propriations included in the budget, the total amount of appropriations for the preceding two year period, the amount of net increase, and the amount of the aggregate taxes and income of the State compared with the appropriations of each year of the preceding biennial period. No provisions for Missis- sippi. No provisions for Missis- sippi. (No budget law.) (Compare with Mai §§ 5 and 6. By the tenth day of each session the Board of Examiners shall deliver to the pre- siding officer of each house of the Legislature, the budgets for all the proposed appropriations, clearly itemized and clas- sified. S 10. The State Board of Examiners shall have the budget printed for distribution to the mem- bers of the Legislature and to all State agencies. riyland Budget Amendment and Virginia Budget Law.) No provisions for sippi. § 6. The presiding officer] § 6. The general appro^ of each house shall prompt- priation bill for the main- ly refer the budgets to thejtenance of the State gov- proper committees. § 7. The State Board of Examiners and representa- tives of spending agencies shall have the right, and when requested b^ either house of the Legislature, shall appear and be heard or answer questions with to appropriation bills. ernment shall be based on the budget, and the Le^s- lature may amend by in- creasing or diminishing the items therein, except as it affects either the obliga- tions of the State, or [}ay- ment of salaries required under the Constitution and Laws. § 8. The Legislature shall not consider other appro- priations until the general appropriation bill or bud- get bill has been finally acted upon. § 9. If the general appro- priation bill has not been &aaX]y acted upon before the thirtieth day of the legislative session, it shall then be conddered to the exclusion of all other bills until finally acted upon. § 8. Eveiy supplemen- tary appropriation (1) shall be embodied in a separate bill limited to a single pur- pose; (2) shall not become a law unless passed by a two- thirds vote of all members of the Legislature. § 9. Each member of the Legislature introducing a supplementary appropria- tion bill shall have the clerk transmit a copy to the State Board of Ex- aminers which shall make recommendations and sug- g^tions in connection with such appropriation and transmit the same to the committee to which the bill has been referred within five days from receipt thereof. No provision Montana. for 340 Report of EECONSTRUOTioiir Commission" Chapter 3 — Comparative Tabulation RespoDBibility for initiation of budget I. Preparation and filing of estimates 11. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget Governor. , NEBRASKA — Civil Administrative Code, Title II, Article II, Laws of 1919. § 1. Secretary of Finance, by Sep- tember 15th of the even numbered years, shall distribute to all spending agencies estimate forms, such as he may prescribe. He shall procure information of revenues and expendi- tures for the two preceding fiscal years, the appropriations of the pre- vious Legislature, the expenditures therefrom, encumbrances thereon, amounts unencumbered and unex- pended, and estimates of revenues and amounts needed by spending agencies for the two years next suc- ding. Each spending agency shall by November Ist file estimates and other information with the Secretary of Finance. § I. The Secretary of Finance may ap- prove, disapprove or alter the estimates. He shall by Febru- ary Ist following the election of the Gov- ernor submit to the Governor in writing his estimates of rev- enues and appropria- tions for the next biennium. § 2. The Governor shall submit to the Legislature a budget for the biennial period. § 2. The budget shall contain the amounts recommended by the Gov- ernor to be appropriated to the sev- eral spending agencies, the estunated revenues from taxation and from sources other than taxation, and the estimated amount to be raised by taxation. Together with the bud- get, the Governor shall transmit the estimates of receipts and expeniU- tiires, as received by the Secretary of Finance from the elective officers in the Executive and Judidary Depart- ments and from the University of Nebraska. NEVADA — Chapter 45, Laws of 1919; approved March 10, 1919. Legislature § 1. Estimates required of all spending agencies in such form and at such tune as the Governor may prescribe. Estimates of legislative needs are certified to by the Speaker of each house. Governor receives estimates. § 1. Governor may review by public hearings and revise all estimates except those of the Legisla- ture, those providing for public debt obli- gations, and those covering salaries and expenditures speci- fied in the Constitu- tion and Laws. § 1. Governor shall prepare a budget, the total proposed expenditures of which shall not ex- ceed the estimated revenues of the State. § 1. The budget shall embrace and itemize estimates of approi)riations for the Legislature, Executive De- partment, Judiciary Department, to pay principal and interest on State debt, salaries payable by State under Constitution and Laws, and for all other purposes. The budget shall contain a com- plete plan of proposed expenditures and estimated revenues. An ac- companying statement shall show revenues and expenditures for last two years, complete l)alance sheet, debts and funds, estimate of State's financial condition at the ends of the fiscal years covered by budget, and explanation by the Governor. Governor. , § 1. All spending agencies shall file with the S^te Treasurer h^ October 1st of the even years, estimates in detail of the amounts needed for the next two fiscal years. § 2. The State Treasurer shall by December 1st, send to the Governor-elect and to the chairman of the Committee on Appropriations of the House of the in- coming Legislature, one copy each of all ffltimates. § 3. The Gov- ernor-elect shall in- vestigate the esti- mates submitted and may call for addi- tional information from the spending agencies. NEW HAMPSHIRE — Act approved March No provisions for New Hampshire. § 4. The Gov- ernor-elect shall make recommend tions on the esti- mates. Tabulae Analysis of all State Budget Laws 341 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations Legislature meets biennially. (Compare with budget laws of Illinois and Idaho.) § 2. The Governor shall No provisiona for Ne- submit the budget to the braaka. Legislature not later than March Ist. No provisions For Ne- braska. No* provisions for braska. Ne- § 3. Each spend in gency, before an appro priation becomes available for eiqpenditure, shall pre- pare and submit to the Department of Finance an estimate of the amount re- quired for each activity to be carried on and the ac- counts shall be kept and reports rendered showing the expenditures for each such purpose. meets biennially. (Compare with Budget Law of Utah and Maryland Budget Amendment.) §1. The Governor shall § 1. The budget bill, or § 1. The Legislature may § 1. Every supplemen- No provision for Nevada deliver the budget and a biU of proposed appro- priations, clearly item- ized and classified, to the presiding officer of each house within twenty days after the convening of the Legislature. § 1. The budget bill, or appropriation bill, must be introduced immediately upon receipt. The Gov- ernor may amend or supple- ment the bill while in the Legislature. § 1. The Legislature may not alter the bucket bill except to strike out or re- duce items, provided that public debt obligations shall not be reduced or .elimi- nated, and salaries of public officers shall not be reduced during term of office. Neither house shall con- sider other appropriations, except for emergencies or the imme(£ate expense of the Legislature, until the budget bill has been finally acted upon. § 1. Every supplemen- tary appropriation shall be emboc^ed in a separate bill, limited to a single purpose stated thereon, and shall not be valid if it exceeds the amounts available in the State treasury, except it provides the revenue necessary to pay the ap- propriation. 28, 1919, Legislature meets biennially. § 4. The Governor- elect, either at the time of his inauguration or as soon thereafter as practi- cable, shall make recom- mendations on the esti- mates to the Legislature. § 4. The Governor's recommendations shall be referred to the Committee on Appropriations. § 0. The Appropriation Committee shall report to the Legislature one appro- priation bill, unless the Governor requests that appropriations be made in separate bills. No provisions for New Hampshke. No provisions for New Hampsbre. No provisioos for New Hampshire. 342 Eepoet of Reconstruction Commission Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates II. Review and revision of estimates m. Preparation of budget IV. Form and contents of budget Governor. . NEW JERSEY — Chapter 15, Laws of 1916, in effect .§ 2, 3, i, 5, 6. Estimates pre- pared by all spending agencies on prescribed blanks, giving itemized lists and trial balance, and presented to the Governor on October 15th. (As amended by chapters 221 and 144, Laws of 1918.) Rules 1 to 8, appended to law, contain a budget c^sification and prescribe the form of the estimate sheets in detail. § 5. Each estimate must be sworn to by the administrative head or other designated officer of spending agency making the same. § 7. Estimated revenues furnished Governor by Comptroller and Treas- urer jointly. §8. Governor shall review all esti- mates and deter- mine necessity of appropriations. § 9. He may con- duct hearings, sum- mon witnesses, and make investii^ationB. For this purpose he is allowed to name two special assis- tants and to call upon administrative officers. §§ 8, 10, U. Gov- ernor shall prepare a summary of the estimates and make recommen d a t i o n s thereon, the total of which shall not ex- ceed the anticipated revenues of the State. § 8. The budget shall be in the form of a separate message to the Legislature, containing a summary of the estimates and reports with reconunendations thereon. § 10. Budget message shall be in easily understood form. Governor., NEW MEXICO — S. B. No. 101, Laws 1919, § 1. All spending agencies, except the Legislature and Judicial Depart- ment, shall prepare and submit to the Governor by December 15th of the even years, estimates of their required appropriations. The esti- mates sliall be itemized and in such form as the Governor may require, Estimates of Legislature, certified by the presiding officer of each house, and of Judicial Department, certified by clerk of the Supreme Court of the State, shall be trans- mitted to the Governor within five days after the convening of the Legislature. § 4. The State Treasurer or any other officer is hereby required to furnish such information and assis- tance as the Governor shall require. § 1. Governor may review by pub- lic hearings all esti- mates. He may re- vise all estimates, except the estimates of the Legislature and Judicial Depart- ment and he may make recommenda- tions for changes In repealing Chapter 81 and Chapter 114, Laws § 2. The budget shall contain a detailed statement of all anticipated revenues and a complete plan of proposed expenditures for the ensu- ing biennial. It shall contain the estimates of all spending agencies as revised and certified. It shall set forth measures of taxation, if any, which the Governor may propose. Accompanying statements shall show a current balance sheet of the State and a comparison of the finan- cial condition with the previous biennial period, actual revenues and expenditures in detail for the pre- ceding biennium, and such other information as may be necessary. The budget shall be in such form as to be readily analyzed and under- stood. §2. Governor shall prepare a bud- get and shall submit it to the Legislature. § 4. In the prepa- ration of the budget it shall be the duty of the Traveling Auditor to prepare the necessary forms and collect all the data that may be required by the Governor and State Auditor. Tabulab Analysis of all State Budget Laws f of State Budget Laws — (Continued) 343 V. SubrDiHsion of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VIL Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations October 1, 1916. Legislature meets biennially. § 9. Governor shall submit his budget to the Legislature on second Tuesday of January. § 10. Budget given such publicity as is deemed wise. § 12. The Governor may transmit special messages to the Legis- lature requesting addi- tional appropriations after budget has been submitted. No provisions for New Jersey. No provisions for Jersey. New 13. It is the intent of the budget law that there shall be no supplemental, deficiency or incidental § 13. No money shall be drawn from the State treasury except by the gen- eral appropriation act. § 15. Provides for trans- fers within appropriation of any organization unit by application to the State House Commission, com- posed of the Governor, Comptroller and Treasurer. (As amended by chapter 290, Laws of 1918.) § 16. Governor has the power to investigate the revenues and income of spending agencies, which is not derived directly from the State treasury. of 1917. § 2. Governor shall submit the budget to the L^slature by the fifth day of the regular ses- sion. § 2. The budget shall be printed and copies furnished to the L^is- lature and State Auditor and given such other publicity as the Gover- nor may deem proper. Legislature meets biennially. „ 3. Immediately upon submission of the budget the presiding officer of each house shall refer same to the appropriate committee for its consideration in drawing the necessary ap- propriation bill or bills. § 2. Prior to final action thereon the budget may be amended or supplemented. § 3. During the consid- eration of any appropria- tion bill the Governor and heads of all departments, institutions, and agencies of the State concerned may be heard by the Legisla- ture. §3. The Legislature shall not consider any appropri- ation until the budget shall have been submitted by the Governor (Compare with Maryland Budget Amendment). No provisions for New Mexico. No provisions for New Mexico. No provisions for New Mexico. 344 Kepoet of Eeconstructioi!^ CoMMissioiq' ' Chapter 3 — Comparative Tabulation ReapoDsibility for initiation of budget H. Review and revision of III. Preparation of budget IV. Fonn and contents of budget NEW YORK Joint L$gulaHte Budget Committee. — Gompoaed of mem- bo's of Senate Fi- nance and Assembly Ways and Means Committees. (The Chairman of each Committee appoints a clerk, a stenog- rapher and an ac- countant to assist the Committees, The Committees continue during re- cess of the Legis- lature.) S 30, Bubsec. 8. The State spending agencies shall through their proper officers or deputies furnish such data, information or statements as may be necessary for carrying into effect the provisions of this article. State Fi- nance Law, S§ 48-49 (Chap. 149. Laws of 1910). By November 15th of each year all State spending agen- cies shall file with the Comptroller a detailed statement of all requests for appropriations to be made at the neit legislative session. State Fi- nance Law, S 4, Subsec. 6 (Chap. 118, Laws of 1916). The Comp- troUer shall prepare a report of ex- penditures for the first six months of the fiscal year. Legislative Law, Sectione 26 to 32 (Chapter 130, S 29. The chairman § 31. The Sen- of the Joint Legislative ate Finance Com- Budget Committee mjttee and the may name sub-oommit- tees to perform such duties as they may pre- scribe in gathering in- formation relating to the financial needs of the several Statespend- ing agencies. S 30. The clerks of the Joint Legislative Budget Committee shall (1) compile in- formation and financial data relating to the State spending agen- cies; (2) prepare tables of appropriations pre- viously made ■ by the L^islature for the use of the Joint Budget Committee; (3) pro- cure BtatisticB relating to the revenues of the State; (4) make a rec- ord of all information n d correspondence concerning the budget; (5) investigate and re- port on requests for ap- propriations; (6) aid the Committee and the Legislature in making investigations pertain- ing to expenditure of State funds; (7) assist in the preparation of the annual budget; (8) have access to the ofi3ces of all sjpending agencies for the pur- pose of obtaining in- formation as to their operation and their fi- nancial needs. State Finance Law, fi§ 48-49 (Chap. 149, Laws of 1910). The Comptroller shall tabu- late the estimates to- gether with itemized statement of the actual expenditures made dur- ing the preceding year, the appropnations made for the preceding year, the appropria- tions desired for the coming year and the estimated income of the State. Aasembly i Ways and Means Com- mittee, acting jointly or separ- ately shall annu- sily prepare a bud- get. (In practice they act jointly). f 31. The budget shall specify the umt of organisation under whose control or supervision the moneys appropriated shall be expended and the purpose for which appropriations are made. It shall contam a detailed estimate of the protxsble revenues of the State and an estimate of the amounts which it shall be necesaaiy to raise by direct tax; abo a state- ment containing such information as the committees may deem advisable to submit. Tabtilab Analysis of all State Btibget Laws 345 of State Budget Laws — (Continued) v. Submission of budget And consolidated appropriation bill to Leg^ature VI. Budgetary procedure in Le^^ature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations Laws of 1916) Approved April 5, 1916, State Finance Law, § 32. The appropriation §1 4M9 (Chap. 149, bill when reported, shall be '; referred to the committee of - the whole of the Senate and I advanced to the order of ) second reading in the As- - sembly, and shall thus re- - main five full legislative r days on each of which it r shall be the special order of the day. While the bill is r being thus considered the > head ofany spending agency ; may, and upon request by ; the majority vote of either ■ house, shall appear and 3 shall be heard and answer - questions pertaining to the I bill. All meetings of either . house for the consideration ; of the appropriation bill r shall be open to the public. Uws of 1910): The Comptroller shall trans- mit the consolidated tabulation of estimates to the Governor by Decem- ber 15th and to the Legis- lature on the 6pening day of the session (in January of each year). § 26. The Governor shall annually within one week after the convening of the Legislature submit to the Senate and Assem- bly a statement of the total amount of appro- priations desired by each State spending agency, and may at the same time make such suggestions for reductions or additions thereto as he deem' proper. As a part of such statement he may also submit an estimate of the probable revenues of the State. State Finance Law, § 4, Subsec. 6 (Chap, 118. Laws of 1916). The ■ Comptroller shall present to the Legislature by February 1st of each year a report of expenditures for the first six months of the current fiscal year. , S$ 31-32. The Le^sla- tive Budget Committee shall, not later than March 15th, present to their respective houses mth the budget a single ImII providing the appro- priations contained in the budget. Legislature meets § 32, While the appro- priation bill is before the committee of the whole of the Senate or on the order of second reading of the House it may be amended by introducing additional iteins or by increasing, re- ducing or eliminating the items; but on third reading no amendment except to re- duce or eliminate an item shall be in order except by unanimous consent. When advanced to the order of third reading in either house the appropriation bill shall be a special order of the dav for at least three full legislative days. annually. No provisions for New York. No provisions for New York. 346 EePOET of EeCONSTEUCTIOIS" CoMMISSIOIf Chapter 3 — Comparative Tabulation Responsibility for initiatioD of I. Preparation and filing of estimates n. Review and revision of estimates ni. Preparation of budget IV. Form and contents of budget (No one is r^pons- ible for the initiation of a budget, but the Legislative ^fer- ence Librarian authorized to receive and compile esti- mates.) § 1. Not less than sixty days before the beginning of the regular session of the General Assembly, the Legis- lative Reference Librarian shall send estimate forms to the responsible officers of all agencies receiving sup- port from the State Treasury. Esti- mates must be filed with the Legisb- tive Reference Librarian not less than thirty days before the opening of the legislative session. They must itemize the amounts of money which have been expended during the two preceding years ending June 30th, also the amounts required for the two yearB next ensuing. The items of the estimates shaU be classified as follows: (1) Salaries; (2) fees and wages; (3) supplies; (4) equipment; (5) land; (6) permanent improvements; (7) other subdivisions necessary to show a detailed account of expenditures. NORTH CAROLINA — Chapter 180, Laws of 1917; No provisions for North Carolina § 2. The Legislative Reference Librarian shall tabulate the esti- mates so that a com- parative study may be made of previous ex- penditures and appro- priations requested. He shall publish same in pamphlet form and dis- tribute one copy each to the various spending agencies and to the members-elect of the General Assembly. No provisions for North Caro- lina. State Budget Board. — Composed of Gov- ernor as chairman, State Auditor as Sec- retary, Attorney General and Chair- men of Senate and House Appropria- tions Committee of preceding Legii tuie. (Board may employ necessary ac- countants, clerks and stenographers.) § 3. The State Auditor, not later than August 1st of each even year, shaU provide estimate blanks. Heads of spending agencies, not later than October Ist, shall submit estimates of requirements to Auditor, with statements and data necessary to eaplain fully the need and purpose of each request. § 4. The Auditor, at the meeting of the Budget Board on the third Tuesday in No- vember, shall transmit the estimates of appro- priations filed in his office. The Board shall thereupon exam- ine such estimates, giv- ing reasonable oppor- tunity for Qcplanations, and holding public hearings whenever re- quested or upon its own initiative. The minutes shall be open to public inspection. If considered advisable the Board or any mem- ber thereof may visit any agency requesting an appropriation for the purpose of exami- nation and investiga- tion. NORTH DAKOTA - § 4. The State Budget Board shall prepare esti- mates for the State budget. ■ Chapter 61, Laws of 1915; § 4. The estimates for % State budget shall include the amounts required for the maintenance of the State government for the ensuing bi- ennium with such reconuuendations, reasons and explanations as may be § 6. The estimates shall present requirements for interest and sinking fund charges upon the basis of de- tailed statements which the Auditor is required to furnish. . § 6. There shall be included an estimate of revenues with such rec- ommendations as to the disposition thereof as may be thought advisable; and a statement of unexpended (fi- ances in appropriation accounts with such recommendations regarding the disposition thereof as the Board may deem proper. Governor. . 5 1. Every spending agency shall prepare estimates and submit them to Governor on or before November 15th in the even years. § 2. The Auditor of the State shall submit a report to the Governor on or before November 16th, in the even years, showing: (1) Balance to the credit of the several spending agencies; (2) monthly revenues and expenditures; (3) annual revenues and expenditures for last four fiscal years; (4) monthly average of expenditures. § 4. Governor may review estimates. § 3. Every State of- ficer shall furnish any information desired by the Governor. 5. The Governor may appoint compe- tent persons to exam- ine into affairs of var- ious State agencies. He may summon wit- nesses and make ex- aminations. OHIO — S. B. No. 127, Laws of 1913; approved. No provisions for Ohio. (In practice the budget is prepared by a Budget Com- missioner.) Tabulae Aitaxtsis of all State Budget Laws 347 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VL Budgetary procedure in Legislature VIL Legislative action on consolidated appropriation bill Vin. Supplementary appropriation bills IX. Expenditures and control of appropriations approved March 6, 1917. Legislature meets biennially. Noprovisions for North No provisions for North No provisions for North No provisions for North No provisions for North Carolina. Carolina. Carolina. Carolina. Carolina. approved March 3, 1915. Legislatiire meets biennially. § 4. The State Budget Board shall submit to the Legislature, not later than the ^ tenth day of the session, the estimates for a State budget, accom- panied by the estimates filed with the Auditor, or copies of the same. No provisions for North Dakota. No provisions for North Dakota. No provisions for North Dakot^. No provisions for North Dakota. May 6, 1913. Legislature meets biennially. § 4. Governor shall submit the budget to the General Assembly at the b^^ning of its session. No provision for Ohio.. No provision for Ohio. . No provision for Ohio. , The Emergency Board consisting of the Governor, Auditor of State, Attorney- General and Chairman of the Legislative Finance Committees shall, in case of an emergency requiring the expenditure of a greater amount than has been ap- propriated by the Legisla- ture for a spending agency, upon application by such spending agency, authorize the expenditure of money not specifically provided for by law. (Gen. Code 1910, Title VIII, Ch. 1, Sees. 2312, 2313.) 348 Keport op Reconsteuction Commission- Chapter 3 — Comparative Tabulation for ioitiatioD of ^budget I. Preparation and filing of estimates 11. Review and revision of III. Preparation of budget IV. Form and contents of budget Governor. . Governor.. OKLAHOMA — House Bill No. 88 § 1. Estimates shall be made by all spending agencies upon official esti- mate blanks and submitted to the Governor by November lat of the even years. Estimate blanks fur- nished by Governor shall be uniform and shall cleart/ designate the infor- mation desired. Estimates are re- quired in itemized form showing amount needed for each year of en- eneuing financial period, beginning July Ist. J 2. State Auditor shall fm-nish Governor by December Ist, estimates of legislative needs, certified by pre- siding officer of each House, also es- timates of Judiciary, as provided by law, both of which shall be itemized in accordance with the Governor's budget classification. § 3. State Auditor shall, on No- vember 1st, furnish Governor with (1) statement of balance to credit of each spending agency at end of last preceding appropriation year; (2) statement of monthly expenditures and revenues from each appropria- tion account during last preceding appropriation year; (3) statement of annual expenditures in each appro- priation account and revenues from all sources for each of last two ap- propriation years; (4) complete bal- ance sheet for preceding fiscal year ending June 30th; (5) other state- ments required by Governor. § 4. Governor may require additional in- formation from spend- ing agencies which is not contained in esti- mates. 5. Governor shall during November pro- vide public hearings for review of all esti- _§ 6 and 11. Gover- nor and his assistants by December Ist, bi-en- nially, must have com- pleted a careful survey of all spending agen- cies^ which shall be a is for his recom- mendations. § 2. Governor may revise all estimates ex- cept those of the Legis- lature and the Judic- iary. § 7. Governor shall prepare s budget for the bi- ennial period. §§ l,4and5. All spending agencies shall by November 15th of even years file with the Secretary of Slate estimates of their required appropri- ations, together with estimates of their probable revenues properly classified and with appropriate sum- maries as prescribed by the Secretary of State. § 2. The estimates shall be classi- fied as follows: (1) Current ex- penditures, including salaries and wages, subdivided to show number employed and compensation, pro- posed increases, decreases and new positions; (2) permanent improve- ments, as new buildings; (3) all other expenditures as replacements, re- pairs, material and supplies; (4) contingencies. § 3. A statement of alJ claims which require action by the Legisla- ture shall be filpd with the Secretary of State in the same manner as the estimates. § 8. All estimates, reports and statements shall be public recordsj § 7. By December I5th the Secre- tary of State shall make a tabulation of the estimates for the Governor and the Legislature. The tabulation shall show the sev- eral amounts requested, together with a brief description of these amounts and reasons therefor in detail for each spending agency. Accompanying the tabulation shall be a table of comparative data, and estimates of income, together with such explanations as may be neces- sary. § 6. The Secretary of State may require from all spending agencies such additional infor- mation as may neces- sary for the compila^ tion of the estimates. , Laws of 1919; approved March 18, 1919 § 7. The budget shall contain an itemized plan of all proposed expend- itures for each state agency, classified by function, character and object, also estimated revenues and borrow- ings for each year of the ensuing bi- ennial period. Opposite each item of proposed expenditures, the budget shall show in parallel columns, the amounts appropriated for each of the last two preceding appropriation years, and the increase or decrease. Accompanying the budget diall be (1) a statement of revenues and ex- penditures for each of the two pre- ceding appropriation years, (2) a current balance statement, (3) a debt and fund statement, (4) a statement of condition of the Treasury at the beginning and end of the two appro- priation years covered by the bui^et, (5) a balance sheet for the State at close of last preceding fiscal year ending June 30th, (6) a general sur- vey of the State's financial and natural resources with a review of its general economic, industrial and commercial condition. OREGON — Chapter 284, Laws of § 7. The Gover- nor shall make rec- ommendations on the estimates. No provisions for Oregon. Tabular Analysis of all State Budget Laws 349 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legi^ature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditures and control of apttropriationa Legislature meets biennially. §§ 7 and 8. The Gover- nor shall submit to the presiding officer of each House, withm five days after the beginning of the Legislative session, printed copies of the budget and copies of a tentative appropriation bill, clearly itemized and properly classified, for each of the ensuing fiscal years. § 9. Standing Appropria- tion Committees of the Legislature must begin within five days after the receipt of the budget to hold joint and open sessions on This joint commit- tee may require representa- tives of spending agencies to appear before it and give information. It may also admit and hear all persons interested in the estimates. The Governor, or his repre- sentative, and the Gover- nor-elect have the right to sit at these public hearings and to be heard. (Compare with Budget Law of Virginia.) § 10. All appropriation bills originating in the Leg- islature must conform to the budget classification. § 10. The Legislature may increase or decrease items in the budget bill. Further and special appropriations except in the case of an emergency can be made only after the budget bill has been finally acted upon. No provisions for Okla- homa. 1913. Legislature meets biennially. § 7. The Governor at No provisions for Oregon, the be^nning of the legislative session shall transmit the tabulation of ratimates to the mem- bers of the Legislature with such recommenda- tions as he may deem proper. He may at any time call on the Secretary of State for further in- formation. No provisions for Oregon. . No provisions for Oregon No provisions for Oregon. 350 Report of Reconstruction Commission Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates II. Review and revision of III. Preparation of budget IV. Form and contents of budget Governor. . SOUTH CAROLINA § 1. Estimates shall be made by all spending agencies to the Governor upon official estimate blanks by November Ist, annually. Estimate blanks furnished by the Governor shall be uniform and clearly designate the information desired. Estimates are required in itemized form show- ing the amounts needed for the year beginning January 1st. § 2 The Comptroller General shall furnish the Governor by December lat estimates of General Assembly certified by the presiding officer of each house, also estimates of Judic- iary as provided by law, both of which shaU be itemized in accordance with the Governor's budget classifi- cation. § 3. The Comptroller General shall by November 1st furnish the Gov- ernor with (1) statement of balance to credit of each spending agency at end of last prececfing appropriation year; (2) statement of monthly ex- penditures and revenues from each appropriation account during last preceding appropriation year; C3) statement of annual expenditures and revenues from each appropriation ac- count for each of last two appropria- tion years; (4) complete balance sheet for preceding fiscal yeas; (5) other statements requested by Governor. 5. The Governor shall during November provide public hearings for review of all esti- mates and the Chair- men of the House Ways and Means Committee and of the Senate Fi- nance Committee shall ait with the Governor at such public hearings and join with him in all reports and recom- mendations thereon to the General A^embly. § 4. The Governor niay require additional information not con- tained in the estimates from spending agen- cies. „„ 6 and 10. The Governor and his as- sistants by November 1st of each year shall have completed a care- ful survey of all spend- ing agencies through which he shall be in possession of the work- ing knowledge upon which to base his rec- ommendations to the General Assembly. 2. The Governor may revise all e mates except those of the General Assembly and the Judiciary, but he may make recom- mendations on these. § 10. The Governor shall call upon the Tax Commission for any in- formation desired by him with reference to the estimates. PENNSYLVANIA — RHODE ISLAND - Laws of 1919, approved March 15, 1919. § 10. The Gov- § 7. The budget shall contam a emor shall be the complete anditemized plan of all pro- chief budget officer posed expenditures for each State of the State. agency, classified by function, char- § 7. The Gov- acter and object, also estimated emor shall prepare revenues and borrowings for the en- a budget, the rec- suing fiscal year, beginning with ommendations of January Ist. Opposite each item of which are based proposed expenditures the budget on his own conclu- shall show in separate parallel eol- and judg- unms the amoimt appropriated tor ment. the last preceding appropriation year, for the current appropriation year and the increase or decrease. Accompanying the budget shall be (1) a_ statement of revenues and ex- penditures for each of the two pre- ceding appropriation years; (2) a current balance statement; (3) a debt and fund statement; (4) a statement of condition of the Treasury at the beginning and end of the appropria- tion year covered by the budget; (5) a balance sheet for State at close of last preceding fiscal year; (6) a gen- eral survey of State's financial and natural resources with, a review of the general economic, industrial and commercial condition. SOUTH DAKOTA — Chapter 354, Laws of 1917, as amended by S. B. No, Stale Budget Board § 3. The State Auditor, not later ■ Composed of than August 1st of even years, shall Governor-elect as provide estimate blanks. Heads of spending agencies, not later than October 1st, shall submit estimates of requirements to Auditor, with statements and data necessary to ex- plain fully the needs and purpose of each request. Chairman, Auditor as Secretary, Chair- man of Tax Com- mission (appointed by Governor), the Chairmen of the Senate and House Appropriation Com- mittees of the pre- ceding legislature, and two members of the preceding legis- lature chosen by the Governor from the two houses. Board may employ expert accountants, clerks and stenographers, § 4. The Auditor at the meeting of the Bud- get Board on the third Tuesday in November, shall transmit the esti- mates of appropriar tions filed in his office. The Board shall there- upon examine such esti- mates, giving reason- able opportunity for explanations and hold- ing public hearings whenever requested or upon its own initiative. The minutes shall be open to public inspec- tion. If considered ad- visable the Board or any member thereof may visit any agency requesting an appro- priation for the pur- pose of examination and investigation. § 4. The Statei Budget Board shall prepare esti- mates for State budget. >. 139, Laws 1919; approved § 4. The estimates for a State bud- get shall include the amounts re- quired for the maintenance of the State government for the ensuing bi- ennium, with such recommendations, reasons and inspections as may be § 5. The estimates shall present re- quirements for interest and sinking fund charges upon the basis of reports wliich the Auditor is required to furnish. I 6. There shall be included an estimate of revenues with such recommendations as to the disposi- tion thereof as may be thought de- drable; and a statement of unex- pended appropriations and balances with such recommendationa as to the disposition thereof as the Board may appropriate. Tabtjiak Analysis of all State Budget Laws 351 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations (No Budget Law.) (No Budget Law.) Legislature meets annually. (Compare with Virginia Budget Law.) § 8. The standing appro- - priation committees of the § 7. The Governor shall submit to the pre- siding officer of each House within five days after the beginning of the le^ative session printed copies of the budget. Legislature shall begin with- in five days after the bud- get is submitted by the Gov- ernor to consider it in joint and open sessions. This joint committee may re- quire representatives of spending agencies to appear before the committee and give information and it may admit and hear all persons interested in the estimates. The Governor or his repre- sentatives and the Gover- nor-elect shall have the right to sit at these public hearings and to be heard. §10. The State Tax Com- mission shall be present at all hearings, before the joint committee of the Leg- islature acting on appropria- tions. § 9. The General Assem- bly may increase or de- crease items in the budget bill. bills originating in the Leg- islature must conform to the Governor's budget classification. § 9. All appropriation No provisions for Sout" Carolina. March 10, 1917. Legislature meets biennially. (Compare with Budget Law of North Dakota.) § 4. The State Budget Board shall submit to the Le^ature, not later than the fifteenth day of the Session, the estimates for a State budget, accom- panied by the estimates filed with the Auditor, or copies of the same. No provisions for North Dakota. No provisions for North Dakota. No provisions for North Dakota. No provisions for North Dakota. 352 Eeport of Eeconsteuction Commission ' Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget SUUe Budget Com- mission. — Composed of Governor as Chair- man, Comptroller, Treasurer, and Sec- retary of State (all elected by Legisla- ture) and Auditor (appointed by Gov- ernor). (Commission may provide neces- sary clerical assist- ants.) § 2. Each agency receiving State moneys except educational boards and institutions shall file estimates with the Commission not later than December first of even years. These estimates shall show in detail the amounts required for maintenance, extensions or improvements and the probable revenues from all sources during the ensuing bienniimi; also the revenues and^ expenditures for the current biennial period; all ar- ranged as the Commission may pre- scribe. § 3. The Comptroller, by Decem- ber 1st biennially, shall furnish the Governor (1) a statement of balance to credit of each spending agency, except educational boards and insti- tutions, at the end of the last fiscal year; (2) a statement of the monthly expenditures and revenues from each appropriation account during the last fiscal year; (3) a statement of annual expenditures and revenues of each appropriation account for each of last two fiscal years; (4) a state- ment showing the monthly average of expenditures from each appropria- tion account for last fiscal year. § 14. All persons having claims against the State, which require leg- islative action, shall file statements with the Comptroller showing the amounts and the facts on which they are based. TENNESSEE —Chapter 139, Laws of 1917; appoved § 4. The Com- mission shall com- pile a tentative budget and pre- pare comparative summaries show- ing revenues and expenditures, rea- sons for increases or decreases, defi- nitions of func- tions and any sug- § 4. The Commission is required to make bi- ennial and field survey of State agencies which must be completed by October 1st. § 9. The Clommission is authorized to reqiiire information from all spending agencies and to conduct examina- tions without notice and to compel the at- tendance and testi- mony of witnesses and the production of books and papers. § 5. The Commission shall hold public hear- ings on estimates and may require the at- tendance of State offi- cers and employees, who shall have the right to be heard upon their estimates. The Commission shall iu' vite the Governor-elect and the members of the Legislature to sit with it at hearings on the estimates. It shall furnish all the reports to the Governor-elect. The Commission may revise the estimates ac- cording to its judg- ment. §6. The budget shall include, in addition to the estimates of the var- ious spending agencies for the ensu- ing biennium, an estimate for emer- gency purposes. It shall be accom- panied by the original estimates sub- mitted to the Commission and the financial statement received by the Comptroller in forms suitable for comparison. gestions designed to improve effi- ciency of service. Governor,. UTAH — Chapter 15, Laws 1917, in effect § 1. Governor S 1, Estimates are reouired of all spending agencies in such form and at such times as the Governor may prescribe. Estimate of Legislative needs are certified to by the speaker of each house. Governor receives all estimates. § 1. Governor may review by public hear- ings all estimates and may revise all esti' mates except those of the Legislature, those providing for public debt obligations and those covering salaries and expenditures speci- fied in the constitution and laws. shall prepare budget, the total proposed expendi- tures of which shall not exceed the estimated rev- enues of the State. TEXAS — (No May 8, 1917. Legislature § 1. Budget shall embrace item ized estimates of appropriations for the Legislature, Executive Depart- ment, Judiciary Department, pay principal and interest of State debt, salaries payable by State under con- stitution and laws, and for all other purposes. S 1. Budget shall contain a com- plete plan of proposed expenditures and estimated revenues. An accom- panying statement shall show rev- enues and e]q>enditureB for past two years, complete iralanoe sheet, debts and funds, estimate of State's finan- cial condition at the ends of the fiscal years covered by the budget, and explanations by the Governor. Tabulae Ai!talysis of all State Budget Laws 353 of State Budget Laws — (Continued) V. Submission of budget and consolidated appropriation bill to Legislature VT. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX, Expenditure and control of appropriations April 6, 1917. Legislature meets biennially. § 6. The Governor, as chairman of the Commis- eion, shall transicit a budget to the Legislature upon its convening ii regular session fin Janu- ary of odd years). He may submit such recom- mendations as to appro- priations as he may deem proper, § 5. A printed copy of the budget shall be fur- nished to each member of the Legislature, not later than January 15th. The Budget Com- mission, before the final action by the Legislature, may amend or supplement the budget. " 10. The committees of the Legislature having charge of appropriation measures, shall consider the budget in joint public ses- sions, at which all inter- ested parties, including representatives of the press and of citizen organizations may appear and be heard. At these public hearings the Budget Commission shall have the right to sit and to be heard on all mat- ters coming before the joint committee, No provisions for Ten- nessee. No provisions for Ten- § 6. The appropriations for emergency purposes shall be expended tinder the supervision of the Bud- get Commission, who shall certify to the Treasurer and Comptroller all emer- gency claims. § 7. No money shall be drawn from any fund in the State treasury in excess of the amount appropriated to a spending agency by the Legislature. § 8. Transfer of appro- priations may be made by application to the Budget Commission on the part of the spending agency. Lll. All unexpended noes at the end of each biennium shall be reappro- priated for the period of one month after June 30th and the unexpended bal- ance thereof shall, at the end of such time, revert to the State treasury. AH revenue received by State agencies shall be paid into the State treasury by the first Monday of each month and a detailed state- ment filed with the State Auditor. §12. The fiscal year shall begin on July 1st and end on June 30th of the suc- ceeding year. § 13. Every State spend- ing agency, except educa- tional boards and institu- tions shall keep books showing in detaD all re- ceipts and disbursements and shall keep on file a duplicate of every voucher certified for payment by the Comptroller. Budget Law). meets biennially. § 1. The Governor shall deliver the budget and a bill of proposed aplffopriaiions, clearly itemized and cla to the presiding officer of each house within twenty days after the convening of the Legislature. (Compare with Maryland Budget Amendment,) § 1. The budget bill, or appropriation bill must be introduced immediately upon receipt. The Gover- nor may amend or supple- ment the bill while in the Legislature. § 1. Legislature may not alter the budget bill except to strike out or reduce items, provided that public debt obligations shall not be reduced or eliminated and salaries of public offi- cers shall not be reduced during term of office. § 1. Neither house shall consider other appropria- tions except for emergen- cies or the immediate ex- pense of the Legislature, until the budget bill has been finally acted upon, § 1. Every supplemen- tary appropriation shall be embodied in a sepu^te bill, limited to a single purpose stated therein ; and shall not be valid if it exceeds the amount available in the State treasury, except it provide the revenue neces- sary to pay the appropria^ tion. No provisions for Utah. 12 354: Kepobt of Keconsteuction Commission Chapter 3 — Comparative Tabulation ReBponaibility for initiatioD of budget I. Preparation and filing of estimates II. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget Committee on Bud- get. — Composed of the Governor as chairman, Auditor as secretary, TVeas- urer, Commissioner of Agriculture (ap- pointed by Gover- nor), Director of State Institutions (appointed by Gov- ernor), a member appointed biennially by Governor, chair- men of the Senate Finance and House Ways and Means conmuttees, and chairman of the Sen- ate and House appro- priation committees. (As amended by No. 32, Laws of 1917, adding members of Board of Control and not mentioning Pur- chasing Agent, ap- appointed by Gov- ernor, formerly s member). § 2, Each State agency requiring appropriations shall file with the secretary of the committee in Oc- tober of each even year upon forms prepared and furnished by the com- mittee, statements showing in detail the amounts appropriated and ex- pended for the current biennial fiscal period to date and the two next pre- ceding biennial fiscal periods; also the amounts required for the ensuing biennial fiscal period. Such state- ments shall be arranged in proper manner in detail by classification and by proper summaries as the conunit- tee may require. § 3. The estimates shall show the moneys required for the support, maintenance, CTtension or improve- ment of the several State agencies under the following heads as nearly as may be: (I) Salaries and wages, subdivided to show the number em- ployed, compensation, proposed in- crease or decrease, or new positions; (2) permanent improvements, as new buildings; (3) all other expenditures as replacements, repairs and sup- plies; (4) contingencies. The com- mittee may at any time require fur- ther detail, itemization or explana- tion as to requests. § 4. The secretaiy shall receive and file astatement of any desired appro- priation which shall be presented to him during October of each even year by any individual corporation, asso- ciation or institution intending to present such request to the next ses- sion of the Legislature. § 5. All claims against the State requiring actou by the Legislature shall be filed with the secretary of the committee. § 6. No State agency shall apply to the Legislature for any appropriation unless the request for same 1^ been filed with the secretary of the com- mittee, and unless the need for such request has arisen subsequent to November 1st. VERMONT — No. 26, Laws of 1915; approved § 7. The committee § 9. The com- § 9. The committee shall prepare a without notice may at mittee during No- statement showing the revenues of any time visit and vember shall pre- the State for the current biennial examine the files of any pare a budget. fiscal period to date and the next agency expending two preceding biennial fiscal periods, State funds for the pur- and the sources from which such rev- pose of ascertaining enues were derived; also a statement how funds are ex- of the expenditure of each State pended. agency for the current biennial fiscal § 8. The coDomittee period to date and the next two pre- shall examine all re- ceding biennial fiscal periods, in euch quests for appropria- manner and in such form as to facili- tions, for the allowance tate comparison, of claims and may hold § 10. The committee shall make such hearings, either an estimate of the revenues of the public or private, State to be received during the bien- thereon as it may deem nial fiscal period, with an itemized advisable. statement of the sources thereof and § 10. The committee shall ascertain and report the shall have the power amounts of all unexpended balances to revise all estimates under appropriations heretofore by increasing, dimin- made and shall prepare an estimate ishing or eliminating or budget of the amounts to be appro- the sums asked for; but priated for the biennial fiscal period ihall include in its next ensuing. Such budget shall be budget the substance prepared with sufficient detail to of such requests and show the aggregate sum and the the reasons for its items thereof estimated to be neces- action thereon. sary for the maintenance and support of each agency. Tabulab Analysis of all State Budget Laws 355 of State Budget Laws — (Continued) V. Submisaion of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legielative action on conBolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations March 6,1916. Legislature meets biennially. § 11. The committee shall forward a printed copy of its budget to each member-elect of the Gen- eral Assembly before De- cember 10th of each even year and also forward at least one copy to the clerk of each town in the State. 1 12. Upon the conven- ing of the General Assem- bly (in January of odd years) the newly formed committee on budget shall receive the state- ments and estimates from the old committee or budget and upon exami oation of the same shall make such further re- vision as it shall deem advisable. 12. Immediately after the time limit by the Gen- eral Assemblv for the intro- duction of bills, the com- mittee on budget shall pre- pare a statement showing a schedule of all amounts con- templated to be appropria- ted by the various bills in- troduced to that date, together with the recom- mendations of the conmiit- tee as to the advisability thereof and the same shall be a revised, consolidated statement. Upon disposal of such appropriations, such of them as have been passed shall be added to the con- solidated statement, and the committee shall draft such consolidated state- ment as a bill, which shall be presented to the General Assembly for its considerar tion, revision and ultimate passage as the budget bill, and which shall contain all the expenditures of the State in all its departments during the ensuing biennial fiscal period. No provisions for Vermont , § 12. All member bills shall be included in the budget bill. § 13. Every six months or oftener, if requested by the Governor, the Committee on Budget shall examine the financial condition of all departments and institu- tions with a view to economy and efficiency. § 14. The committee is also authorized to make provision for emergencies, all emergency grants being reported to the Auditor and included in the budget for the next biennial fiscal period. 356 Report of Reconstetjction" OoMMissioiq" ' Chapter 3 — Comparative Tabulation Responsibility for initiation of budget Governor. . I. Preparation and filing of estimates n. Review and revision of III. Preparation of budget IV. Form and contents of budget § 1. Ustimates shall be made by all spencdng agencies to the Gov- ernor upon official estimate blanks by November let of odd numbered years. Estimate blanks furnished by Governor shall be uniform and shall clearly designate information desired. Estimates are required in itemized form showing amount needed for each year of ensuing bien- nial period beginning March Ist. § 2. Auditor of Public Accounts shall furnish Governor by December 1st estimates of General Assembly, certified by presiding officer of each house, also estimates of judiciary, as provided by law, both of which shall be itemized in accordance with the Governor's budget classification. § 3. Auditor of Public Accounts shall on November 1st furnish Gov- ernor with (1) statement of balance to credit of each spending agency at the end of last preceding appropria- tion year, (2) statement of monthly expenditures and revenues from each appropriation account during last preceding appropriation year, (3) statement of annual expenditures and revenues from each appropria- tion account for each of last two ap- propriation years, (4) oonaplete bal- ance sheet for preceding fiscal year ending September 30th, (5) other statements requested by Governor. VIRGINIA — Chapter 64, Laws 1918. Approved February 19, § 5. Governor shall, during November, pro- vide public hearings for review of all esti- mates. § 4. Governor may require additional in- formation from spend- ing agencies not con- tamed in estimates. _ 6 and 11. Gover- nor and his assistants by December 1st, bien- nially, must have com- pleted a careful survey of all spending agencies which shall be a basis for his recommenda- tions. 2, Governor may revise all estimates ex- cept those of the Gen- eral Assembly and the Judiciary. „ 7. Governor shall prepare a budget for the bi- ennial period. § 7. Budget flball contain a com- plete and itemized plan of all pro- posed expenditures for each State agency, Classified by function, char- acter and object, also estimated revenues and borrowings for each year of the ensuing biennial period. Opposite each item of proposed expenditures the budget shall show in parallel columns the amounts appropriated for each of the last two preceding appropriation years, and the increase or decrease. Accom- panying the budget shall be (1) a statement of revenues and expendi- tures for each of the two preceding appropriation years, (2) a current balance statement, (3) a debt and and fund statement, (4) a statement of conditions of the treasury at the beginning and end of the two appro- priation years covered by the bu(feet, (5) a balance sheet for State at close of last preceding fiscal year ending September 30th, (6) general survey of State's financial and natural resources, with a review of its gen- eral economic, industrial and com- mercial condition. State Board of Finance.— Consist- ing of Governor, State Treasurer and State Auditor. § 1. State spending agencies, not later than October 15th of even years, shall submit to the State Board of Finance on forms pre- scribed and according to the classi- fication adopted by the State Audi- tor, estimates showing in detail the amounts required for the ensuing tsiennial period. § 2. The Auditor shall assemble the estimates and shall, opposite each request, have the amount of appropriation made for the current biennium, the amount expended, to and including September 30th; and also prepare a statement showing the revenues of the State for the biennium ended on that day, and the estimated receipts for the next fiscal biennium. This statement shall be submitted to the Board of Finance. WASHINGTON — Chapter 126, Laws of 1915. Approved March § 2. The Board § 2. The Board of Finance shall of Finance shall make such recommendations as it make budget rec- may deem proper on the Auditor's ommendations. consolidated statenlent, which shaU be known as the State budget. The Board shall be authorized to re- quire information as to the affairs of any spending agency of the State. § 5. The Board may make investigations and inspections of any spending agency and compel the attendance of witnesses and the production of books and records. Tabular A]srAi.TSis of all State Budget Laws 367 of State Budget Laws — (Continued) V. SubmisMon of budget and consolidated appropriation bill to Legislature VI, Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations 1918. Legislature §§ 7 and 8. The Gov- ernor shall submit to the £ residing officer of each ouse, within five days after the beginning of the le^Iative session, print- ed copies of the budget, also a tentative appro- priation bill, clearly iteni- ized and properly classi- fied for each of the ensu- ing appropriation years. meets biennially. § 9. The standing appro- priation committees of the Legislatiu'e must begin within five days after the budget is submitted to hold joint and open sessions on the budget. This joint committee may require representatives of spending agencies to appear before it and give information, and it may admit and hear all persons interested in the estimates. Governor, or his representative, and the Governor-elect shall have the right to sit at these public hearings and to be heard. § 10. General Assembly coay increase or decrease Items in the budget bill. § 10. Further and special appropriations, except in the case of an emergency, can be made only after the budget bill has been finally acted upon. § 10. All appropriation bUls originating in the Legislature must conform to the Governor's budget classification. No provisions for Vir ginia. 17, 1915. Legislature meets biennially. 5 4. The Board shall No provwions for Wash- ^ No provisions for Wash- cause printed copies of ington. ington. the budget to be mailed to each member of the Legislature at least fif- ten days before the regular session; and upon the convening of the Legislature it shall form- ally submit the budget. No provisions for Wash- mgton. No provisions for Wash- ington. 358 Report of Reconstruction" Commission Chapter 3 — Comparative Tabulation Responsibility for initiation of budget I. Preparation and filing of estimates n. Review and revision of estimates III. Preparation of budget IV. Form and contents of budget Board of Public Works. — Composed of Governor, Secre- tary of State, Audi- tor, Treasurer, At- torney General, Sup- erintendent of Schools and Com- missioner of Agri- culture. (AJl are elective officers.) Subsec. D, 2. Estimates are re- quired to be made by all spending agencies to the Board of^ Public Works at such time and in such form as it may direct. Estimates of the Legislature are certified by the presiding officer of each house, those of Judiciary by Auditor, and those of public schools as provided by law. WEST VIRGINIA — Amendment to Section 51, Art. 6 of Constitution, ratified November Subsec. D, 2. The Subsec. D, 2. Subsec. B, 2 and 3. Each budget Board of Public Works The Board of Pub- shall be divided into two parts: may review and revise, lie Works shall I. " Governmental Appropriations," by public hearings, all prepare two bud- including estimates of appropriations estimates except those gets, one for each for (1) Legislature; (2) Executive of the legislative and of the ensuing £s- Department; (3) Judicial Depart- judiciary departments cal years. ment; (4) to pay and discharge and of the public principal and interest of State debt; schools. (5) salaries payable by State under constitution and law; (6) public schools; (7) other purposes set forth in constitution and laws. II. " Gen- eral Appropriations," including all other estimates. Subsec. B, I. Each budget shall contain a complete plan of proposed expenditures and estimated rev- enues for the particular fiscal year to which it relates and shall show the estimated surplus or deficit of revenues at the end of such year. An accompanying statement shall show: (1) Revenues and expendi- tures for each of two fiscal years next preceding; (2) Balance sheet; (3) Debts and funds; C4) Estimate of State's financial conditions at the end of the fiscal years covered by budgets; (5) Explanations by Board of Public Works. State Board of Pub- i c Affairs. — Consist- ing of Governor as chairman, Secretary of State, President Pro tern, of Senate, Speaker of House, chairman of Senate and Assembly finan- ce committees, and three members ap- pointed by the Gov- ernor and confirmed by the Senate sub- ject to removal by the Governor (Board employs sec- retary and such other help as neces- sary). WISCONSIN — Chapter 728, Laws of 1913. Approved July § 15. 12. The State Board of Public Affairs shall furnish estimate blanks to each public body, not later than July 1st. Each public body, not later than September 1st, shall pre- sent to the board its estimate for the ensuing biennum. § 15. 12. The board shall cause the esti- mates to be compiled forthwith and reviewed through such field ex- aminations, interviews or correspondence as may be necessary to obtain full information. The board as a whole, between November 10th and December Ist shall consider and re- view the results of the preUminary examina- tions, together with the estimates and explana- tions. The Governor- elect shall have the right to attend review meetings, personally or through a representa- tive, and to receive all reports and informa- tion sent to members of the board. § 16. 12. The' board shall pre- pare a budget. 31, 1913. (As amended by § 15. 12. The budget shall show comparisons of estimates for the ensuing biennum with each year of the current biennum and each of the three years next preceding; the amount of each item recommended; whether the amounts recommended are equal to, above or below the amoimts requested and the amounts for the first year of the preceding hi- . ennum; reasons for recommended allowances or disallowances; a record of the vote on each recommendation that is not unanimous; and any recommendation which a minority of the board or the Governor-elect may wish to have included. The board shall accompany the conclusions or recommendations of all its reports with a summary of the facts upon which its conclusions or findings are based, the names of the members approving the report, and the sum- mary of the investigation pursued to obtain the facts. Tabttlau Analysis of all State Budget Laws 359 of State Budget Laws — (Continued) V. Submisaion of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Legislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropiiation bills IX. Expenditure and control of appropriations 5, 1918. Legislature meets biennially. Subsec. B, 1 and 3. The Board of Public (Compare with Maryland Budget Amendment.) Works shall deliver the budgets and a bill of pro- posed appropriations, clearly itemized and claasified, to the presid- ing officer of each house ■within ten days after the convening of the Legis- lature. Subsec. B, 3. The bud- get bill must be introduced immediately upon the re- ceipt by the presiding officer of each house. The Board of Public Works may amend or supplement the bill while in the Legis- lature. Subsec. B, 4. The Gov- ernor and such representa- tives of agencies expending applying for State's money as designated by the Board of Public Works shall appear before the Legislature to defend the budget bill. Subsec. B, 3, The Legis- lature shall not amend the budget bill to create deficit; it may increase or decrease items relating to the Legislature or increase those rehiting to the Judi- ciary, but may only reduce or strike out other items, provided the compensation of any public officer shall not be increased or dimin- ished during his term of lice. Subsec. C. The Legialar ture shall not consider other appropriations until the budget bill has been finally acted upon. Subsec. D,l. Tf the bud- get bill is not enacted three days before the expiration of regular session, the Gov- ernor may, by proclama- tion, extend the legislative Subsec. C. Every sup- plementary appropriation shall (1) be embodied in a separate bill, limited to a jle purpose; (2) shall provide the revenues neces- sary to pay the appropria- tion unless it appears from the budget that there is sufficient revenue avail- able; (3) shall receive the majority vote of the elec- tive members of each house and shall be presented to the Governor and be sub- ject to hia veto. Subsec. D, 3. Budget bill becomes law upon passage of the Legislature without signature of Governor. No provisions for West Virginia. Chapter 633, Lj.tts of 1915; Chapters 2 and 300, Laws of 1917). Legislature meets biennially. § 15. 12. The board shall recommend a budget to the legislature not later than December 15th; and not later than Janu- ary 1st shall distribute copies of the estimates with its recommenda- tions thereon to the mem- bers of the Legislature. No provisions for Wis- consin. No provisions for Wis- consin. No provisions for Wis- consin. § 15. 11. The board shall have such supervision of every public body as is necessary to secure uni- formity and accuracy of accotmts and it may devise uniform systems of ac- counts and uniform ac- counting procedure for all such public bodies. § 15. 13. The board shall also investigate duplication of work, inefficiency of the organization and adminis- tration, and shall formulate plans for greater co-ordina- tion and the improvement of administration in gen- eral. 360 Kepoet of Reconstruction Commissiois: Chapter 3 — Comparative Tabulation Reaponaibility for initiation of budget I. Preparation and filing of estimates II, Review and revision of estimates III. Preparation of budget IV. Form and contents of budget Governor. . WYOMING - § 1. Estimates shall be made by all spending agencies upon official esti- mate blanks submitted to the Gov- ernor by November 1st of the even numbered years. Estimate blanks furnished by Governor shall be uni- form and shall clearly designate the information desired. Estimates are required in itemized form, showing aniount needed for each year of ensu- ing' financial period beginning April 1st. § 2. State Auditor shall furnish Governor by December Ist, estimate of legislative needs, itemized in ac- cordance with Governor's budget classification and certified to by pre- siding officer of each house. § 3. State Auditor shall on Novem- ber 1st furnish Governor with, (1) statement of balance to credit of each spending agency at end of last pre- ceding appropriation year; (2) state- ment of monthly expenditures and revenues from each appropriation account during last preceding appro- priation year; (3) statement of an- nual expenditures in each appro- priation account and revenues from all sources for each of last two appro- priation years; (4) complete balance sheet for preceding fiscal year ending September 30th; (5) other state- ments required by Governor. Chapter 10, Laws of 1919. § 4. Governor may require additional in- formation from spend- ing agencies which is not contained in esti- Approved February 10, 1919. § 5. Governor shall during November pro- vide public hearings for review of all esti- mates. §§6 and 11. Gover- nor and his assistants by December 1st, bien- nially, must have com- plete a careful survey of all spending agen- cies which shall be a basis for his recommen- dations. § 2. Governor may revise all estimates ex- cept those of the Legis- lature. § 7. Governor shall prepare budget for the bi- ennial period. § 7, The budget shall contain an itemized plan of all proposed ex- penditures for each State agency, classified by function, character and object, also estimated revenues and borrowings for each year of the ensu- ing biennial period. Opposite each item of proposed expenditures, the budget shall show in parallel columns the amounts appropriated for each of the last two preceding appropria- tion years, and the increase or de- crease. Accompanying the budget shall be (1) a statement of revenues and expenditures for each of the two preceding appropriation years, (2) a current balance statement, (3) a debt and fund statement, (4) a state- ment of condition of the b*easury at the be^nning and end of the two appropriation years covered by the budget, (5) a balance sheet for the State at close of last preceding fiscal year ending September 30th, (6) a general survey of the State's finan- cial and natural resoiu-ces with a review of its general economic, industrial and commercial condition. Tabulae Aitalysis of all State Budget Laws 361 of State Budget Laws — (Concluded) V. Submiaaion of budget and consolidated appropriation bill to Legislature VI. Budgetary procedure in Lsgislature VII. Legislative action on consolidated appropriation bill VIII. Supplementary appropriation bills IX. Expenditure and control of appropriations Legislature meets biennially. (Compare with Budget Law of Virginia.) §§ 7 and 8. The Gov- ernor shall submit to the presiding ofEcer of each house, within five days after the beginning of the legislative session, print- ed copies of the budget and copies of a tentative appropriation bill, clearfy itemized and properly classified, for each of the ensuing appropriation years. § 9. Standing appropria- tion committees of the Legislatiu-e must begin within five days after the receipt of the budget to hold joint and open sessions on budget. This joint com- mittee may require repre- sentatives of spending agen- cies to appear before it and give information. It naay also admit and hear all per- sons interested in the esti- mates. The Governor, or his representative, and the Governor-elect have the right to sit at these public hearings and to be heard. The budget bill must be introduced in the house within fifteen days after its receipt from the Governor. § 10. The Legislature may increase or decrease items in the budget bill. Further and special appro- priations except in the case of an emergency can be made only after the budget bill has been finally acted upon. All appropriation bills originating in the Legisla- ture must conform to the budget classification. No provisions for Wyoming. PART V SALARIES AND PENSIONS [363] CHAPTER 1.— SALARIES OF STATE EMPLOYEES Present Conditions In the fiscal year 1917-18 the permanent activities of the State of New York required an expenditure of $40,274,567.71 exclusive of fixed charges and capital outlay. Of this amount $16,431,760.47 was spent for salaries and wages of 17,000 state employees — an amount equal to 40 per cent of the total expenditure for the management of the state business. In spite of the fact that 'New York State was the first state to adopt a civil service law, the emphasis placed on the problem of personal serv- ice and particularly on classification and salaries in this state has not been in proportion to its relative importance. Frequent investigations have been made by special committees, with little or only temporary result. The most recent investigation was that of the Senate Committee on Civil Service in 1915-16. Following a comprehensive study of the subject of personnel and salaries, a report was submitted analyzing in detail the conditions which were generally known to exist and presenting a definite program of improvement. The most important part of this report was a complete set of standards to govern appointment, salaries and advancement of employees in all departments and other agencies of the state. Although the recommendations of the committee were not incorporated into law, they were generally recognized in the Legislature and in the state departments, including the Civil Service Commission, as logical and based upon well-established facts. The program was defeated in the Assembly after having been adopted in the Senate by an almost unanimous vote. The conditions relating to personnel in the state service which seem to us to require correction, most of which are referred to in the findings of the Senate Committee on Civil Service of 1915-16 are: 1. Overpayment and underpayment in salaries, 2. A number of unnecessary positions. 3. Irregularity in rates of pay. G-rades of employment under existing law are classified entirely accordijng to compensation. The duties of the positions are not taken into consideration. The first grade covers positions below $300' per annum and the highest grade, the twelfth, includes positions with salary rates over $3,000. Such a method of classification is absolutely impractical and inevit- ably leads to inequalities in salaries and to a lack of uniformity in administration. An employee, for example, may be doing a cer- 366 Report of Eeconsteitction Commission tain kind of work and receive a salary of $1,000. He is thereby automatically classified in the sixth grade. Another person per- forming the same kind of work in another department may be receiving $1,400. He is thereby automatically classified in the seventh grade; or, two persons performing work dilfering in kind and value are classified in the same grade if they receive the same salary rate. 4. Multiplicity of fictitious and unnecessary titles, with resultant confusion of work, friction between employees, and administrative difficulties in assigning and controlling the personnel. Titles of positions are not at present descriptive. They are obtained by designation from civil service lists, by specific reference in the statutes creating positions, and by designation by department heads. Titles for positions should designate rank or grade and relative importance of work. They should be reasonably descriptive of the duties performed, and used for purpose of payroll audit, ofBce organization and control. An analysis of the titles of positions in the state service, however, shows that the present general usage does not serve any of these purposes. It is unusual to find that a title is properly designated to signify the relative importance of the position in terms of the entire state service. There are at the present time over nine hundred different titles in the state service which are fictitious or misleading. Similar titles are attached to positions entirely different in character. Different titles are used for positions involving the same character of work. In some depart- ments there are two titles for the same positions, i. e., office title and civil service title. It is difficult to regulate advancements and promotions without a definite control over titles. The promiscuous use of titles gives opportunity for the creation of useless and unneces- sary positions. New titles are usually invented to show the need for special work. An administrator often creates a fictitious or non- descriptive title for a position merely to persuade the control agencies that the position is necessary. Titles in many instances are vague. For example, the titles of "experts," "investigator," "agent," etc., do not convey any meaning unless they are qualified by some further word descriptive of the general class of work performed. 5. Inadequate and inequitable system of advancement and pro- motion. There is no uniform practice for granting salary increases, whether for advancement or promotion. Some increases are granted regularly and almost automatically by the Legislature; others are dependent upon special recommendations in the budget; and for Salaeies of State Employees 367 more others special legislation is required. Certain departments are lenient than others. Interesting studies have been made showing the variety of policies in the several departments. The delays under the present procedure are such that some deserved increases are held up for a period of years. As a result many employees leave the state service for private employment. The more modest and retiring employees who do not desire the publicity or the uncertainty accompanying a request for a salary increase often do not attain their just deserts. On the other hand, employees who are more bold are apt to be more successful. Promotions are as uncer- tain as increases in salary and are the greatest source of discontent among employees. Civil service rules and regulations provide that promotions wherever practicable shall be granted only after a pro- motional examination. As a matter of fact, there is no system for promotions in operation at the present time.* It is of special interest to note the time and expense involved in the present machinery for granting salary increases. Depart- ment heads are constantly bothered by requests for increases and promotions and are unable to give any reply which reflects a definite procedure. The Legislature is constantly giving its atten- tion to bills which pertain to salary problems, some of which are of very minor importance, f 6. Duplication of work. 7. Lack of proper qualifications and preliminary training on the part of employees, due to lack of definite and proper standards. 8. Too many statutory positions. There are in the state service a large number of positions specifically created by statute. Although many of these positions are parallel in scope and responsibility to positions in the classified service, they nevertheless carry with them compensation in accordance with the terms of the statutes, regard- less of the present market value of the work performed. For in- stance, an employee in one department may receive a statutory sal- ary of $1,500, while in another department another employee in a similar position, 'but one not fixed by statute may receive a salary of $2,500. Many of the statutes fixing salaries were made in the dis- tant past. These statutory provisions are fortunately not followed in numerous cases by the Legislature in making the annual appro- * A system of service records, formulated by 'Commissioner Bice, has recently been inaugurated by the Civil Service Commission, which may be used to regulate advance- ments and promotions. These records are, however, in an experimental stage. t In Massachusetts, previous to the adoption of a. logical classification for positions in the State, (twelve per cent, of the bills introduced' in the legislature pertained to personal service. 368 Repoet of Eecowsteuctioi!?^ Commissioi^ priations, since the appropriation act always carries a provision that salaries, compensation and expenses fixed in this act shall be paid notwithstanding the provisions of any other statute. However, no classification of positions in the state service would be complete without making a thorough survey of statutory positions. 9. Too many exempt positions. There is need for more perma- nent tenure in important posts. In 1916 there were 1,616 positions under civil service, but classified as exempt and therefore filled without examinations or other competition. At the present time there are 1,492 exempt positions. Many of these positions require special technique and training which could best be ascertained by some kind of competitive test, though not necessarily by a written examination. Others are of a policy determining, personal or confi- dential character. The former group of positions should be filled by competitive examination. A thorough study, however, should be made to determine just which positions should be kept in the exempt class. A number of inconsistencies prevail at the present time. There are similar positions which are now exempt in one department and subject to competition in others. Eecommendations. The conditions disclosed by this analysis are very similar to those dis- covered in numerous other states and cities and in the federal government by committees, commissions and other investigating agencies, public and private. These so-called reclassification studies begun originally in the City of Chicago have now become themselves fairly well standardized. Without discussing the history and specific provisions of these various reports and installations, the following recommendations based on experience elsewhere are set forth in suramarj' form below: 1. A logical classification of employees will be established, based on duties and vahies of services, which will assist the Civil Service Commission, department heads, the Governor and the Legislature in the control of personnel. As indicated in Chapter 1 of Part II this work will be done by a division of the Bureau of Administration in the Executive Department, co-operating with the Civil Service Commission. The best arrangement will be to have the Civil Service Commission issue a joint report with the Director of the Bureau of Administration and to have representatives of the Civil Service Com- mission associated with the examiners of the Bureau of Administra- tion in actual preparation of the classifications. The representatives of the Civil Service Commission will give particular attention to Salaetes 03? State Employees 369 questions of titles, qualifications for entrance, advancement and pro- motion. Such a classification and standards will provide: A definite description of all positions in the service so that department heads and future employees may be informed with respect to grades of work, entrance requirements, titles of positions, salary rates and opportunities for advancement and promotion. An equalization of salary and opportunity for all employees who are performing substantially similar or related work. This is to be brought about by a revision of the present salary rates and the determination of rates which are just and adequate in comparison with those paid by the most progressive private employers, due consideration being given also to the cost of living. 2. An appraisal will be made of all positions in the state service, placing each position in the particular grade of the standard classifi- cation in which the duties fall. This involves a study of the proper as distinguished from the existing organization of each state unit and the listing of all unnecessary and overpaid or underpaid positions. 3. The Bureau of Administration will establish current control over changes in personnel in the several departments so that ap- pointments, promotions, increases in salary and other changes will be submitted and approved before they go into effect. Increases in salary within a grade and to a certain extent promotions will be based upon service records maintained by the Civil Service Com- mission. Increases in salary in the lower grades will be automatic upon the attainment of a minimum standard. All persons paid less than the minimum standard salary appropriate for their positions will receive increases to this minimum. A conservative estimate by the Senate Committee on Civil Service was that over $2,000,000 was wasted each year in excessive salary rates and unnecessary positions. From this saving must be deducted needed increases in salaries of underpaid employees. The remaining saving must be thought of as being gradual, not immediate. Experience in other states and cities indicates that effective control by a central agency over filling of vacancies will bring about a rapid readjustment to proper organization and to proper numbers and salaries of employees, and that adjustments should not be made by cutting of salaries or by the wholesale elimination of positions. 4. Provision will be made for current revision of the classifica- tions to meet changing conditions in the service. This power will 370 Eepoet of Ejeconstuuction Commission rest with the Bureau of Administration co-operating with the Civil Service Commission. 5. The civil service rules and regulations will be revised so that the Civil Service Commission may adopt the standard classification of employees in so far as it applies to the classified service. 6. An investigation will be made of the present practices and procedure of the Civil Service Commission to determine whether or not the Commission is properly equipped to assume the responsi- bilities of examinations for appointm.ent and promotion, and of determining efficiency for increase in salary under the more stringent regulations and standards set forth in the new classification. In the main, the Civil Service Commission whose chief function is to certify to appointments for all positions in the classified ser- vice is not responsible for present conditions. Except in so far as it regulates the service records of classified employees — a function which is still in the exj)erimental stage — -the Civil Service Com- mission does not come into contact with the state departments in regulating or controlling the personnel. It has not sufficient appro- priation or adequate organization to act as an effective employ- ment manager. Any plan for effective control of personnel will necessarily involve the strengthening of the Civil Service Commis- sion and the revision of its procedure. This must be done even if the control of salaries and filling of vacancies is entrusted to the budget making agency.* 7. Positions under civil service will be completely reclassified so as to bring into the competitive class all positions now exempt that are not of a policy determining character. Probably 1,000 of the present 1,492 exempt positions should not be exempt or should not exist at all. 8. Provisions of statutes establishing positions at fixed salary rates, other than those of heads of departments and bureaus, will be repealed. Summary of Eecommendations 1. A logical classification of state employees will be adopted, based on duties and value of services. This work will be done by the Bureau of Administration in the Executive Department co-oper- ating with the Civil Service Commission. 2. An appraisal will be made of all positions in the state service, placing each position in the particular grade of the standard class- ification in which the duties fall. * For further discussion of this subject see Chapter 15 of Part II on the Civil Ser- Tice Commission. Salaries of State Employees 371 3. The Bureau of Administration will establish current control over changes in personnel in the several departments. Effective control by a central agency over filling of vacancies will bring about a rapid readjustment to proper organization and to proper numbers and salaries of employees. Adjustments will not be made by cutting of salaries or by the wholesale elimination of positions. 4. The classification will be revised currently to meet changing conditions in the service. 5. The civil service rules and regulations will be revised so that the Civil Service Commission may adopt the standard classification of emploj"ees in so far as it applies to the classified service. 6. An investigation will be made of the present practices and procedures of the Civil Service Commission to determine whether or not the Commission is properly equipped to assume its responsi- bilities under the more stringent regulations and standards which will be set forth in the new classification. Y. All positions now exempt which are not of a policy determin- ing character will be placed in the competitive class. Probably 1,000 of the present 1,492 exempt positions should not be exempt or should not exist at all. 8. Provisions of statutes establishing positions at fixed salary rates, other than those of heads of departments and bureaus, will be repealed. 9. These recommendations will require only statutory and admin- istrative changes. 372 Report of Eeconstruction Commission CHAPTEE 2.— PENSION AND RETIREMENT SYSTEMS IN NEW YORK STATE Principles of a Sound Pension System, The chief objects of a sound pension system are to offer to the employees and their dependents an effective protection against the contingencies of old age, disability and death and to maintain an efficient state service by eliminating from it humanely the superannuated and disabled employees. The high cost of a pension of half-pay payable at a certain age to the end of the employee's life is clearly evidenced by the rates which life insurance companies charge for life annuities. A pension system must be carefully organized in order that it may achieve the double purpose of benefiting the service as well as the employees and may meet the cost of the promised benefits. The adjustment of benefits and contributions in such a way as to make a pension system sound is a highly technical matter. A certain contribution actuarially calculated must be set aside each year on account of each employee in order to accumulate an adequate reserve from which his future pension can be paid. If both parties are to benefit from the system, then they ought to share the cost of it in an equitable pro- portion and jointly administer the system. The contributions of each employee must be fixed in accordance with the cost of his future benefit, i. e., in accordance with his age, salary, sex and other determining factors. Furthermore, a sysrtem which is to benefit in some fonn or other all employees and be for them an effective instrument of savings and insur- ance, ought to provide refunds of the employees' contributions together with interest to those who resign or are dismissed and to the dependents of those who die before retirement. Pension Conditions in New York State and its Political Subdivisions 'No definite policy has been developed in this State regarding pensions for state, county or local employees. The broad scope of pensions, as an economic and administrative measure, and the highly technical nature of the question have hardly been appreciated. Laws have been enacted from time to time without any clearly defined principle underlying them. Each law was framed and its passage secured by some particular group of employees for its exclusive benefit and without regard to provisions of other laws, the situation of other groups or classes of employees and the requirements of economic and actuarial soundness. The present pension situation is, therefore, full of inconsistencies and gaps. There has been PETTSIOlSr AND RETIREMENT SySTEM 373 a total failure to grasp the fact that aU government pension systems within the state are interrelated and that the Legislature should develop pension principles to be applied not only in the state service, hut every- where; and that the state should encourage the growth of local pension systems and provide a means whereby the smallest community can assure protection to its employees. There are only four departments covered by pension laws in the state service. These laws cover teachers, hospital employees, judges, clerks and other employees of the Supreme Court and four or hve employees of the Banking Department.* All the other departments are not pro- vided for. The pension systems of these favored departments have been framed without the necessary expert assistance and are unsound. Their benefits are inequitable and their revenues inadequate. There is a wide variance for which there is no justification between their provisions. The teachers must render thirty-five years of service and be sixty years old, or else they must wait until they are sixty-five. The hospital employees, on the other hand, may retire after twenty-five years of service iri'espective of age, i. a, in the case of early entrants at as early an age as forty-five or fifty. The former forfeit their contributions for themselves and for their dependents when they resign, are dismissed or die before retirement. To the latter are returned contributions in these cases, although without interest. The teachers contribute one per cent of their salary, irrespective of their age and sex and the State contributes an equal amount. The hospital employees contribute between one per cent and three per cent of their salary according to their length of service. The State adds to this an indirect contribution consisting of the deductions from salary on account of absences amounting to approximately only one-half of the amount contributed by the employees. The Supreme Court employees contribute one per cent of their salaries, and the State appropriates such an amount as is necessary to pay current pensions. The Banking Department employees do not contribute at all. Their entire pension is paid by the State. The total contributions of these systems amount, therefore, to only one or two per cent of the salaries. Yet contributions of ten per cent and even more ought to have been provided. in order to accumulate adequate reserves with which to meet the cost of the benefits promised. As a result, the pension funds are actuarially insolvent. The teachers' retire- ment fund is now being subjected to an actuarial investigation which will * The teachers' and Supreme Court employees' laws were originally enacted in 1911, the hospital employees' act in 1912, and the hanking department in 1914. 374 Report of Reconsteuotion Commission undoubtedly reveal an actuarial deficit amounting to several million dol- lars in its total present and prospective assets. The haphazard growth of pension legislation has been especially pro- nounced in the field of municipal government. A great multiplicity of municipal pension bills virere passed during the last twenty years and each bill applied to some particular city and some particular group of employees in that city. Thus it has come about that certain cities and certain classes of employees, i. e., teachers, policemen, and firemen, have been specially favored with pension legislation while others have been neglected.* The only cities which make some provisions for other employees are New York and Yonkers, where all municipal employees are provided for, and Niagara Falls, where the city electrician is fortunate enough to be covered by a special pension measure enacted for his benefit. County employees have been altogether omitted in pension legislation. It is not surprising, therefore, that in some subdivisions of government charges of discrimination are being made, superannuated and disabled employees are being kept on the payroll, and the efiiciency of the service suffers. All the municipal pension funds with the exception of two (the New York city teachers' retirement fund and the Hunter's College fund), are unsound in their benefits as well as in their financing and will become a heavy charge on the city treasury and cause ultimate injury to the welfare of the employees. The funds are financed by small contributions from employees and by miscellaneous revenues, such as a certain portion of the foreign fire insurance tax, excise tax, or dog tax; sale of condemned or unclaimed property; fees for certain licenses and permits, such as for keeping or selling revolvers, kerosene, naphtha, gasoline, oil, gunpowder or fire- works; money paid for special services at balls, weddings, parties or excursions; fines and rewards; special police and firemen's carnivals and entertainments; gifts, donations and other revenues of a more or less uncertain and fluctuating nature which bear no relation to the cost of pension benefits and the requirements of a pension fund. In most of these funds at some time or other the annual disbursements have exceeded the annual receipts and the funds have been running at an annual deficit. The total present and prospective liabilities of all these funds far exceed * Pension funds are in operation in the following cities : Police, firemen, teachers and other municipal employees' funds in New York city and Yonkers; only police and firemen's funds in Auburn, Binghamton, Fulton, Kingston, Niagara Falls (also city electrician), New Eochelle, Oswego, Olean, Utioa and Watertown; only police and teachers' funds in Poughkeepsie ; only firemen's aad teachers' funds in Westchester county; only police funds in Geneva, Jamestown, Newburgh, Portchester, Rome, White Plains; only firemen's funds in Lodcport, North Tonawanda, and Rensselaer county; only teachers' fund in Cohoes, Nassau county and Saratoga county. Pension" and Retirement System 3Y5 iheir present and prospective assets. The total actuarial deficits of all these funds combined amount to many millions of dollars. Future generations will have to bear the burdens of these deficiencies. Recommendations. It is evident that immediate steps should be taken towards the formula- tion and enforcement of an efficient pension policy. A system should be devised which will cover the departments not now provided for, help to eliminate from their staff without causing individual hardship the superannuated and disabled employees who now clog the service and which will operate on a sound and permanent financial basis. Means must be provided for a reorganization of existing funds on a sound basis, at the same time protecting participants in the present funds. Statistical, actuarial and other pension data necessary for the reorganization of the existing funds and construction of new systems must be collected. Actuarial estimates of the financial condition of the existing systems, as well as the cost of new plans which may be proposed, must be prepared. After a sound policy has been adopted an efficient supervision of the operation and administration of the new state and local pension systems which will come into being must be maintained. All this technical work can best be performed by a permanent agency created for this purpose. It has, therefore, been recommended that a Pension Division specially equipped for this work be established in the proposed Bureau of Administration in the Executive Department. With the pension data which the Pension Division would collect and the equipment which it would develop it could at the request of the Legis- ture or of localities effectively probe the soundness of every pension bill proposed or submitted and supply all information and staff service which might be desired. This would be a valuable assistance to legis- lators and local administrative agencies, who are usually in no position themselves to ascertain the soundness of the various pension bills upon which they are asked to pass. The Legislature appointed last year a committee to investigate the pension situation in the State. It is evident that in the short space and with the limited funds allowed (the committee was directed to report in January, 1921, and was allowed an appropriation of only $5,000) the committee cannot organize a technical staff and collect, prepare and digest the considerable amount of data necessary for constructive work. Its task would have been greatly facilitated had a department such as here proposed been in existence. The Pension Division can perform the technical work for this or any other legislative committee which may be appointed in the future to investigate the pension subject. 376 Repokt of Recowstetjotion Commission It is evident that the entire question of municipal funds must be placed upon a new foundation. Existing funds must be reorganized and the extension of pension provisions to classes of employees not now provided for must be decided in the light of a sound policy. In the formulation of such a policy the proposed Pension Division can greatly assist. Most of the local funds cannot reorganize without out- side assistance. They must be valued actuarially in order that their financial condition may be accurately ascertained and yet their particular experience is insuiScient for a reliable valuation. State-wide statistical data must be collected. The latter work, as well as the actuarial valua- tions of the funds, will be undertaken by the proposed Division. The State of New Jersey has recently prepared a plan of reorganiza- tion of municipal pension funds which is suggestive of what might be done in New York. It is proposed there that in every city in which there are in operation some departmental pension funds, a new municipal pension fund should be established. Members of the old unstable funds are given the privilege to transfer to the new municipal funds which will bo made financially sound. The old funds are not to be abolished unless two-thirds of their members vote in favor of a transfer to the new system. A department in which there is no pension fund may be admitted into the new system if two-thirds of its employees petition for admission and if the voters of the municipality at the next election vote in favor of it. Similarly a municipality which now has no pension fund may establish a municipal fund if two-thirds of all its employees petition for its estab- lishment and the voters of the municipality at the next election approve of it. Thus it is not necessary each time the extension of pension pro- visions is discussed to apply to the Legislature for the enactment of a special law, as has been the practice heretofore. The proposed mimicipal pension law would act as a fundamental charter of municipal pensions. It has been recognized by the framers of the ISTew Jersey pension bill that small pension funds of the small municipalities cannot operate independently on a permanent and solvent basis. It is proposed, there- fore, that the small funds reinsure their risks in a state reinsurance fund which is specially created for this purpose. The establishment of a central state agency with a trained technical staff for the supervision of the municipal funds each of which will be administered by a local board of trustees consisting of representatives of employees and the city has been recommended. Thus an effective machinery is provided for the enforcement and maintenance of a sound pension policy throughout the entire public service of the state. Pension and Eetibbment System 377 Whether JSTew York will adopt some such scheme as proposed in New Jersey or will evolve another scheme, it is evident that the task is one of great magnitude, and can be performed only by an expert staff and by a permanent state office. The assistant director in charge of the Pension Division of the Bureau of Administration will be a pension expert. The actuary who performs its actuarial work vsdll be especially conversant with the application of actuarial technique to the pension problem. Proper technical assist- ants will be provided. In view of the desirability of ascertaining the views of the employees who are vitally affected in this matter and securing their widest co-opera- tion and also in view of the great public importance of the subject, it is recommended that there be created two temporary advisory boards to meet with the Pension Commission and the working staff in the Pension Division, one on state pensions, the other on local employees' pensions. One will consist of representatives elected by the state employees; the other of representatives elected by the associations of municipal employees. The powers of these boards wil be purely consultative. Summary of Recommendations. 1. The Pension Commission will formulate an efficient state and local pension and reinsurance plan, using for the purpose a new Division of Pensions in the proposed Bureau of Administration in the Executive Department, with an expert pension and actuarial staff. This plan will involve the reorganization of existing funds and the extension of state and local systems. 2. The proposed Pension Division of the Bureau of Administra- tion will perform the following duties with respect to pensions in the state, municipal and county services: Supplying information to the Pension Commission, Legisla- ture and local authorities. Collection of pension data. Formulation of scientific pension plans. Actuarial valuations of pension funds and calculation of rates of contributions. Preparation of an annual report on the pension situation. Ultimately, supervision under such boards as may be estab- lished, of the operation of state and local pension funds with a view to enforce sound standards. 3. There will be associated with the Pension Commission two advisory boards of employees, one on state pensions and one on local employees' pensions. 4. These recommendations require only statutory changes. PART VI STATE PRINTING [379] STATE PRINTING Functions of State Printing Board The State Printing Board*, an ex-ofl3.cio board composed of the Secre- tary of State as President, the Comptroller as Secretary and the Attorney- General, is charged with the supervision over contracts for the greater part of the state printing, the adopting and promulgating of rules and regulations concerning bids and printing, the investigation of the quali- fications and facilities of the firms proposing to perform any printing contract, and inspection of printing to make sure that specifications have been followed. It is specifically provided that the office shall be located in the office of the Comptroller and that he shall name an expert printer and such other assistants and employees as authorized by the appropria- tions. The statute creating the State Board classifies the state printing into three parts as follows: 1. Legislative printing, including all printing done for or upon the order of the Legislature. 2. Department printing, including all printing for the various offices, institutions and departments. 3. Printing of session laws, including printing of all slips of the laws, publication of the official and public edition of the session laws (Old the binding thereof. legislative Printing Legislative printing includes bills, documents, calendars, journals, sub- stitutes for engrossed bills and memorials of both houses of the Legisla- ture, together with the necessary binding. It is provided by statute that there shall be printed fifteen hundred copies of each bill and five hundred extra copies of all general senate bills and general assembly bills and five copies of substitutes of engrossed bills ordered by the Clerks of the Senate and Assembly. The statute provides also that there shall be eight hun- dred and fifty copies printed of the journals, calendars, messages from the Governor, reports of standing or select committees, reports and com- munications when made in pursuance of law, reports of state offices, departments, commissions, institutions and boards. Extra copies of the reports of these state agencies, printed for the use of the Legislature may be printed for the use of these agencies. The number of extra copies for such department varies according to the department. The Printing Board may reduce the number of copies to be printed if the appropria- * Chapter 667 of the Acts of )917. 382 Repoet of Reconsteuction Commission tions are not sufficient. When extra reports exceed three hundred pages they are to be bound in cloth. Provision is made for the receiving of sealed proposals for the legisla- tive printing for the year, but no provision is made whereby the Printing Board may have authority to reduce the size of a report unless its cost exceeds the amount appropriated by the Legislature. In this event the report is returned to the department with instructions to cut out sufficient material to bring its size within the limit necessary to avoid running over the appropriation. Department Printing Previous to 1917, a lump sum appropriation of $300,000 had been made annually by the Legislature for the printing of departmental re- ports. At present, however, each department submits an estimate for printing its reports and appropriations are made separately for each department by the Legislature. Figures in the office of the Budget Sec- " retary in the Executive Department show that in 1918 $272,850 was ap- propriated for reports, but that there was an additional deficiency appro- priation of $325,824.59. In 1919' $219,150 was appropriated, with an additional deficiency appropriation of $72,110. As in the case of legislative printing, the Printing Board has power to reduce the size of the report only in order to make the cost of printing conform with the amount of the appropriation. Only in very rare instances have efforts been made to eliminate departmental working papers and similar material of little interest and use to the average citizen. In 1918 the Department of Agriculture (subsequently made a part of the Department of Farms and Markets) issued a report of several large volumes devoted to the State College of Agriculture, Experiment Station and the department itself. The total number of pages was 5,836. In addition numerous bulletins are published. The proceedings of the Canal Board comprised a volume of 1,079 pages. The State Board of Charities in 1913 issued three volumes of 3,373 pages, in 1915 a single volume report of 1,404 pages, in 1916 a two volume report of 3,359 pages, and in 1917 a single volume again of 742 pages. Besides these reports each one of the institutions subject to its visitation and inspection issued reports. The Civil Service Commission's reports include town and city laws. In 1915 two volumes were issued as an annual report with a total of 1,274 pages. The Excise Commission report for 1917 is filled with statistics and records of names and other detail and fills two volumes with a total of 1,102 pages. The Health Department report for 1916 com- prises two volumes filled largely with minor reports and working papers. State Peintih^g 383 It totals 1,307 pages. The Insurance Department in 1917 issued a five volume report of 4,416 pages. The Industrial Commission has been able to reduce the size of its reports considerably, despite the fact that it rep- resents a merging of several departments. In 1914 its reports filled 659 pages and this was reduced in 1917 to a report of 304 pages, which ap- parently adequately covered its work of the year. The State Commission on Prisons in 1917 published a report on prisons of 516 pages and pro- ceedings in 519 pages. The Public Service Commission for the Pirst District in 1917 published a two volume report of 2,651 pages and the Commission of the Second District published two volumes of 1,263 pages. The State is required* to publish also the reports of certain private organizations. These include the annual report of the American Scenic and Historic Preservation Society, which has custody of certain state parks and places of historic interest, the report of the proceedings of the G. A. R. and the report of the United Spanish War Veterans. If the recommendations of the Reconstruction Commission concerning the su- pervision of all parks and places of historic interest are adopted and such places are given over to the custody of the Conservation Department no reports of the American Scenic and Historic Preservation Society need be published. In 1909 a report of the American Scenic and Historical Preservation Society contained 309 pages; in 1916, 956 pages; in 1917, 816 pages, and in 1918, 947 pages. The report of the proceedings of the G. A. K. averages about 400 pages. The annual report of the United Spanish ^Yar Veterans in 1914 was 513 pages in length, in 1913, 754 pages, and in 1917, 328 pages. If any appropriation is to be made for war veterans it should be made to the Department of Military and Naval Affairs. At any rate it is apparent that legislation should be taken up limiting the publication of annual reports strictly to state departments. The Conservation Department has been able to reduce the size of its reports greatly during recent years without reducing their value. Thus in 1911 two volumes of 556 pages were issued. In 1912 two volimies of 757 pages, in 1913 two volumes of 810 pages, in 1914 two volumes of 776 pages, in 1915 two volumes of 538 pages, while in 1916 none was issued at alL In 1917 the work of the department was covered in a single concise and readable volume of 129 pages and a large amount of material not pertinent to a published document of this kind was eliminated. G-enerally speaking, this experience of one department can be dupli- cated in most of the others. An analysis of the various reports shows that most of them contain statistics of little or no value, working papers * Chapter 667, Acts of 1917. 384 E.EPOET OP Eeconsteuctiojt Commission which, should be on file but not published and repetitions year after year of statutes affecting the department or local authorities supervised by it. Obviously, there is need of standardization of reports. There is no reason v?hy the reports of all departments should not appear at about the same time shortly after the first of each year. They should be" so far as possible similar in form and should contain only the essence of material of real interest. Some means of review and editing is required, to bring this about. This is not at present a function of the staff of the Printing Board unless the amount of material submitted will bring the cost above the money appropriated. The advice and criticism of such a staff should be rendered to the budget making agency before the estimates are transmitted to the Legislature. Included in department printing are the blanks, circulars, blank books, pamphlets, envelopes, letter and note-heads and all other printing work for the various departments other than that classified under the Legislature.* On the first day of February an estimate in writing must be trasmitted to the Printing Board showing in detail all printing of this kind required during the ensuing fiscal year. The Printing Board on or before the first day of May gives notice that it will receive sealed proposals for the departmental printing. On the basis of the bids received the Board awards the contract. Printing of Session Laws and Publication of Official Notices. The State Printing Board advertises for bids for printing in the City of Albany 3,000 copies of the session laws.f In the appropriation act of 1919, $22,000 is provided for the printing of session laws and slips. This item is included in the appropriation for the Secretary of State. Mention should be made of the publication by the State of ofBcial notices required by law to be made in newspapers. The rate of payment which shall be made to newspapers for the publishing of such matter, not only for the State but also for local governments, is fixed by statute.:}: The rate provided was altered in 1919. § The law as amended fixes the following rates: 75 cents per folio for the first insertion and 50 cents for each subsequent insertion except in newspapers published in counties containing wholly or in part cities of the first class or of the second class. In these cities, with the exception of itfew York City, the rate is fixed at one dollar for the first insertion and seventy-five cents for each * Section 7 of Chapter 667 of the Laws of 1917. t Section 9 of Chapter 667 of the Laws of 1917. i Section 3,317 of the Code of Civil Procedure. § Chapter 480 of the Acts of 1919. State Peikting 385 subsequent insertion. In ISTew York City the rate is fixed at " 12 cents cents per agate line of 30 ems for each insertion." There was appropriated " for official notices " under " advertising " for the Secretary of State's department the sum of $50,000 by the 1919 Legislature. This does not include, of course, any provision for the publishing of official notices by the local governments. In 1917-1918 there was expended for publishing the session laws in newspapers, as required by law,* $251,435.80. There is appropriated for this purpose for the ensuing year the sum of $200,000. The Secretary of State, the Comptroller and the Attorney-General are required by law to designate a daily newspaper published in Albany, as the state paper. This paper publishes all appointments and terms of the Supreme Court, rules of practice adopted by the Supreme Court aiid the Court of Appeals, the laws of the State, notices and advertisements, re- quired to be published by the Attorney-General, the Superintendent of Insurance, the Superintendent of Banks or any actions against foreign corporations. Th standard rate for publishing these is 75 cents per folio of 100 words. The Legislative Lawf and the County Law:]: provide for designation of newspapers in which the session laws and concurrent resolutions shall be published. In every county the members of the Boards of Supervisors represent- ing each of the two principal political parties, select one newspaper pub- lished in the county. These two newspapers are then designated by the Secretary of State as the papers in which the session laws and concurrent resolutions shall be published. The Secretary of State also designates one additional newspaper in each county of over 100,000 inhabitants in which the concurrent resolutions are also published. There are a few exceptions to the above general provisions. In New York County there are four newspapers, two chosen by the members of each of the two principal political parties represented in the Board of Aldermen. Two of these newspapers must be published in the Bronx and two in Manhattan. For the County of Queens and the County of Richmond the Secretary of State designates the newspapers upon the nomination of the county committees of each of the two principal politi- cal parties. The County Law,:!: makes the following remarkable requirement with reference to the selection of newspapers for publishing the session laws * Section 48 of the Legislative Law. ■ t Section 48. i Section 20. 386 Repoet of Reconstsuotion Commission and concurrent resolutions : " Regard being had to the advocacy by such paper of the principles of its party and its support of the state and national nominees thereof; and to its regular and general circulation in towns of the county." It states also that naembers of the Board of Supervisors in making selections shall choose those papers " fairly repre- senting the parties to which they belong." The Secretary of State in designating the additional newspaper for the publishing of concurrent resolutions must choose with reference to the paper having the largest circulation in the county. Newspapers having been selected by the two groups of members of the Boards of Supervisors and the substitute agencies provided in ISTew York City, it is the duty of the Secretary of State to designate such newspapers and to send to them general and local laws as passed by the Legislature. Copies of these laws are also sent to the County Treasurer, who causes them to be published within ninety days after the publisher receives them. Marked copies of the newspapers are then sent to the Secretary of State. The bills for publishing are paid by the Treasurer of the State upon the approval of the Secretary of State and a warrant of the Comptroller. The concurrent resolutions which propose constitutional amendments must be printed in each designated paper weekly for thir- teen weeks. Local laws (laws affecting a local area or for a local purpose and not state-wide in scope) are only published in those counties af- fected by them. General laws are published in all designated papers. Both general and local laws are published once only. Concurrent resolu- tions must be published once three months before the general election and twice during each of the intervening three months. The Legislative Law* already referred to, fixes the following rates to be paid for publishing session laws and concurrent resolutions: General laws, 30' cents for each folio of 100' words; local laws, a rate from 25 cents to 50 cents, as the local Boards of Supervisors may decide. An amendment to this law was passed in 1919 f which provides that in counties containing wholly or in part a city of the second class, the charge for publication of both general and local laws and concurrent reso- lutions shall be " at the rate of 6 cents per agate line of a column with not less than 12% ems for each insertion." This is approximately at the rate of 84 cents per folio, certainly a very substantial increase over the other rates fixed by law. The cost of publishing all local laws is met by the counties affected. * Section 48 fActs 1919, Chapter 620. State Feinting 38T The purpose of publishing the session laws and concurrent resolutions ia newspapers designated as described above, was apparently to insure publicity concerning the work of the Legislature. As a matter of fact, the material which is published is seldom read and there is no need of spend- ing $250,000 annually for this purpose. The same purpose would be better served by having the State publish a weekly bulletin or record which would be on file at all public libraries, chambers of commerce, central labor union headquarters and similar places where it would be accessible to anyone. There is a less obvious but more far reaching evil attached to the present practice in the payment of funds by the State to newspapers which are selected because of their party regularity. The present practice contributes toward making local papers " safe " journals, muzzled and prevented from criticizing the candidates or policies of the party in any way. It also encourages local newspapers to " lobby " the Legislature for higher rates for publishing. It is difficult to understand why there should be different rates for newspapers in counties containing wholly or par- tially cities of the second class. The difference, it may be recalled, is considerable, and the wording of the amendment serves to conceal this from laymen. Summary of Recommendations 1. The present Printing Board will be abolished. The Comptroller as State Auditor will have nothing to do with letting contracts. This is not properly a function of the Attorney-General or of the Secretary of State. Since there is provided in the Depart- ment of Taxation and Finance, a Bureau of Furchasing to install and operate so far as practical central purchasing methods, the present functions of the Printing Board insofar as they are retained will be transferred to this bureau. Preparation of specifications, let- ting of contracts and inspection of all printing, advertising, and publication will be centralized here. All appropriations for these purposes will be made to the Bureau of Purchasing. 2. The standardization of departmental reports and bulletins, a new function, will be performed by a Supervising Editor in the Bureau of Administration attached to the Executive Department. (See Part II, Chapter 1.) This agency also prepares the budget, is in the closest touch with the work of all the departments and the re- sults accomplished, and is in the best position to advise on the amounts to be appropriated for department printing. An arrangement similar to this operates successfully in the Com- monwealth of Massachusetts. The Office of the Supervisor of Ad- 388 Repoet of Reconsxeuction Commission ministration prepares the budget for the Qiovemor before its sub- mission to the General Court (Legislature), andlj in that office there is a Director of Publications who has full authority to edit all departmental reports and to eliminate uimecessary matter. Appropriations for departmental printing will be paid out by the Department of Taxation and Finance only on the approval of the Bureau of Administration. The Supervising Editor in the Bureau of Administration will by conference if possible, and otherwise by the Governor's order elimi- nate unnecessary material and standardize the form of reports with a view to producing compact, clear statements of the work of the de- partments. He will make efforts to have all annual reports appear at approximately the same time, and not later than February 1 of each year. 3. Abolish the printing and advertising of session laws and so far as practical of official notices and publish these in a State Record to be issued weekly or bimonthly through the Bureau of Adminis- tration. This State Record will include in addition to these items, proceedings, calendars and notices of meetings of committees of the legislative boards, civil service examinations and other announce- ments. Boston has its Municipal Record and New York City its City Record which serve these purposes. All contracts for publishing such a State Record will of course be made by the Bureau of Purchasing in the Department of Taxa- tion. 4. The State will publish only the reports of its own official agencies and not those of any private or quasi public agency unless such reports are published as part of the annual report of one of the regular state departments. 5. These recommendations require only statutory revision. PART VII CONSTITUTIONAL AMENDMENTS DRAFT OF PROPOSED CONSTITUTIONAL AMENDMENT PROVIDING FOR THE ESTABLISHMENT OF AN EXECUTIVE BUDGET Concurrent resolution of the Senate and Assembly proposing to amend sections twenty-one and twenty-two of Article three of the Constitution, in relation to the establishment of a budget system in the state. Section 1. Resolved (Senate or Assembly concurring), that sections twenty-one and twenty-two of Article three of the Constitution be amended to read as follows: § 21. No money shall ever be paid out of the treasury of this state or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law.[; nor unless such payment be made within two years next after the passage of such appropriation act ; and every such law making a new appropriation or continuing or revis- ing an appropriation, shall distinctly specify the sum appropriated and the object to which it is to be applied ; and it shall not be sufficient for such law to refer to any law to fix such sum.] All appropriations or bal- ances of appropriations remaining unexpended or unencumbered at the end of the fiscal lyea/r for which they a/re made,, except appropriations- for the purchase of lamd, or the erection of buildings and new c(ynstruc-> tion shall revert to the State treasury. Appropriations for the purchase of land, buildings and new construction shall continue in force until the attainment of the object or the completion of the work for which sucU appropriations are made. § 22. [No provision or enactment shall be embraced in the annual appropriation or supply bill unless it relates specifically to some particu- lar appropriation in the bill ; and any such provision or enactment shall be limited in its operation to such appropriation.] All money shall be appropriated oid of the State treasury in accordance with the following provisions: ' Sub-Section A. On or before the fifteenth day of November annually, all departments, boards, commissions, offices, institutions, societies, agen- cies, projects and persons, including the legislature and the judicia/ryr requiring or ashing appropriations from the state, shall submit to the governor upon blanks furnished by him, estimates of their financial needs for the next ensuing fiscal year. The governor shall provide unv- form estimate blanks which shall cleaa-ly set forth the form and cha/racter of information required in the preparation of the budget. He shall adopt a budget classification and shall require all estimates to he itemized amd Explanation: Matter in italics is new; matter in brackets [ ] is present constitu- tional provision to be omitted. 392 Report of Eeconsteuction Commission classified in accordance therewith. At the time of receiving the estimates of expenditures, the governor shall secure esthnates of all anticipated revenues of the state for the fisoail year next ensuing. The governor, together with such administrative officers as he may designate, shall carefully review all estimates, hath of expenditures and of revenues, and shall prepare and make avaiXahle to the public a tentative budget of said estimates. He shall then provide for public hearings on sand tentative budget, at which he may require the attendaaice of repre- sentatives of all departments, boards, conmissions, offices, institutions, societies, and- agencies requesting appropriations from the state, or he may hear any person interested im the estimates under consideration. Upon the conclasion of such public hearings the governor shall, in his discretion, revise all estimates of expenditures before their inclusion in the budget. On the first da/y of February next succeeding the gov&mor shall present the budget to the legislature, and he may at this time call a joint session of both houses and address sv,ch session relative to the im- portant features of the budget amd the general financial condition of the state. The budget shall contain a complete plan of proposed expendi- tures and estimated revenues for the fiscal year next ensuing. The pro- posed expenditures shall be fully itemized and classified by comparison units. The budget will shoiv in comparison with each item of the pro- posed expenditures the amount appropriated and the amownt actually expended for the last preceding fiscal year, also the amount appropriated for the current fiscal year. The budget shall include (1) a statement of the current assets, liahilities, reserves and surplus or deficit of the state; (2) a statement of the debts and funds of the state; (3) an estimate of the state's financial condition as of the beginning anS end of the fiscal year covered by the budget; (4) a statement of the annual and estimated revenues and expenditures for each of the two fiscal years next preceding that covered by the budget; (5) a statement of any measures of taxation which the governor may think necessary to propose for increasing the state's revenues to meet the proposed expenditures of the budget; and (6) a statement of any proposed bond issues by the state, giving the amount, term and purpose of such bonds and the requirements to "be attached to their assistance. The governor shall at the time of presenting the budget to the legislature submit a bill containing the proposed appropriations of the fiscal year coveredt by said budget, which proposed appropriation shaM be arranged according to the budget classification adopted by the governor. Immediately upon the presentation of such bill to the legis- lature the presiding officer of each House shall cause said bill to be intro- duced therein, and such bill shall be known as the " budget bill ". The COBTSTITUTIONAL AMENDMENTS AMD LEGISLATION 393 governor may, with the consent of mid before final action hy the legis- lature, amend or supplement the budget bill. Sub-Section B; Budget Bill. Immediately after the introduction of the budget bill as provided above the standing committees of both Houses in charge of appropriation measures shall begin to consider the budget bill, and shall sit jointly in open sessions while so doing. At any time during the consideration of the budget bill the governor shall have the right, and it shall be his duty when requested by the legislature, to appear before the legislature or any committee thereof, and' to be heard or to answer questions in respect thereto. The legislature shall have the power- to summon before it any administrative officer to answer questions con- cerning any items or item of the budget bill. If the legislature shall fail to make final disposition of the budget bill at least ten days before, the end of the regula/r session, it shall not thereafter consider any measures except emergency appropriation bills, as in this sub-section defined, until it shall have acted upon the budget bill. The legislature shall not alter or amend the budget bill as presented by the governor except by striking out or reducing items thereof. The budget bill when passed by both houses of the legislature shall be a law immediately without further action by the governor. 2. Supplementary Appropriation Bills. Neither house of the legis- lature shall consider other appropriations, except emergency appropri- ations as hereinafter provided, until the budget bill proposed by the governor shall have been finally acted upon by both Houses; and no such other appropriation shall be valid except in accordance with these provisions: (1) Every such appropriation shall be embodied in a separate bill for a single work or object therein stated and called herein a " sup- plementary appropriation bill"; (2) Each supplementary appropriation bill shall provide the revenue necessary to pay the appropriation thereby made by a tax, to be laid and collected as shall be directed in said bill, unless it appears from the budget that there is sufficient revenue avail- able; (3) No supplementary appropriation bill shall become a law unless it be passed in each House by a vote of a majority of the whole nwmber of the members elected and the yeas wnd nays recorded on its final passage; (4) Each supplementa/ry appropriation bill shall be approved by the governor as provided in Section 9, of Capital Art. IV of the Con- stitution. All supplementary appropriation bills shall be itemized in accordance with the governor's budget classification. 3. Emergency Appropriation Bills. In case of an emergency the governor shall present to the legislature an appropriation bill or bills, providing for the expenditures needed to meet such emergency, and shall 394 Eepoet of R^3f'o:^^STEUCTIo?T Commission recommend the immediate passage of the same. Any such bill shall be hnown as an " emergency appropriation hill ". The legislature may amend any emergency appropriation bill by increasing or decreasing the items contained therein, subject to the approval of the governor, as pro- vided in Section & of Article IV of the Constitution. Sub-Section C. The governor shall have the power to authorize am. examirvaiion of the boohs and records, or to mahe a survey of the worh of any or all departments, boards, commissions, offices, institutions, societies and agencies receiving or requesting appropriations from the State. He shall also have the power to require all departments, boards, commissions, offices, institutions, societies and agencies receiving money from the State to install and' keep such boohs and records as he may deem necessary to supply full and accurate information relative to their operation and financial management. APPENDIX A REPORT TO RECONSTRUCTION COMMISSION OF THE STATE OF NEW YORK ON REORGANIZATION OF STATE GOVERN- MENT BY THE ADVISORY ENGINEERING COMMITTEE APPOINTED BY ENGINEERING COUNCIL EEPORT TO RECONSTRUCTION COMMISSION OF THE STATE OF NEW YORK ON REORGANIZATION OF STATE GOVERNMENT BY THE ADVISORY ENGINEERING COMMITTEE APPOINTED BY ENGI- NEERING COUNCIL. July 17, 1919. Hon. Abeam I. Elkus, Chairman^ Becoristruction Commission of the State of New York, Hall of Records, Mcmhattan, New- York: Dear Sie: 1. In the matter of reorganization and consolidation of the existing state departments, boards and agencies, approximately 184 in number, and with respect to the establishment of a proper budget system for the State of New York, the Advisory Engineering Committee appointed by the Engineering Council has carefully considered the information placed before it by you and your representatives. 2. This Committee has studied the organization now in existence and also the proposed reorganizations along each of two general lines, sug- gested by the Committee on Retrenchment, of which Mr. Marling is chairman, namely: (a) Reorganization of the government of the State of New York, involving constitutional amendment and statutory revision. (b) Reorganization of the government of the State of, New York, involving statutory revision only. 3. The organization of the state government should secure two general results, namely, a policy responsive to public opinion and an efficient management of the business of the State. For policy, the Governor as Chief Executive should be held responsible. Responsibility for efficient administration also should be definitely placed upon the Governor. As concentration of authority and responsibility is essential, the Governor should be given authority to put his views into effect, subject to necessary legislative action. 4. Efficient management of the business of the State involves organiza- tion changes which will enable the Governor to appoint heads of a limited number of departments reporting directly to him. Under these should be grouped the necessary bureaus or other agencies. 5. Paralleling the growing custom of municipalities to appoint city managers, consideration has been given by this committee to the question of a state manager, but it is concluded that the time is not yet ripe for such a step and will not be until the various departments, boards, com- missions and other agencies are coordinated into a more orderly organiza- tion than now exists. 398 Repoet of Eeconsteuction Commission 6. Any change in the elective officers of the State necessitates a con- stitutional amendment. 7. Judging by experiences of our own federal government and other govermnents, we are of the opinion that it would he feasible to place all responsibility as to administration of state affairs upon the Governor, whom the electorate would elect, together with the Legislature, the Judiciary and a Department of Audit and Control. 8. Tho practicability of the first of the above forms of reorganization of the state government depends largely upon public opinion and the adequacy of a campaign of education of the voters with this particular end in view. Differences of opinion in this respect now exist and doubt- less will continue to exist. The merits and demerits of the proposition are closely associated with the selection of a right or wrong type of man as Governor. On the whole this Committee concludes that if the electorate of the State is prepared to adopt the necessary amendments to the state Constitution it is reasonable to assume that it will be adequately watchful in the selection of the right type of man for Governor. 9. Some have felt that the time is not ripe for placing so much respon- sibility upon the Governor as involved in the procedure last stated. This is based upon the contention that, in the event the wrong type of man be selected as Governor there might be great difficulty in presenting charges effectively for his removal. 10. Should constitutional amendment prove not attainable in the early future, then it is the view of this Committee that the Governor should be invested with sufficient authority in the management of State affairs to make him responsible to the electorate for the results accomplished. In addition to the department heads appointed by the Governor there would be elected enough state officers to act as a checking influence upon the Governor, and also to allow various sections of the State to be represented in the state administration. 11. With this object in view, Mr. H. de B'. Parsons, on behalf of .this committee, has prepared an organization chart for the administration of the State which would require no constitutional amendment, but which would require statutory revision in order to place it in operation. It is based upon the election of the same number of officers as now provided, and the appointment by the Governor of heads of fourteen departments under whose control should be coordinated the needed bureaus for the detailed administration of their affairs. 12. The elected officers would be the heads of certain departments and their duties would consist primarily of those functions set forth by the present Constitution. Report to Reconsteuctiow Commission o'J'J 13. The new departments would be headed by officers appointed by the Governor. In defining the several departments and in grouping bureaus thereunder statutory revision should be effected with the greatest care to prevent overlapping of jurisdiction on the one hand and to guard against lapses in jurisdiction on the other. 1-i. This Committee believes that all financial accounts should be audited by the State Comptroller. 15. The Governor should have a cabinet or advisory council, consisting of the heads of departments appointed by him, and the duty of such cabinet would be to aid him in coordinating and harmonizing the various functions of the State. 16. A two-year term of office of the Governor is too short in the opinion of this Committee, which believes that the term should be extended to four years. 17. This Committee is firmly of the opinion that at the earliest prac- ticable date an effective State budget system should be installed in the interests of efficiency and economy. 18. We have noted the impracticability of establishing a proper budget system unless coordination is provided for the existing departments, boards, commissions and other agencies created from time to time by legislative act. Under the present plan unsatisfactory performance appears inevitable, owing to division of powers, absence of initiative and lack of coordinated supervisory control with respect alike to policy, admin- istration and disbursements. Budget Bureau. 19. It should be the function of the Governor to submit each year to the Legislature a state budget. The details should be prepared for him by the heads of the several departments and the Governor should act as reviewing officer. 20. This Committee believes that the persons best qualified to estimate the expenditures during a coming year for the needs of the State are those who are familiar with the State's program and who are charged with the responsibility for expenditures authorized. In order that there shall be agreement, this Committee would place full responsibility on the Governor for the budget, with department heads affording him such assistance as is needed. 21. A successful budget system should provide some elasticity to permit efficient working which is bound to be affected somewhat by elements beyond the control, in advance, of any official. Such elasticity should involve no waste of public funds, but should allow appropriations to be used to the best advantage of the State. 400 Bepoet op Eeconstbuction Commission Department of Public Works. 22. This Cominittee believes that the construction work of the State should be placed under a Department of Public Works. This department would have a Bureau of Engineering, a Bureau of Architecture, a Bureau of Highways and a Bureau of Canal Administration. 23. Each bureau should have its own Division of Records aad of Accounts, with the accounting standardized and audited by the State Comptroller. 24. It is the Cormnittee's opinion that all new and large engineering and architectural projects should be handled by engineers and architects of wide experience and recognized standing, and that the Bureau of Engineering and the Bureau of Architecture should merely do the routine work of the State. 25. To permit engineering activities to be managed effectively the organization requires, as is true of all lines of complicated administration work, that adjustments be made carefully to guard against overlapping and lapses of jurisdiction, and also that recognition be given to funda- mental principles, as follows: a. ISTo man in immediate charge of work should be given respon- sibility beyond what may be reasonably expected as regards the range of types of tasks which one man can look after with the aid of proper assistants. b. The organization as a whole should be such that the man in final authority, in respect to the policy, finances, labor, materials and other controlling items, can be reached without delay by the man in immediate charge of any enterprise. 26. This Committee is firmly of the opinion that for large enterprises to be handled efficiently it is necessary to adhere to the fundamental prin- ciples above stated. In the absence of such organization arrangements, dif- ficulties are bound to arise due to the nonfunctioning of subordinates, who have neither jurisdiction themselves nor ready access to those possessing such authority. Lack of accessibility to the man in authority on the part of those actually managing detailed work results in pigeon-holing, with attending delay erroneously assumed to be required by the red tape of government formalities. Remarks and Suggestions. 27. This Committee has discussed a number of engineering activities, including some which may be reasonably assumed to be part of the program of the State of !N"ew York in the early future. Our information is not complete by any means, but we jot down present comment, as follows : Eepoet to Reconstruction Commission 401 State Department of Health. 28. It is proper for this department to have its own Division of Sani- tary Engineering, which should be given the task of passing upon the reasonableness of all purification arrangements for the treatment of public water supplies, sewage and drainage. Matters of quality of public water supply should be under the jurisdiction of the State Department of Health, and matters of quantity and source of supply should be under the jurisdiction of the Department of Conservation. Conservancy Boards 29. Conservancy boards, sewerage or drainage districts, and joint water districts, judging by experience elsewhere, will be formed in the future. The main point is to see that water or sewerage or drainage districts are formed in compliance with a well-defined plan and policy of the State, providing for the solution of local problems by local authorities, but with adequate protection of neighboring localities. Kiver Gleaning. 30. Some of the rivers of the State show objectionable amoimts of rubbish and other objects, and it is the belief of this Committee that steps should be taken to keep these waterways clean by procedure which may be likened to street cleaning as conducted by local authorities. Local agencies for conducting river cleaning should be established under state regulation. General Considerations. 31. As time progresses some of the elective officers may be dispensed with. If so, the elimination of such officers could be effected by a con- stitutional amendment and their duties concentrated, either under those officers who are retained or under the proper departments. 32. This Committee believes that many consolidations of the bureaus shown on the attached chart can be mad«. Such consolidation would be in the line of simplification. It is possible that some of the bureaus could be entirely abolished without sacrifice, of state efficiency. We are not sufficiently familiar with all the details to make any definite sug- gestion at this time. 33. Bureau heads and bureau organizations should be permanent, while all the department heads could be appointed by a new Governor. The bureau heads could be removed on charged, but not necessarily changed every time a new administration takes office. 34. This Committee makes at this time no recommendation in respect to salaries, but it is obvious that to insure efficient service and best results 402 Kepoet of Reconstbttction Commission for the State the salaries should be adequate to secure officials fully quali- fied by ability and experience. 35. Encouragement should be given to periodic Congresses of State Governors. There are many matters such as conservation of water, con- servation of forests, automobile legislation, divorce laws, etc., of which some are of interest to all states, while others are of importance only to groups of adjacent States. A Congress of Governors meeting say every two years could be a forum for the presentation and discussion of topics common to all States. Such discussions should lead to uniform drafts of bills, which each Governor could bring back with recommendations to his own State. This work would be a function of the Governor. Yours respectfully, GEOEGE W. FULLER, Chairman, PAUL G. brow:n^, GEORGE F. KUNZ, H. DE B. PARSONS, L. B. STILLWELL, Advisory Engineering Committee. APPENDIX B LIST OF PRESENT STATE DEPARTMENTS, COMMISSIONS AND OTHER AGENCIES LIST OF PRESENT STATE DEPARTMENTS, COMMISSIONS AND OTHER AGENCIES The following is a list of tlie 187 present state departments, commis- sions and agencies: Adjutant General. Agricultural Experiment Station, Trustees of New York Agricultural and Industrial School. Agriculture, Advisory Board for Promotion of. Agriculture, College of — Cornell University. Agriculture, State School of — Alfred University. Agriculture, State School of — Farmingdale. Agriculture and Domestic Science, State School of — Delhi. Agriculture, State School of — Morrisville. Agriculture, Stat© School of — St. Lawrence University. Agriculture, Schoharie State School of — Cohleskill. Aid, State — for places of private and semi-public custody. Aid, State — for blind, deaf and dumb (colleges). American Scenic and Historic Preservation Society. Architecture, Department of. Armory Commission. Attorney-General. Banking Department. Battle Island Park. Bennington Battlefield. Bill Drafting Commission. Binghamton State Hospital, Board of Managers of. Blind, New York Institute for the Education of the. Blind, New York State School for the. Blind, State Aid for — in certain institutions. Blind, State Commission for the. Bridge and Tunnel Commission, New York State. Bridge Commission, Interstate. Brooklyn State Hospital, Board of Managers of. Budget Committee, Legislative. Bronx Parkway Commission. Buffalo State Hospital, Board of Managers of. Buildings, Trustees of Public. 4;06 Report of Reconsteuotion Commission Canal Board. Canal Fund, Commissioners of the. Canvassers, State Board of. Central Islip State Hospital, Board of Managers of. Central Supply Committee. Charities, State Board of. Charity Building Improvement Commission. Civil Service Commission. Classification, State Board of. Clay Working and Ceramics, N. Y. State School for — Alfred University. Clinton House. Comptroller. Conservation Commission. Craig Colony for Epileptics, Board of Managers of. Crippled and Deformed Children, N. Y. State Hospital for Treat- ment of. Crown Point Reservation. Deaf, Albany Home School for the Instruction of the. Deaf and Dumb, Central 'New York Institution for the Instruction of the. Deaf and Dumb, New York Institution for the Instruction of the. Deaf Mutes, Institution for the Improved Instruction of. Deaf Mutes, Lecouteulx St. Mary's Institution for the Improved Instruction of. Deaf Mutes, St. Joseph's Institute for the Improved Instruction of. Deaf Mutes, Western New York Institution for. Defectives, Board of Examiners of Feeble-Minded Criminals and Other. Defectives, Newark State School for Mental — Board of Managers of. Defectives, Rome State School for Mental — Board of Managers of. Defectives, Syracuse State School for Mental — Board of Mana- gers of. Defectives, State Commission for Mental. Elections, State Superintendent of. Embalming Examiners, Board of. Engineer and Surveyor, State. Equalization, State Board of. List of Present ;Statb Departments, Etc. 407 Excise Department. Executive Departnaeat. Fair Commission, State. Farms and Markets, Department of. Fire Island State Park, Commission on. Fire Marshal, State. Fiscal Supervisor of State Charities. Forestry, Board of Trustees of the College of. Fort Brewerton. General Herkimer Home, Commissioners of the. Geographic Names, Board of. Gowanda State Hospital. Grand Army of the Eepuhlic. Grant Cottage. Harbor Masters. Health, Department of. Health Officer, Port of New York. Highways, Department of. Hospital Commission, State. Hospital Development Conmxission. Hudson River State Hospital. Insurance Department. International Sunshine Society. John Boyd Thatcher Park. Kings Park State Hospital. Labor Department of. Lake George Battlefield. Land Office, Commissioners of the. Law Examiners, State Board of. Legislation, Commissioners for Promotion of Uniform — in U. S. Letchworth Park. Letchworth Village, Board of Managers of. Library, Legislative. Library, Court of Appeals Law — Albany. Library, Court of Appeals Law — Syracuse. Library, Supreme Court Law — 2d District, Brooklyn. 408 Repoet of Eeconstetjotion Commission' Library, Supreme Court Law — 3d District, Long Island City. Library, Supreme Court Law — 3d District, Kingston. Library, Supreme Court Law — 3d District, Troy. Library, Supreme Court Law — 4th District, Saratoga Springs. Library, Supreme Court Law ^ 5th District, Utica. Library, Supreme Court Law — 5th District, Watertown. Library, Supreme Court Law — Gth District, Binghamton. Library, Supreme Court Law — 6th District, Delhi. Library, Supreme Court Law — 6th District, Elmira. Library, Supreme Court Law — Gth District, Norwich. Library, Supreme Court Law — 8th District, Buffalo. Library, Supreme Court Law — 9th District, ISTewburgh. Library, Supreme Court Law — 9th District, Poughkeepsie. Library, Supreme Court Law — 9th District, White Plains. Library, Supreme Court (Appellate Division) , 1st Department, !N"ew York. Library, Supreme Court (Appellate Division), 2d Department, Brooklyn. Library, Supreme Court (Appellate Division), 3d Department, Albany. Library, Supreme Court (Appellate Division), 4th Department, Kochester. Lieutenant Governor, Office of. Long Island Waterway Improvement Board. Malignant Diseases, Institute for tfie Study of. Manhattan State Hospital. Meagher's Irish Brigade Monument Commission, Middletown State Hospital, Board of Managers of. Military Training Commission. Mohansic Lake Reservation, Commissioners of the. Montcalm Park. Monuments Commissiony "Nevr York. Narcotic Drug Control, Department of. National Guard, New York. Nautical School, Board of Governors of New York. Naval Militia. Newtown Battlefield Commission. Niagara Reservation Commission. List of Peesent State Depaetments, Etc. 409 Palisades Interstate Park Oommission. Parole for State Prisons, Board of. Pension Commission. Phillipse Manor House. Police, Department of State. Port and Harbor Development Commission, New York-New Jersey. Port Wardens, State Board of. Printing Board, State. Prison Association of New York. Prisons, State Commission of. Prisons, Superintendent of State. Probation Commission, State. Public Service Commission — First District. Public Service Commission — Second District. Public Works, Superintendent of. Racing Commission, State. Eef ormatory for Women, Board of Managers of New York. Eeformatory for Misdemeanants, Board of Managers of New York State. Kef ormatory. Board of Managers of New York State — Elmira and Eastern New York State Reformatory — Napanocb. Refuge, House of. Reporter, Miscellaneous. Retirement, Board of (officers and employees of state Hospital system). Rochester State Hospital. 'Salary Classification Oommission. Scbuyler Mansion, Trustees of. Secretary of State. St. Lawrence State Hospital. Sir William Johnson Mansion. Soldiers' and Sailors' Home, New York State. Spy Island. Statutory Consolidation, Board of. Stony Point Reservation. Tax Department, State. Taxation, Commission on State and Federal. Thomas Indian School, Board of Managers of. 410 Repokt of RECosrsTBUCTioiir Commissiow Training School for Boys, Board of Managers of State. Training Sehool for Girls, Board of Managers of New York Transit Construction Commission. Treasurer, State. Tuberculosis, l^ew York State Hospital for Treatment of Incipient and Pulmonary. United Spanish War Veterans. University of the State of New York. Utica State Hospital. Vagrants, State Farm for. Veterinary College, State. Voting Machines, Commissioners to Examine. Washington's Headquarters, Trustees. of — Newburgh. Watkins Glen Eeservation. West Side Improvements, Commission on. Western House of Refuge for Women, Board of Managers of. Willard State Hospital. Woman's Relief Corps Home, New York State. ■j-.'.:':Tf..:..