BULLETIN EXECUTIVE DEPARTMENT EDUCATIONAL REFORM AND A NEW CONSTITUTION ADDRESS DELIVERED BY EMMET O'NEAL Governor of Alabama BEFORE THE SOCIETY OF THE ALUMNI OF THE UNIVERSITY OF ALABAMA, AT TUSCA- LOOSA, JUNE 2, 1914. 1914 Brown Printing Co. Montgomery. BULLETIN EXECUTIVE DEPARTMENT EDUCATIONAL REFORM AND A NEW CONSTITUTION ADDRESS DELIVERED BY EMMET O'NEAL Governor of Alabama BEFORE THE SOCIETY OF THE ALUMNI OF THE UNIVERSITY OF ALABAMA, AT TUSCA- LOOSA, JUNE 2, 1914. 1914 Brown Printing Co. Montgomery. jyi 3 r- o M R. To A ST M A ST K K : The annual banquet of this association is not *a mere social function where friendships are renewed and the pleasures of the festal-board enjoyed. More important than its social features, is the fact that it gathers together in annual council the friends of the L^niversity, to consider its interests, discuss its problems and promote its welfare. At these annual ban- quets, we renew our loyalty and increase our zeal in the service of our Alma Mater. Those who gather here are largely the leaders of educational thought in the State, and hence, these annual meetings constitute a potent force in mak- ing for progress and the formation of a sound opinion as to our educational conditions and needs. Under the wise administration of Dr. Denny, the University has made steady progress. During the past two years the enrollment of students has increased from three hundred and ninety to six hundred and eighteen, and considering the re- sources at his command no other American college is able to furnish a record more brilliant. Yet, as Dr. Denny truth- fully states "without additional teaching force and dormitories we have about reached the limit of our progress." In his admirable and masterly report, which will be presented to the Board of Trustees on tomorrow, Dr. Denny states that "I find the amount of money unconditionally appropriated to the University under fixed statutes materially smaller than is the case in any other tax-supported University in the nation." What, then, is the cause of this condition? Is there no rem- edy? Has the State reached the limit of its resources in providing for the needs of our higher institutions of learning? If so, further discussion would be unnecessary, but I am unable to reach such a conclusion. No State in the South possesses such unrivaled resources as Alabama. It is to-day a wealthy and prosperous commonwealth, and the possibilities of future development in industrial and agricultural fields are almost without limit. The conditions that exist then are not due to our poverty, but to causes which can be removed by just and wise legislation. The University of Alabama is the head of our educational institutions. It largely determines our educational standards and must continue to exercise a potent influence upon our educational progress. Where the resources of a State are so limited or meager that it cannot maintain both fundamental education and higher institutions of learning, then I concede that its first duty w^ould be to properly maintain that funda- mental or elementary education which aiTects the interest of all of its citizens. No one, however, will contend that Ala- bama with its wealth and resources is not able to properly maintain both elementary and secondary schools and higher institutions of learning. No State in the Union contributes more from its general taxation for elementary education than Alabama. Over sixty- nine per cent, of all the appropriations the common schools receive, comes from the State Treasury. If this was supple- mented by a system of local taxation, both county and school districts, encouraging both local initiative and effort and stim- ulating local pride, our elementary schools would at once commence a new era of progress and development. The pri- mary cause of the present educational conditions in Alabama is due to the fact that in their mistaken zeal for education our Legislatures, during the past quarter of a century, instead of strengthening and increasing facilities of existing institu- tions, have sought to establish too many new institutions, relying upon State aid. As I have heretofore said, "the State needs one University, but not two." It needs one or two Normal Colleges and not six or eight." With elementary schools properly maintained and super- vised, with our high schools in each county, with two normal colleges provided with sufficient appropriations to maintain a sufficient teaching force and equipment, with the State Uni- versity, the Alabama Polytechnic Institute and the Alabama Girls Industrial School, our educational system would be com- plete. Before Alabama then can make the greatest possible progress our entire educational system should be revised, harmonized and coordinated, so as to prevent unnecessary duplication and waste and secure the greatest possible economy and efficiency. Under the present system many of our normal schools only perform the functions of local high schools. In addition there are nine agricultural colleges, largely doing the work of high schools or local elementary schools. Can any one deny that one University, one normal college, and one technical school for each sex, adequately supported, could render incomparably better service to the State than a large number of such institutions insufficiently supported and at every session of the Legislature clamoring for aid. Dr. Denny clearly summed up the whole situation when he de- clared that "a prompt and clear recognition of the value of concentration of effort is essential, and that institutional parti- sanship, local pride and unreasoning sentimentality should be definitely subordinated." I seriously doubt, however, whether we can attain our ideal or secure that concentration of effort and resources, that complete harmony of all the different parts of our educational system, that prevention of duplication and waste, that subordination of institutional partisanship, local pride and unreasoning selfishness, without a complete revi- sion of our fundamental law. We recognize that the State cannot afford to subsidize rival schools in preparing teachers, rival schools in engineering, rival schools in technical education or agriculture, and yet the difficulty is to change present conditions. With our Legisla- ture, as it is now constituted, the local members generally consider the interests of his immediate county or senatorial district, as of paramount importance, and any effort to make these reforms, which we know are essential to our permanent educational progress, will meet the opposition of powerful and influential political interests. I believe, therefore, the first and most important step to improve educational conditions in Alabama would be the con- vening of a Constitutional Convention to revise our present antiquated fundamental law. The Constitution of 1875, which 6 was adopted when the State was just emerging from the shadows of reconstruction, was intended primarily to prevent the recurrence of conditions which had followed in the wake of civil war and the reconstruction era. Its chief purpose was to place constitutional inhibitions on legislative power, to re- duce expenditures and make impossible the renewal of that Saturnalia of misgovernment and extravagance which during the reconstruction era had brought the State to the verge of bankruptcy and governmental chaos. The Constitutional Convention of 1901 was called for the paramount purpose of reforming the suffrage and removing from our electorate the menace of an ignorant and purchas- able vote. Little consideration was given to other matters of reform, and hence the Constitution of 1875 which had beerl^ framed to meet conditions which can never again exist, was practically readopted. The wise solution of the suffrage ques- tion is a monument to the ability and foresight of the mem- bers of that historic body, but in many of the provisions that now exist the powers of the State are hampered, and no real or permanent progress is possible until it is revised and adapted to meet present conditions. lender the Constitution as it now exists, -the State is denied the right of engaging in internal improvements, of building a single mile of pike road or using its convicts for road improvement, or providing suf- ficient revenue to maintain its larger cities and towns. The State is denied the right practically to tax inheritances, a source of much revenue to about forty States in the Union. The present Constitution has checked our educational growth by denying the counties and school districts the right to sup- plement State aid by local taxation. Every student and au- thority on elementary education admits that no permanently successful system of elementary education can be maintained that relies entirely upon State aid and not upon local taxation, initiative and effort. One of the wisest provisions of the Con- stitution of 1868 was the establishment of a State Board of Education with legislative powers. We ignored this and every other wise provision found in the Constitution of 1868 because partisan feeling was so intense that we were unable to recognize that any just or wise measure could be found in a constitution framed by men who were not the representa- tives of the dominant element of the State, and whose work had been repudiated by the people at the polls and adopted only by congressional legislation. Alabama is denied by the pres- ent Constitution the right to maintain a proper system of inspection of merchandise, of food-stuffs, or an adequate pure- food law by that provision found in the present Constitution which provides that no State office shall be continued or created for the inspection or measuring of any merchandise, manufacture or commodity. Prior to the Constitution of 1875 the State had always exercised the power to inspect merchandise and to create an office for that purpose. The abuse of this power during the era of reconstruction lead to the incorporation in the present Constitution of this provision. It is true that our Supreme Court has held that the only limitation on the Legislature by this provision of the Constitution is that no State office shall be created, but it is utterly impossible to secure proper inspection of medicines and drugs, of our manu- factured commodities, fertilizers, food and drinks, etc., unless that inspection is placed in the hands of competent men with an adequate salary. The principal evils of the present Constitu- tion is found in the numerous restrictions, limitations and re- quirements as to Legislative acton. It is almost impossible for the Legislature, under the present Constitution, to enact any law which cannot be attacked in the courts as unconstitu- tional. Its chief defect, however, in my judgment, is that it denies the people of the State the right of self-government. The experiment of quadrennial meetings of the Legislature has been tried and has proven a failure. The reorganization of our Legislative system along simpler lines by which its member- ship could be largely reduced, adequate salaries paid, and ses- sions often enough and long enough to do the public business and prevent unnecessary haste, would be one of the most im- portant duties of a new Constitutional Convention. There is pro- found distrust of the Legislature as now constituted, but by re- 8 tlucing the membership, by paying adequate salaries, by provid- ing that a certain proportion shall be elected from the State at large, the character and tone of our Legislative body could be elevated, and that important department of government made more responsive to the well-defined and intelligent public opinion of the State. I am not inclined to believe that we can safely rely upon the Legislature to give us that educational and judicial reform which the imperative needs of the State demand. In our effort to decrease the number of Judges and Solicitors, to abolish unnecessary offices and improve our educational system we can only expect powerful and influen- tial opposition, opposition strong enough ordinarily to domi- nate the Legislative body. As much as I am opposed to incorporating in the fundamental law provisions which are legislative in their character, I am convinced that it is only through a Constitutional Convention can we get a complete, wise and satisfactory reformation of our judicial and educa- tional systems. Our entire system of taxation needs revision. All thoughtful students of taxation are united in the opinion that the Legis- lature in dealing with this subject should not be hampered by a constitutional provision which undertakes to enforce uni- formity in all classes of taxation. Under the Constitution of Alabama there must be uniformity of taxation, that is, every species of property must be taxed at the same rate, real and personal. Such constitutional provisions as to uniformity of taxation have become obsolete and a large number of States now permit their Legislatures to classify property for the pur- poses of taxation. It is the consensus of opinion of all taxing authorities, that no just, satisfactory or scientific taxing sys- tem can be established in any State, without removing the constitutional provision requiring a uniform rate of taxation. Professor Ely. a noted authority on this subject says, "A one uniform tax on all property in direct taxation never has worked well in any modern community or State in the civil- ized world, though it has been tried thousands of times, and although all the resources of able men have been employed to make it work well." In 142 U. S. page 351, Justice Brewer said, "A system that imposes the same tax upon every species of property, irrespective of its nature, condition, or class, will be destructive to the principles of uniformity and equality in taxation, and of a just adaptation of property to its bur- dens." The attempt to tax all property equally, at a uniform rate upon its value, and by assessments made by owners has broken down completely in the case of personal property and especially in the case of intangible personalty. A forcible il- lustration of the benefits which result from giving the Legis- lature power to classify property is found in the experience of the State of Minnesota. For more than fifty years Min- nesota had been operating under a general property tax prin- ciple of uniformity and equality regardless of the nature and use of the property. At no time had that State succeeded in getting more than a small fraction of personal or intangible personal property on the tax rolls. Realizing the failure of the old system, after more than half a century of unsuccessful efforts, the Legislature of that State in 1911 enacted a law providing for the separate listing of money and credits and imposing a flat tax rate of three mills on the dollar in lieu of all other taxes. In 1910, the year before the new law became operative, the assessed value of money and credits amounted to $13,919,800; in 1911, the first year under the new law, the amount returned for taxation on money and credits was $llo,fi76,12(i, an increase of seven hundred and thirty-one per cent, over the preceding year. In 1912 the assessments of money and credits rose to $135,034,476, being, according to the report of the Tax Commission of that State, an increase of sixteen and seven-tenths per cent, over 1911, and 870 per cent, over 1910. A strict and rigid rule of abso- lute uniformity wherever required by a Constitution should be so amended as to permit specific treatment of certain classes of property, with proper restrictions against unfair discrimi- nation. The State of Alabama has title to the bed of every naviga- ble stream in the State, yet it has no power to utilize, in the H) interest of the people, any of our enormous water-power by the acquisition of riparian rights on account of the provisions of the Constitution which forbids the State from engaging in any work of internal improvement. In New York the Con- servation Commission of that State has acquired for the use of the State riparian rights on navigable streams so as to conserve that great asset for the benefit of all the people of the State. The numerous inhibitions, restrictions and limita- tions found in the present Constitution constitute a bar to progress and shackles the legislative power in its effort to give Alabama legislation capable of meeting presetit condi- tions and removing present evils. The executive power is hampered in carrying out the mandate of the Constitution to see to it that the laws are faithfully executed by being denied the power to appoint or control subordinate executive agents. The sheriff" of a county is but a subordinate executive agent, and yet the Chief Executive has no power to remove him from office for inefficiency or neglect of duty. Another serious defect in our present Constitution in the effort to improve our taxing system is the fact that collectors and assessors are constitutional officers elected by the people, subject to local influences, not subject to removal by the Governor or the State Tax Commission. In all those States that have ap- proached nearest in establishing just, equitable and wise meth- ods of taxation and a uniformity of assessments the assessors have been under the control of the State Tax Commission or the Governor and subject to removal for inefficiency or neglect of duty. Under the present Constitution the Governor of the State enters upon the discharge of his duty after the Legisla- ture has convened. He is expected to at once submit a mes- sage giving to the Legislature "information of the state of the government and recommending for its consideration such measures as he may deem expedient" in obedience to the mandate of Section 123 of the Constitution. Yet it is rather difficult to understand how the Governor-elect could give the Legislature information of the state of the government when he is without power at the time his message is prepared to 11 demand from the different departments of the State detailed information as to the needs of the respective departments. IJefore he has had any opportunity of famiharizing himself with the actual condition of the different State departments or before he has acquired that practical knowledge which alone comes from experience of necessary reforms in matters of legislation, he is ushered into office with the Legislature in session, and expected at once to submit to the law-making body practically all the reforms in legisb.tion which can occur during his administration. The Governor should have at least six months' experience in office before he is expected to acquire that practical knowledge of State conditions so essential to secure just and wise legislation. Therefore, the present provision of the Constitution should be amended and the Legislature assembled only after the new Governor has had ample opportunity to give careful study to the wants of the State and an opportunity to prepare such legislation as may be necessary to secure a wise and progressive adminis- tration. With a new Constitution, either the annual or bi- ennial sessions of the Legislature should be restored and the members of the Legislature elected every two years. Another evil which will exist as long as our present system remains unchanged, is that our higher institutions of learning must continue to clamor at every Legislative meeting for ad- ditional app-opriations. The result is a system of log-rolling and lobbying, appeals to local prejudices or local interests which can but result in making the appropriations for the higher institutions of learning unequal, leading to uncertainty, jealousy, rivalry, confusion and demoralization of our entire educational system. The wiser course would be to appropriate to the Univc-sity, to the z\labama Polytechnic Institute and the Alabama Girls Industrial School and the Normal Schools a uniform proportion or percentage of the taxable income of the State. The result of this system would be that as the State grew in wealth and population the income or annuity of these institutions would annually increase. With a new Con- stitution removing the present restrictions on legislative 12 powers in the matter of classification of property for taxation there would be no increase in the rate of taxation but our revenues would be largely enhanced by reaching property which now entirely escapes. With a new Constitution a State Board of Education could be established and our entire edu- cational system harmonized and administered with greater economy and efficiency. Moreover it is evident that the reforms which the thoughtful students of our educational system rec- ognize as imperative can best be secured through the agency of a Constitutional Convention. If we are to make real progress in Alabama we must adopt the policy of concentration, strengthen and enlarge the neces- sary institutions of learning which the State requires and aban- don the unwise policy of making appropriations from the State Treasury for every new institution of learning which any locality in the State may deem necessary for its local interest. With these reforms, with the proper system of local taxation, unnecessary burdens upon the State Treasury can be removed and the State enabled to make appropriations for the mainte- nance and support of the State University and higher institu- tions of learning commensurate with their importance and the wealth, dignity and power of the commonwealth. In all the reforms to advance and elevate our educa- tional system the people of Alabama must look for lead- ership to this institution and the Polytechnic Institute. Mr. Rryce in his American Commonwealth says that "there was a time in the latter part of the last century when colleg:e professors were denounced by professional politi- cians as "unpractical, visionary, pharasitical, kid-gloved, high- toned, un-American," because the impulse toward the im- provement of political methods, civil service reform and tariflf refo';m was coming from the universities and was felt in tne increased political activity of the better educated youth of the land." He truthfully states that "the new generation, many of whom now receive a university education, have been in- spired with a more serious view of politics than had prevailed with the richer classes since the Civil War," that their horizon had been enlarged, their patriotism tempered by a sense of 13 national short-comings and quickened by a higher ideal of national well-being." Wisconsin is one of the most progressive States in the Union. In the solution of all modern problems, in the regu- lation of railroads and public service utilities, in her taxing laws, her system of University extension, her State Tax Com- mission, her employers liability statutes and other progres- sive measures, her laws are recognized as models of their kind. Yet, in the preparation of all these wise and progres- sive laws, seeking to secure greater social justice, her university professors and graduates have exercised powerful influences, both in the creation of public sentiment and in the actual preji- aration of the bills. No State possesing her resources has been more prosperous, and this prosperity and these reforms are due more to the influence of her great university than to any other agency. I would have the University of Alabama exercise a similar beneficial influence in elevating public thought and inspiring higher civic ideals, in aiding in the wise solution of the taxing problems and other serious questions that afl^ect our future. I do not mean that I would have the University enter politics or as an organization seek to con- trol nominations or to become the partisan advocate of any candidate for office. Such a course would be as indefensible as it would be foolish and would justly provoke a storm of opposition which would jeopardize its future. The influence that I would advocate is that silent but powerful influence which every great institution of this kind, with its body of trained experts on governmental and economic questions, with its educated alumni, can and should exercise in the formation of that public opinion which alone guarantees wiser and more efficient government. Our universities are open to every young man of energy and ambition. Notwithstanding our marvelous industrial growth and prosperity it is foolish to expect that all other prosperity will follow material prosperity. From all these great seats of learning in the republic there are annually being poured forth a large body of educated young men upon whom 14 wc must rely for a juster view and solution of the seriou.s problems of democratic government. The chief dangers that menace the future come from ignorance and these dangers alone can be dispelled by the army of educated youth who annually join the ranks of our citizenship. Ours is a gov- ernment controlled by opinion and it has been truly said that the politicians do not lead but public opinion leads them. This great university with its corps of trained experts, con- stantly studying the great problems of the day and its increas- ing alumni, at present constitute the most potent factors for progress in the formation of sound and just opinion. There is and there can be but one L'niversity in Alabama. With ade- quate appropriations, with an enlargement of its teaching force and equipment to meet present conditions and by a sys- tem of extension work to carry its blessings to almost every home and farm in the State, there is no agency which can do more for our progress and development. It deserves and should receive the earnest and cordial support and co-operation of every intelligent and patriotic citizen, and from its halls, the day is not far distant when copious streams of learning will pour, to fructify and enrich every part of the common- wealth, and make it an institution of which every Alabamian can be justly proud. LIBRARY OF CONGRESS 019 886 948 A