THE CITIZEN'S LIBRARY OF ECONOMICS, POLITICS 
 AND SOCIOLOGY— NEW SERIES 
 
 Edited by RICHARD T. ELY, Ph.D., LL.D. 
 Professor of Political Economy in the University of Wisconsin 
 
 THE PROGRESSIVE MOVEMENT 
 
THE CITIZEN'S LIBRARY OF 
 
 ECONOMICS, POLITICS AND 
 
 SOCIOLOGY 
 
 Edited by 
 Richard T. Ely, Ph.D., LL.D. 
 
 Professor of Political Economy in the University of 
 Wisconsin 
 
 NEW SERIES 
 
 The Progressive Movement. By Ben- 
 jamin P. DeWitt, M.A., LL.B 
 
 The Wealth and Income of the People 
 of the United States. By Willford I. 
 King, Ph.D. In press. 
 
 American Municipal Progress. By Charles 
 Zueblin. New, revised and enlarged edi- 
 tion. In press. 
 
 The Social Problem. By Charles A. Ell- 
 wood, Ph.D. In press. 
 

 PREFACE 
 
 So much, attention has been given to the rise and 
 development of the Progressive party in the United 
 States that there has been a tendency to overlook the 
 larger and more fundamental movement of which it is 
 a part. Although this movement had struck its roots 
 far back in the past and was already vigorous and grow- 
 ing when the campaign of 1912 began, the sudden, 
 meteoric appearance of the new party, the striking per- 
 sonality of its candidate for President, and the wide 
 variety of issues raised, thrust the movement itself into 
 the background. The result has been a confusion of the 
 party with the movement, a belief that they advocate 
 precisely the same principles, and a conviction that they 
 must stand or fall together. 
 
 The progressive movement is broader than the Pro- 
 gressive party and, in fact, than any single party. It 
 is the embodiment and expression of fundamental meas- 
 ures and principles of reform that have been advocated 
 for many years by all political parties. Although dif- 
 ferences in name, in the specific reforms advocated, and 
 in the emphasis placed upon them, have obscured the 
 identity of the movement, the underlying purposes and 
 ideals of the progressive elements of all parties for the 
 past quarter of a century have been essentially the 
 same. To make clear this universal character of the 
 progressive movement is one of the objects for which 
 this book has been written. 
 
 vii 
 
Tiii PEEFACE 
 
 To accomplish that object, a brief survey of the con- 
 ditions surrounding the formation of the federal and 
 early state constitutions is given, together with an ac- 
 count of the political, social, and economic factors that 
 have made the rise of the progressive movement natural 
 and inevitable. The breadth and extent of the move 
 ment are indicated partly by showing the large place it 
 has filled and now fills in each of the important political 
 parties, and partly by explaining in detail the issues 
 and reforms of the movement as they apply to the na- 
 tion, the state, and the city. 
 
 The second object of the book is to give form and 
 definiteness to a movement which is, in the minds of 
 many, confused and chaotic. Unquestionably the great 
 majority of voters in this country are dissatisfied with 
 existing political and social conditions and desire to see 
 a change. Yet the friends of progress are frequently 
 the enemies of each other, largely through lack of 
 mutual understanding and a failure to realize that they 
 stand for practically the same fundamental things. The 
 movement has. therefore, been carefully defined as hav- 
 ing three distinct phases, and on the basis of these three 
 phases the important reforms advocated by progressive 
 leaders in the different parties have been classified and 
 correlated. Although it would be impossible to discuss 
 all these measures exhaustively without losing the per- 
 spective of the book, prominent reforms such as mothers' 
 pensions, the minimum wage, preferential voting, and 
 the city manager plan, have received sufficient attention 
 to enable the reader to know what they are. the extent 
 to which they have been adopted, and the arguments 
 co mm only advanced for and against each. 
 
 The point of view throughout has been non-partisan, 
 but the spirit of treatment, it must be said, has been 
 sympathetic. Xo one can study the progressive move- 
 
PREFACE ix 
 
 ment, no one can read the lives of its pioneers and advo- 
 cates without feeling its strength and vitality and realiz- 
 ing that it is a potent force in our political and social 
 life. War and business depression may divert the atten- 
 tion of people from progressive reforms for a time. But, 
 sooner or later, that attention will return, more earnest 
 and more intense, and the principles of the movement 
 will receive a new emphasis and a wider application. 
 
 Benjamin P. De Witt. 
 Elmhurst, N. Y., 
 February 3, 1915. 
 
r 
 
 PAKT I 
 
 THE OKIGIN AND DEVELOPMENT OF THE 
 PKOGKESSIVE MOVEMENT 
 
CHAPTEK I 
 
 THE MEANING AND HISTORY OF THE PROGRESSIVE 
 MOVEMENT 
 
 The term "progressive movement" has been so widely 
 used, so much discussed, and so differently interpreted 
 that any exposition of its meaning and principles, to 
 be adequate, must be prefaced by careful definition. 
 To some — comparatively few — the progressive move- 
 ment stands for the attempt of one man, disappointed 
 in his efforts to control his political party, to found 
 another and return himself to power. To others, who 
 are willing to concede that the movement is not confined 
 to a single leader, it represents the efforts of a small 
 body of self-seeking politicians to gain position and 
 influence by making capital of a movement that is tem- 
 porarily popular. To others, the movement expresses 
 the effort of a few sincere but misguided enthusiasts to 
 carry out an impossible and chimerical program of 
 social reform through government and legislation. 
 Some believe that the movement is partisan, limited to 
 the party that bears its name; others believe that it is 
 broader than any single party and that its supporters 
 are found in political parties everywhere. Some be- 
 lieve it is new, fleeting, and evanescent, destined to dis- 
 appear quickly from our political life ; others hold that 
 it is permanent, deep-seated, and fundamental, involv- 
 ing a modification and readjustment of our political 
 theories and institutions. 
 
4 THE PEOGEESSIVE MOVEMENT 
 
 Whatever difference of opinion may exist concerning 
 the meaning of the progressive movement, every think- 
 ing man and woman must be convinced that the nation 
 to-day is passing through a severe political crisis. 
 After a period of unprecedented industrial and com- 
 mercial expansion, during which time little or no atten- 
 tion has been given to the problems of government, the 
 people have suddenly realized that government is not 
 functioning properly and that radical changes are 
 needed. [Manifestations of this excitement and unrest 
 are seen on every hand. Men write of a new democ- 
 racy 1 and a new freedom. 2 In 1912 the vote of the 
 Socialist party — the party of protest against existing 
 conditions — almost reached the million mark; and in 
 the same year a new political party, appealing to new 
 ideals and new standards, polled four million votes. 
 The Democratic party in the nation, after a stormy 
 convention, nominated and elected as President, in 1912. 
 a leader who insists upon high standards of public 
 service; and the Republican party, chastened by defeat. 
 and forced to recognize the present political tendencies, 
 has already set about the work of party regeneration in 
 many states. Everywhere there are evidences that the 
 nation has passed into a new political era. 
 
 In this widespread political agitation that at first 
 sight seems so incoherent and chaotic, there may be 
 distinguished upon examination and analysis three 
 tendencies. The first of these tendencies is found 
 in the insistence by the best men in all political parties 
 that special, minority, and corrupt influence in gov- 
 ernment — national, state, and city — be removed; the 
 second tendency is found in the demand that the struc- 
 ture or machinery of government, which has hitherto 
 
 1 Weyl, IJi€ New Democracy, 
 'Wilson, The New Freedom. 
 
MEANING AND HISTORY 5 
 
 been admirably adapted to control by the few, be so 
 changed and modified that it will be more difficult 
 for the few, and easier for the many, to control; and, 
 finally, the third tendency is found in the rapidly grow- 
 ing conviction that the functions of government at pres- 
 ent are too restricted and that they must be increased 
 and extended to relieve social and economic distress. 
 These three tendencies with varying emphasis are seen 
 to-day in the platform and program of every political 
 party ; they are manifested in the political changes and 
 reforms that are advocated and made in the nation, the 
 states, and the cities ; and, because of their universality 
 and definiteness, they may be said to constitute the real 
 progressive movement. 
 
 To understand the origin and development of the 
 progressive movement, it is necessary to consider briefly 
 the circumstances surrounding the formation of the fed- 
 eral constitution in 1787. The men who framed that 
 constitution had to decide two questions: first, how 
 many and what functions government, as opposed to 
 the individual, should be allowed to exercise; and, sec- 
 ondly, what power should control the exercise of these 
 functions. 
 
 Now, at the time our federal constitution was adopted, 
 there were at least three reasons why the people desired 
 as little interference as possible by the government in 
 the affairs of the individual. In the first place, the 
 colonists had just finished a war with England, a war 
 which it is ordinarily supposed was justified as a pro- 
 test against taxation without representation, but which 
 was rather a desire to get rid of a government that was 
 becoming irksome. The colonists appealed to the in- 
 herent right of man to be free. After emerging from 
 a long and severe struggle to rid themselves of one gov- 
 ernment, they were not in the mood to impose upon 
 
(J THE PEOGRESS1TE MOVEMENT 
 
 tlieriiselves another. They had had enough govern- 
 ment; they would see now what the individual could 
 do. 
 
 A second reason for limiting the powers of the gov- 
 ernment is to be found in the political theory prevalent 
 at that time. Eousseau 1 had proclaimed the superiority 
 of the individual over the state and attempted to explain 
 how the state received its power originally. Man was 
 originally, according to Eousseau. in a state of nature. 
 He was free in all respects. Necessity compelled him 
 to yield his individual liberty to the state, but even then 
 he and his fellows were entitled to absolute control of 
 the state. The theory of Rousseau became widely popu- 
 lar. The individual was apotheosized. In America, 
 Paine wrote "Common Sense"' and "The Eights of 
 ^ian/ ? both imbued with the doctrine of Rousseau. 
 Jefferson wrote the Declaration of Independence, with 
 its insistence on individual liberties. Of Jefferson's 
 opinion on the extension of the powers of the state, one 
 of his biographers says : "He could hardly bring him- 
 self to declare that the people should govern, because 
 lie had a lurking notion that there should be no govern- 
 ment at all. 'The rights of man." the favorite slang 
 phrase of the day. signified to his mind an almost entire 
 absence of governmental control. ' ? 2 The political phil- 
 osophy of the day was laissez-faire. 
 
 A third and final reason why men restricted the pow- 
 ers of the state was the needlessness of governmental 
 interference. In most cases, the individual could take 
 care of himself. The men in the country at that time 
 were the boldest and most self-reliant that Europe had 
 contained. They would have scoffed at the idea of hav- 
 ing any superior power tell them how long they ought 
 
 1 In Ms Control Social. 
 
 3 Morse, Thomas Jefferson, p. 111. The italics are mine. 
 
MEANING AND HISTORY 7 
 
 to work and what pay they ought to receive. Then, too, 
 social and economic conditions allowed individual action. 
 In 1790 only six cities had 8,000, and only two, 25,000 
 inhabitants. Land was plentiful; the great West with 
 all its opportunities for wealth-making was unexplored. 
 ~No wonder the colonists felt confident in their own abil- 
 ity to take care of themselves ; no wonder they despised 
 government and felt within them the thrill and inspira- 
 tion of a new freedom. 
 
 When we approach the second important question 
 which the colonists had to decide ; i. e., by whom the ex- 
 ercise of governmental functions should be controlled, 
 we find no end of confusion. The colonists, we have 
 seen, decided that government, as opposed to the indi- 
 vidual, should exercise as few functions as possible. 
 When they came to decide into what hands the exer- 
 cise of these few governmental powers should be placed, 
 two possibilities offered themselves. One was to place 
 the people, in a fairly broad sense, in control ; the other 
 was to place in power a small minority which, protected 
 from the clamor of the people by numerous checks and 
 balances, would govern in the interests of the best citi- 
 zens. There is no reason why men should divide on this 
 second question exactly as they do on the first. A man 
 may believe in extending the power of the state over 
 many functions now exercised exclusively by the indi- 
 vidual and still be opposed to allowing a majority of 
 the people to direct the exercise of those functions. Ger- 
 many to-day is perhaps the most paternalistic of na- 
 tions; it is far from being the most democratic. And 
 the men back in 1787 did not divide in the same way 
 on both questions nor lay equal emphasis upon them. 
 Hamilton believed in the rule of the minority, and yet 
 he did not advocate and in fact could not advocate (be- 
 cause there was no need) any great extension of gov- 
 
8 THE PBOGBESSIYE MOVE^IENT 
 
 erninental powers. Jefferson believed that the people- 
 should be given control and yet believed that in an ideal 
 state there would be no government at all. So far as 
 restricting government to the exercise of a few func- 
 tions is concerned, Hamilton and Jefferson were not 
 very far apart: so far as the method of exercising the 
 functions necessarily assumed by government is con- 
 cerned, they were as far apart as the pole.?. In a word, 
 in ITS 7. most men agreed in opposing any extension of 
 the functions of government : they differed in their 
 views as to the way in which the necessary modicum of 
 government should be controlled. 
 
 The subject has been much beclouded because of the 
 fact that in ITS 7 a new government was being formed. 
 The colonies sent delegates to a convention to determine 
 what governmental functions should be exercised by the 
 new government. The questions that arose in that con- 
 vention were not questions of the extension or restric- 
 tion of the powers of government. They were questions 
 cd the extension or restriction of the powers of a par- 
 ticular government. They were questions concerning 
 the division of powers between a government about to 
 be formed and governments already existing. When we 
 speak of Alexander Hamilton as favoring a strong gov- 
 ernment we do not mean that Hamilton wished to allow 
 the state to control matters up to that time controlled 
 by individuals ; we mean that Hamilton wished to take 
 power from the separate colonies and confer it upon a 
 central government. Hamilton's plan for a national 
 government ''"embodied two ideas which were its car- 
 dinal features and which went to the very heart of the 
 whole matter. The republic of Hamilton was to be an 
 aristocratic as distinguished from a democratic repub- 
 lic, and the power of the separate states was to be exec- 
 
MEANING AND HISTOEY 9 
 
 tually crippled." * Of the three great compromises 
 of the constitution, between agricultural and com- 
 mercial stages, between large and small states, and be- 
 tween free and slave states, not one concerned the ques- 
 tion of extending the influence of government generally. 
 
 The fight, then, in the constitutional convention was 
 not over the extension of the functions of government, 
 but over the method of controlling the functions to be 
 exercised. On this point, there was great diversity of 
 opinion. Of the three forms of government, the mon- 
 archy, the aristocracy, and the democracy, the last found 
 the least favor. ". . . The fathers of the American 
 Federal Republic . . . over and over again betray their 
 regret that the only government which it was possible 
 for them to establish was one which promised so little 
 stability" 2 (i.e., a democracy). Hamilton favored a 
 king, and most of the others favored some sort of aris- 
 tocracy. a The evidence is overwhelming that the men 
 who sat in that convention had no faith in the wisdom 
 or political capacity of the people." 3 Jefferson, the 
 prophet of the people, was not even there. The con- 
 vention turned out a constitution calculated to give to 
 a select minority the guidance of the destinies of the 
 nation. 
 
 The federal constitution, therefore, provides for a 
 government which shall touch the life of the individual 
 at as few points as possible and which shall be domi- 
 nated by a minority. The government then formed for 
 the nation reflected the existing state governments as 
 far as the extension of the powers of the state is con- 
 cerned. It was not a true reflection, however, of the 
 sentiment of the mass of people in the states as to the 
 
 1 Lodge, Alexander Hamilton, p. 61. 
 
 2 Maine, Progress of Popular Government, p. 71. 
 "Smith, Spirit of American Government, p. 32. 
 
10 THE PEOGBESSIVE MOVEMENT 
 
 method of control. Democracy was much more in evi- 
 dence in the separate states than it could be under the 
 elaborate system of checks and balances of the federal 
 constitution. '"'Had the decision been left to what is 
 now called 'the voice of the people/' that is, to the mass 
 of the citizens all over the country, voting at the polls, 
 the voice of the people would probably have pronounced 
 against the Constitution . . ." * 
 
 Although the state governments were more demo- 
 cratic than the federal government, their democracy 
 was not above suspicion. It was at best a diluted de- 
 mocracy, of the sort of which Periclean Athens was 
 proud. Throughout the thirteen colonies there were 
 thousands of slaves ; most of the colonies imposed some 
 property qualifications before granting the suffrage; 
 in some colonies, profession of some religion was essen- 
 tial to holding office. 2 The quality of the democracy 
 in the states is revealed fairly well by a glance 
 at some of the early constitutions. That of Mas- 
 sachusetts, adopted in 1780, in its preamble, states that 
 ''the body politic is formed by a voluntary association of 
 individuals : it is a social compact, by which the whole 
 people covenants with each citizen, and each citizen 
 with the whole people, that all shall be governed by cer- 
 tain laws for the common good." The same constitu- 
 tion provides that "every male inhabitant of twenty- 
 one years of age and upwards, having a freehold estate 
 within the commonwealth, of the annual income of three 
 pounds, or any estate of the value of sixty pounds, shall 
 have a right to give in his vote for the senators for the 
 district of which he is an inhabitant.'' 3 The same 
 qualifications had to be met by voters for representa- 
 
 ^•Bryce, American Commonwealth. Vol. I, p. 26. 
 z McMaster 3 With the Fathers, p. 72. 
 
 3 In Chap. I, Sec. 2, Art. 2. 
 
MEANING AND HISTORY H 
 
 tives and governor. In the constitution of North Caro- 
 lina, the statement is made "that all political power is 
 vested in and derived from the people only." * The 
 people are somewhat narrowly defined, however, as 
 those who are possessed of a freehold of fifty acres of 
 land and those who have paid public taxes. In most of 
 the early state constitutions, there are similar incon- 
 sistent provisions which declare that the state is gov- 
 erned by the people and that the people are those who 
 own property or pay taxes. 
 
 When the United States, then, began its career as a 
 nation, the federal constitution, the state constitutions, 
 and even the people themselves were opposed to any 
 extension of the powers of government over the indi- 
 vidual. General sentiment favored a minimum of gov- 
 ernment. As to who should control that minimum, 
 opinion differed. A few favored control by a select 
 minority. These few accomplished their aim as far as 
 the federal government was concerned by introducing 
 into the constitution checks and balances which made 
 popular control impossible. Most men, however, fa- 
 vored a rather broad popular control ; and they made 
 their influence felt in the state constitutions by provid- 
 ing for a fair measure of democracy. 
 
 Nothing indicates more clearly that the framers of 
 the federal constitution did not believe that the func- 
 tions of government were going to be extended to any 
 great extent than their failure to provide for political 
 parties. They feared factions and parties, but they 
 thought that they had effectually guarded against them. 
 Like the proverbial ostrich, they stuck their heads in 
 the sand and refused to see the approaching danger. 
 The parties soon came ; men did not look upon the gov- 
 ernment with the same disinterestedness that the Fa- 
 
12 THE PEOGRESSIVE MOVEMENT 
 
 thers had hoped for. They meant to use the govern- 
 ment. The plans for using the government were for a 
 long time indefinite and unorganized. For the most 
 part, men were interested in gaining a place of honor 
 and profit with now and then a chance to "make a haul." 
 
 The first party to come into power was the Federalist. 
 Its leader was Hamilton and its ranks contained Wash- 
 ington, Adams, and Marshall. It is often said that the 
 Federalists stood for an extension of the functions of 
 government and a larger control of the individual. Such 
 statements are only partly true. At that time there was 
 little need for much governmental interference in pri- 
 vate affairs. There was great need of strengthening the 
 central government, and to that end the Federalists bent 
 most of their efforts. The Federalists, however, firmly 
 believed in the domination of government by the few 
 rather than by the many. The decisions of John ^Mar- 
 shall as chief justice of the Supreme Court did more 
 to intrench property and vested interests behind the 
 bulwarks of law than any other single factor. Two 
 things, then, the Federalists particularly emphasized: 
 that the central government should be strong and that 
 it should be controlled in the interests of the few. 
 
 The Republican-Democrats, or Democrats, who came 
 into power in 1801, and retained control of the govern- 
 ment with slight interruptions 1 until the Civil War, 
 opposed the tendency to strengthen the national govern- 
 ment and in fact opposed all government. To them 
 government was a necessary evil, and the less there was 
 of it the better. They therefore fought the central bank 
 and the protective tariff and advocated non-interference 
 in the question of slavery. Although the Democrats of 
 this period believed in non-use of government to relieve 
 
 1 Harrison and Tyler, 1841-1845: Taylor and Fillmore, 1849- 
 1853. 
 
MEANING AND HISTOBY 13 
 
 the individual, ^hey perfected one profitable use to 
 which government might be put. Under Jackson, the 
 spoils system, until that time a mere seed in a fertile 
 soil, broke through and grew to enormous proportions, 
 giving shade under its luxuriant foliage to the weary 
 and oppressed mob of officeholders. The Democrats, 
 then, tried to curtail federal powers, and in fact all gov- 
 ernmental powers, and sought to give the masses rather 
 than the classes control. 
 
 In 1856, slavery was the chief question before the 
 country. The tariff, the currency, and all other ques- 
 tions sank into insignificance as the people tremblingly 
 sought the solution of a problem that threatened speedy 
 national disruption. The Democrats supported a policy 
 of non-interference by the national authority, squatter 
 sovereignty. On the ashes of the Whig party, burned 
 and charred by fiery internal dissensions, arose the Re- 
 publican party, a party pledged to the control of slavery 
 by federal enactment. The Civil War came* Lincoln 
 stretched the federal authority to limits before unheard 
 of and undreamed of. The seceding states were drawn 
 back into the Union by force; millions of slaves were 
 freed by presidential proclamation; federal authority 
 was supreme. 
 
 At the close of the war, the Democratic party, the 
 party that advocated limited federal powers, lay pros- 
 trate, discredited, the party of rebellion. The Repub- 
 licans, unmolested, began to build up a strong party 
 organization. All things were favorable to the preemp- 
 tion of the government. The temptation was not long 
 in coming. It had come before the war even. Rail- 
 roads sprang up all over the country; industrial cor- 
 porations of Brobdingnagian proportions put in their 
 appearance. Strong men were behind the railroads and 
 the corporations ; they were also behind the Republican 
 
14 THE PROGRESSIVE MOVEMENT 
 
 party. Here was an opportunity to extend the powers 
 of government — to use government. Here was a gov- 
 ernment designed by its makers to be controlled by a 
 wealthy minority. The wealthy minority were not slow 
 in seizing the opportunity. Land grants, franchise 
 steals, favorable court decisions, supple politicians, ap- 
 peared in a bewildering array. Long before the country 
 realized it, the government was being used — not in the 
 interests of the many, but in the interests of the few. 
 
 Meanwhile, the same complex conditions that were 
 bringing wealth to the magnate and the railroad king 
 were bringing difficult social and economic problems to 
 the masses of people. Mushroom cities sprang up over 
 night ; thousands who had worked independently before 
 now worked as units in a complex organization. The 
 individual could not hope to compete with the wealthy 
 corporation which employed him; and his particular 
 product was almost worthless apart from the use to 
 which the corporation might put it. Men became eco- 
 nomic slaves. Corporations could make them work 
 twelve, fifteen, or even eighteen hours a day; could 
 place them in factories poorly lighted and poorly venti- 
 lated; could reduce wages to a minimum; could, in 
 short, control them. Slowly, Americans realized that 
 they were not free. 
 
 Instinctively, men turned to each other for support. 
 They did not at first turn to the government for re- 
 lief. They were still under the delusion that the gov- 
 ernment was a dispassionate, fair arbiter ; and that was 
 what they desired it to be. The workmen of the country 
 tried to fight their own fight. They formed labor 
 unions and attempted to force all those engaged in a cer- 
 tain craft to join. Capitalists had joined together: 
 labor would join together, too ; and united labor would 
 oppose a solid front to united capital. 
 
MEANING AND HISTORY 15 
 
 But the fight was too unequal. Capital, wealth, and 
 the corporations did not play fair. The government was 
 theirs and they used it with deadly effect. They se- 
 cured what their opponents bitterly called government 
 by injunction; they had laws limiting the number of 
 hours a day a man might work declared unconstitu- 
 tional; they fought factory regulation. Meanwhile, 
 they strengthened their own resources. Stolen fran- 
 chises were ratified; inflated capitalization was given 
 legal confirmation ; the tariff was adjusted to meet their 
 needs. 
 
 The idea that permanent relief from oppressive con- 
 ditions could be obtained only through governmental in- 
 tervention slowly gained ground. Those who proposed 
 the idea at first were called revolutionists and socialists 
 and were regarded as visionaries. Soon, however, the 
 government was appealed to in various ways to change 
 existing conditions. Railroads could be curbed by com- 
 missions, the tariff could be lowered, corporations could 
 be dissolved, incomes could be taxed. The people were 
 under the delusion that they owned the government; 
 they had used it little: now, they thought, it would 
 have to succor them. Government and legislation would 
 bring in the millennium. 
 
 Singularly enough, the government was not sensitive 
 to popular appeal. Sometimes, indeed, it openly defied 
 the people. For a long time, the people could not realize 
 what had happened — the people could not understand 
 that their government had passed beyond their control* 
 They came to the government which they had made, 
 intending to use it, and they found that it was already 
 in use. 
 
 The people paused in their search for remedial legis- 
 lation to discover what was wrong with their govern- 
 ment. They found that the government was run in 
 
16 THE PROGRESSIVE MOVEMENT 
 
 strict accordance with the famous cV'ctirrn attributed 
 to Andrew Jackson, "To the victor belong the spoils." 
 Incompetent, self-seeking, venal politicians were direct- 
 ing the affairs of the country. The people began to 
 study the origin, history, and effect of the spoils system. 
 They found that the spoils system had not always ex- 
 isted. The revolutionary presidents made honesty, 
 capability, and fidelity the tests of fitness. "With Jack- 
 son's administration in 1S30, the deluge of the spoils 
 system burst over our national politics." x As time 
 went on and the number of offices increased, the system 
 grew worse. Startling disclosures of dishonesty were 
 made in Grant's administration. Some of the Presi- 
 dent's secretaries were found guilty of bribery and cor- 
 ruption. General Babcock, the President's private sec- 
 retary, narrowly escaped conviction on the charge of 
 corruptly aiding the TVhisky Eing to avoid the pay- 
 ment of revenues. It was proved that Belknap, Secre- 
 tary of TTar. had received a portion of an annual pay- 
 ment of from six to twelve thousand dollars of bribe 
 money given by a post trader at Fort Sill to retain his 
 place. 2 The people clamored for reform. In response 
 to the popular cry for civil service reform, based upon 
 the belief that much of the corruption in government 
 had its basis in the spoils system. President Grant in 
 IS 71 appointed a commission to investigate the subject. 
 A second commission was appointed in IS S3. Backed 
 by popular sentiment, these and succeeding commis- 
 sions placed under the protection of civil service hun- 
 dreds of thousands of government employees. 
 
 The search for the source of special influence in gov- 
 ernment soon passed from individual corruption in 
 
 1 Curtis. Speech on Spoils Svstem, Harper's Encyclopaedia of 
 United States History. Vol. 2. 
 
 2 Hart, The American Nation — A History, Vol. 22, pp. 2S1 et seq. 
 
MEANING AND HISTORY 17 
 
 other direction?.. Eailroads began to be searchingly 
 investigated. T t was time attention was directed toward 
 the railroads and their relation to special influence in 
 government. "The progress of the construction of rail- 
 roads in the United States was comparatively slow until 
 assistance was granted by Congress. This was given 
 under the form of donations of the public lands, for the 
 first time, in 1850." * The first of these grants of land 
 was made to the Illinois Central, and embraced 2,595,- 
 053 acres. Between 1850 and 1870 the total area 
 granted to roads through the various states exceeded 
 60,000,000 acres. In addition to these grants, exten- 
 sive grants were made later to the three Pacific rail- 
 roads. These latter amounted to 135,000,000 acres or 
 about 200,000 square miles. 
 
 The mania for building railroads and granting lands 
 abated somewhat about 1875, and people began to direct 
 their attention to the control of the roads already in 
 existence. As far back as 1852 we find a provision in 
 the platform of a minor political party, the Free Soil 
 Democrats, "that the public lands of the United States 
 belong to the people, and should not be sold to indi- 
 viduals nor granted to corporations." These protests 
 continued until finally all the important parties joined 
 in the protest against any further grants. In a con- 
 vention of the National Association of Transportation 
 and Commerce held in Chicago in 1875, the vice-presi- 
 dent of the association in his opening address empha- 
 sized the need of inquiring "whether there is less dan- 
 ger in leaving the property and industrial interests of 
 the people thus wholly at the mercy of a few men who 
 recognize no responsibility but to their stockholders and 
 no principle of action but personal and corporate ag- 
 grandizement, than in adding somewhat to the power 
 
 1 Appleton's American Annual Cyclopaedia, 1871, pp. 672 et seq. 
 
18 THE PROGRESSIVE MOVEMENT 
 
 and patronage of a government directly responsible to 
 the people, and entirely under their control." * The 
 convention appointed a committee of seven to present 
 their resolution to Congress. The resolution provided 
 generally for national supervision of rates, capitaliza- 
 tion, passes, etc. 
 
 Meanwhile, the states were taking similar action. 
 In 1879 the State Grange at a meeting held at Mont- 
 pelier, Vermont, framed and sent a set of resolutions 
 to Congress asking relief from ''the giant monopolies." 
 In 1871 Illinois had passed a law creating the Eailroad 
 and Warehouse Co mm ission. 2 In speaking of the rea- 
 sons for the appointment of that commission, the gov- 
 ernor, in a message to the state legislature, said : ''They 
 (the railroads) discriminated against persons and 
 places. Citizens protested against these abuses in vain. 
 The railroad corporations, when threatened with the 
 power of the government, indulged in the language of 
 defiance, and attempted to control legislation to their 
 own advantage. At last, public indignation became ex- 
 cited against them. They did not heed it : they be- 
 lieved that the courts would be their refuge from popu- 
 lar fury.*' 
 
 The 'form of control usually adopted by the states 
 was that of a commission to regulate rates and other 
 matters connected with the railroads. The first of these 
 state commissions was appointed in Massachusetts in 
 1869. Then came the Illinois Commission in 1871. 
 Iowa. Minnesota, and Wisconsin soon followed. The 
 railroads appealed to the highest courts in the states to 
 declare the laws regulating rates unconstitutional. 
 When they were defeated in the states, they carried 
 
 1 Appleton 's American Annual Cyclopaedia, 1875, p. 672. The 
 last part of the statement is very naive. 
 3 1~bid., 1879, p. 483. 
 
MEANING AND HISTORY 
 
 19 
 
 their cases to the United States Supreme Court, only to 
 be again defeated in a famous line of decisions known as 
 the "Granger Cases." * 
 
 State regulation, of necessity, proved ineffectual. 
 Many of the largest and most offensive railroads did 
 business in several states and could not be controlled 
 by state laws or state commissions. An appeal was 
 therefore made to Congress to pass a law providing for 
 a commission similar to the various state commissions 
 to control interstate commerce as the individual states 
 controlled intra-state commerce. In the House of Rep- 
 resentatives on January 5, 1881, the bill to establish a 
 board of commissioners of interstate commerce was 
 taken up. The bill apparently had few advocates and 
 many opponents. The activity of the railroad interests 
 was everywhere apparent. Mr. Reagan, representative 
 from Texas, in closing his speech in favor of federal 
 control^ but not in favor of a commission, said : "I 
 know, sir, in all preceding discussion here in this House, 
 in our committee, in the committee of the Senate, the 
 lawyers and managers of railroads have attempted U 
 confuse this subject by saying that members of Con- 
 gress, by their vocation, were not qualified to regulate 
 railroad traffic. . . . They have said that none can do 
 it but experts. God deliver this country if its interests 
 are placed in the hands of railroad experts, in the in- 
 terest of railroad companies, under the dictation of rail- 
 road officers!" 2 The account of the debate in Con- 
 gress closes with the significant words, "Subsequently, 
 on March 1st, the House refused further to consider 
 the bill." 3 
 
 In the first session of the Forty-ninth Congress, 
 
 1 94 U. S., pp. 113 et seq. 
 
 2 Appleton's American Annual Cyclopaedia, 1881, p. 176. 
 
 z Ibid. 
 
20 THE PKOGKESSIVE MOVEMENT 
 
 which convened llonday, Dec. 7, 1885, as usual, a bill 
 to regulate interstate commerce came up, and as usual 
 no final action was taken. 1 The next Tear, however, 
 the opposition had to yield. A bill providing for an In- 
 terstate Commerce Commission to control common car- 
 riers engaged in interstate commerce passed through 
 Congress in that year. The act has since been substan- 
 tial^ amended and made more effective, but even then 
 it was a great step in advance. It is significant that 
 among those who opposed the measure to the very end 
 were Senator Aldrich of Ehode Island, Senator Evarts 
 of Xew York, and Senator Hoar of Massachusetts. 2 
 / The passage of the Interstate Commerce Act and the 
 appointment of the Interstate Commerce Commission 
 marked the end of the first period of the attacks of the 
 people upon the railroads as the chief source of organ- 
 ized corruption. An investigation into the railroads 
 had revealed startling causes of their corruption and 
 malpractices and showed that they were at least as 
 much sinned against as sinning. The gigantic indus- 
 trial corporations, of which the Standard Oil Company 
 was the first to occupy a conspicuous place, had in many 
 instances forced the railroads to discriminate in their 
 faTor. A company like the Standard Oil Company 
 could easily exact any favors. Backed by its powerful 
 interests, it could say to a recalcitrant railroad, "Yon 
 must carry our oil on our terms if you carry it at all. 
 /And if you do not wish to carry it, we will build a rail- 
 road or a pipe line of our own and run you out of busi- 
 ness." And, in some instances, they made good their 
 threat. Too often, however, the railroads yielded to 
 their demands and the most shameful discrimination re- 
 sulted. <the cry against trusts and monopolies had long 
 
 1 Appleton's American Annual Cyclopaedia, 1886, p. 264. 
 
 2 Ibid., 1887, p. 177. For provisions of this act, ibid., p. 173. 
 
MEANING AND HISTORY 21 
 
 since been raised. They were denounced in some of the 
 early state constitutions. (But the idea that the gov- 
 ernment should oversee industrial corporations and di- 
 rect their affairs was repugnant to the minds of a people 
 who favored as little government as possible. It was 
 therefore not strange that Congress did not pass until 
 1890 a law forbidding combinations in restraint of 
 trade. 
 
 While the people were engaged in the search for cor- 
 ruption and its sources, the need of governmental inter- 
 ference to relieve social conditions became more and 
 more pressing. In order to pass laws of this kind, the 
 people had found it necessary to find and remove the 
 corrupt influences which had so vigorously opposed any 
 ameliorative measures. They now found it necessary, 
 in order to keep out this corrupt influence and at the 
 same time to make the government more responsive to 
 their demands, to modify it in many important particu- 
 lars. These modifications of the machinery of govern- 
 ment constitute the second of the three phases of the 
 progressive movement. 
 
 The point at which the government was most 
 vulnerable under the attacks of special interests was 
 in the elections known as the primaries. ( The pri- 
 mary elections, strangely enough, have always been con- 
 sidered secondary. ^They were, for a long time, uncon- 
 trolled by law. Some agency had to control them, and 
 the extra-legal agency, the political party, acting 
 through the political boss, with astonishing unselfish- 
 ness, undertook the task which had been unprovided for 
 by the law. I These primary elections determined who 
 was to control the party) who were to be the delegates to 
 the various conventions which nominated men for office. 
 The easiest and least expensive method of controlling 
 the government was to control the man who controlled 
 
22 THE PEOGEESSIYE MOVEMENT 
 
 the primaries. That man could control the selection of 
 delegates; and, by consequence, the delegates them- 
 selves. The delegates controlled the nominations and 
 therefore the nominees. The nominees — the governor, 
 the legislators, the judges — controlled the government. 
 
 If the corrupting interests failed to dominate the pri- 
 maries ; if candidates, by some miracle, were nominated 
 who were known to oppose them, the next step was to 
 prevent the election of these candidates. The ways of 
 accomplishing this result were many. If necessary, 
 men could be bought to vote against the dangerous can- 
 didate. But such extremes were not always necessary. 
 The newspapers could be induced to print scurrilous 
 attacks upon the integrity of the candidate. His past 
 record could be interpreted in a malign way. He 
 could, in general, be discredited in the minds of people 
 too little informed to know the real merits of the case 
 and too busy to care. 
 
 But if the candidate, in spite of all his opponents 
 could contrive, succeeded in winning, the special inter- 
 ests might be supposed to be at the end of their rope. 
 Far from it. The next step was to prevent any law 
 injurious to their welfare from passing through the 
 legislature. As the student of American government 
 knows, practically all important measures are referred 
 to committees to be discussed and reported. To cor- 
 rupt some member of the committee, to induce the com- 
 mittee by specious arguments advanced by well-trained 
 and well-paid lawyers, to ''kill the bill" by not report- 
 ing it, was not always impossible. If the committee and 
 the legislature proved intractable and impervious to 
 gold and favors, the governor might be induced to see 
 things in the right light. Unfortunately, not even our 
 governors have been wholly free from suspicion. 
 
 If by some accident the special interests lost in the 
 
MEANING AND HISTORY 23 
 
 primaries, in the elections, in the legislature, and in the 
 governor's office, there still remained the courts. Under 
 our peculiar system of government, courts have the 
 power to declare laws unconstitutional. The state 
 courts are first appealed to. If, after long litigation, 
 they decide against the special interests, the case may, 
 if the federal constitution is involved, be taken to the 
 federal courts. The constitution of the United States 
 has been twisted, mutilated, rendered almost absurd in 
 some instances, to allow special interests to appeal from 
 state to federal courts. The fourteenth amendment, 
 an amendment primarily concerned with the negro 
 problem, has under the powerful alchemy of the well- 
 paid corporation and railroad lawyers, been trans- 
 formed into a bulwark of the corporations. 
 
 Special interests, then, have seized the government 
 at these different points, and reformers before they can 
 enact laws in the interests of the people must strengthen 
 the government at these points. (To wrest government 
 from the hands of the bosses and corrupt interests and 
 keep it free, it is proposed to use direct ^primaries, a 
 system which allows the people directly to nominate 
 their candidates for office. To diminish the power of 
 the special interests to defeat a good candidate, corrupt 
 practices acts are being passed. In some states an at- 
 tempt is being made to control the newspapers by re- 
 quiring them to mark as advertising any political mat- 
 ter which they print for money, together with the source 
 of the material. It has been proposed to compel the 
 newspapers to publish any article which is of vital in- 
 terest to a reasonably large portion of the population. 
 Under some plans, the state itself enables the candidate 
 to print at public expense arguments in his favor. To 
 abolish the domination of the legislature by special in- 
 terests, reform in legislative procedure has been sug- 
 
24 THE PEOGEESSIVE MOVEMENT 
 
 gested ; and better still, in many states, the people them- 
 selves, whether the legislature wills it or not, are being 
 given the power to pass laws which they desire and to 
 reject those which they do not. The governmental device 
 which gives the people the right to pass laws over the 
 head of the legislature is called the initiative; that 
 which enables them to reject laws is known as the ref- 
 erendum. If the legislators continue to display too 
 great apathy toward the interests of the people and too 
 great predilection for the special interests, a device 
 known as the recall is used to expel the legislators. The 
 recall may be used also to remove from office any execu- 
 tive officials who are tainted through too close contact 
 with the privilege-seeking class; to control unfaithful 
 judges; and, perhaps even more important, to recall 
 judicial decisions that declare a law unconstitutional. 
 With these and other similar measures in effective oper- 
 ation, a great step will have been taken toward removing 
 permanently organized corrupt influence from govern- 
 ment and toward making the machinery of government 
 more responsive to the people. 
 
 The third and last phase of the movement has to do 
 with the extension of the functions of government — 
 city, state, and national — to relieve, as far as possible, 
 the distress caused by social and economic conditions. 
 Many persons think that the progressive movement pro- 
 poses to usher in the millennium by legislation. Xoth- 
 ing could be farther from the minds of the men and 
 women who call themselves progressive. What they do 
 propose to do is to bring the United States abreast of 
 Germany and other European countries in the matter of 
 remedial legislation. They propose to regulate the em- 
 ployment of women and children in factories ; to impose 
 a maximum number of hours of work a day for men 
 under certain conditions ; to provide for workingmen in 
 
MEANING AND HISTORY 25 
 
 their old age and for their widows and orphans when 
 their support is taken from them; to reduce or re- 
 move the tariff and substitute in its stead a system of 
 taxation which will fall most heavily on those best able 
 to bear it ; to adopt a minimum wage law to strengthen 
 the needy against temptation; to strike at poverty, 
 crime, and disease; to do everything that government 
 can do to make our country better, nobler, purer, and 
 life more worth living. 
 
CHAPTER II 
 
 THE PROGRESSIVE MOVEMENT IN THE DEMOCRATIC 
 PARTY 
 
 The progressive movement in the Democratic party 
 began as a well-designed and well-intentioned attempt 
 to prevent special interests from continuing to use the 
 national government for their own selfish purposes. It 
 was well-designed because it aimed to array and in a 
 measure did array, for the first time, laborers against 
 capitalists, employed against employers, the poor against 
 the rich, on the specific proposition that silver should 
 not be demonetized because it would result to the ad- 
 vantage of capitalists and bankers and to the disadvan- 
 tage of laborers and farmers. It was well-intentioned 
 because^Bryan and his followers sincerely and honestly 
 believed that the advocates of monometalism wished to 
 enrich themselves with the aid of government at the ex- 
 pense of the masses and that the first steps in restoring 
 government to the people was to provide a monetary 
 system that would supply credit and currency to all on 
 equal terms. (Although the progressive movement be- 
 gan in the Democratic party over the money question, 
 its significance was far deeper than that. If the issue 
 of monometalism and free silver had never arisen, the 
 movement undoubtedly would have started over any 
 one of a hundred other issues such as railroads, cor- 
 porations, etc., all centering around the one great issue 
 
 26 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 27 
 
 that government is to be used, not for the few, but for 
 the many. Because of the silver issue, it came in the 
 Democratic party earlier than it otherwise would, since 
 free silver was a cry which rallied many poorly organ- 
 ized, conflicting parties and associations ; and because of 
 the free silver issue the success of the movement in the 
 party came later than it otherwise would, since, when 
 the free silver propaganda was rejected, not only that 
 issue, but all issues for which the progressive elements 
 stood were discredited for a long time. 
 
 For the purpose of this discussion the development of 
 the progressive movement in the Democratic party may 
 be divided into three periods, with the year 1893 mark- 
 ing the end of the first and the year 1912 the end of 
 the second. The first period may fitly be called a period 
 of preparation, since during the period from the Civil 
 War to 1893 the forces of discontent and protest that 
 were later to furnish strength to the progressive Demo- 
 crats were forming and finding themselves, and in that 
 same period the question of free silver, on which these 
 forces were to unite, was becoming more and more acute. 
 
 One of the first of these forces of protest and re- 
 volt that later joined the progressive Democrats, ap- 
 peared in 1868 under the name of the Greenback 
 party. The men in this party believed that much 
 of the distress of the country was caused by strin- 
 gency of the currency and advocated the continu- 
 ance in use of the "greenbacks" that had come into ex- 
 istence during the war. Failing to get a hearing for 
 their ideas with either of the two older parties, the ad- 
 vocates of the "greenbacks" formed a party of their 
 own and held a national convention in 1876. In its 
 platform the party stated that a a United States note, is- 
 sued directly by the government, and convertible on de- 
 mand into United States obligations, bearing a rate of 
 
28 THE PEOGEESSIYE MOVEMENT 
 
 interest not exceeding one cent a day on each one hun- 
 dred dollars, and exchangeable for United States notes 
 at par. will afford the best circulating medium ever de- 
 vised,'" 1 Although the Greenback party had no subse- 
 quent history, it is important because it was the prede- 
 cessor of the Populist party which united with the 
 Democrats in support of Bryan and free silver in IS 9 6. 
 
 Another protest against existing conditions came in 
 IS 72. when the Labor Reform party was organized. 
 "The convention of the new party," says Wilson, 2 
 "had been made up chiefly of trades union bosses and 
 political free lances, but it had brought delegates to- 
 gether out of seventeen states and was an unmistakable 
 sign of the times. The workingmen of the country were 
 about to bestir themselves to make their power felt in 
 the choices of government and law." 
 
 By IS Si monopolies had attracted such general and 
 widespread attention that a party, calling itself the 
 Anti-Monopoly party, was organized. This party pro- 
 posed that "corporations, the creatures of law. should be 
 controlled by law:" that "it is the duty of government 
 to immediately exercise its constitutional prerogative 
 to regulate commerce between the states ;" and that 
 "bureaus of labor statistics should be established, both 
 state and national." The platform demanded further 
 an eight-hour day and an income tax. 
 
 In 1SSS the voices of protest were heard on every 
 hand. Three new parties, the Union Labor party, the 
 United Labor party, and the American party, arose to 
 denounce corruption and fight for enlightened govern- 
 ment. In its platform the United Labor party charac- 
 terized the Democratic and Republican parties as '"'hope- 
 lessly and shamefully corrupt, and by reason of their 
 
 1 Stanvrood, History of the Presidency, p. 367. 
 2 History of American People, Vol. V, p. 123. 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 29 
 
 affiliations with monopolies equally unworthy of the 
 suffrages of those who do not live upon public plun- 
 der. . . ." 1 
 
 Through all the grumbling and discontent voiced by 
 these minor political organizations that arose during the 
 twenty-five year period following the Civil War there 
 ran, now indistinct, now more pronounced, like a motif, 
 the discussion concerning free silver. In 1893 with the 
 repeal of the famous Sherman Silver Purchase Act 
 passed in 1890, it became the major motif in the politi- 
 cal agitation that was then rife, harmonizing Populists, 
 Farmers' Alliances, Democrats, Silver Republicans, 
 and others, until, in 1896, after Bryan's stirring coda 
 in the Chicago convention, it was dismissed as a leading 
 issue from our political life. 
 
 From the very beginning of our history, the place 
 that silver should occupy in the currency had been a 
 perplexing question. This was so because Congress 
 attempted by legislative enactment to fix permanently 
 a ratio between gold and silver which the operation of 
 economic law caused frequently to change. The im- 
 portant legislation on the subject was passed in 1792, 
 1834, 1853, 1873, 1878, 1890, and 1893. Of these acts, 
 the first four attempted to fix the legal ratio between 
 gold and silver so as to make it conform to the market 
 ratio. The last three were passed "to do something for 
 silver," when, after repeated attempts, it had been found 
 impracticable to maintain it in a dual system in a con- 
 stant ratio to gold. 
 
 A brief summary of these acts will give the broad 
 outlines of the history of the silver question and will 
 make clear why free silver held so prominent a place 
 in the campaign of 1896. 
 
 The act of 1792 adopted the arbitrary ratio of 15 to 
 
 *McKee, National Conventions and Platforms, p. 254. 
 
30 THE PEOGBESSIVE MOVEMENT 
 
 1 between silver and gold. There is no evidence that 
 Hamilton, who advocated and was responsible for this 
 ratio, adopted it because it was the same as the market 
 ratio between the two metals. In fact, there is some 
 evidence that he paid no attention to the market ratio. 
 It happened, however, that Hamilton's ratio and the 
 market ratio were about the same. Between 1792 and 
 1834, however, the market ratio had changed from 15 
 to 1 to 15.7 to 1, silver becoming cheaper. Under the 
 operation of Gresham's law, gold was practically driven 
 from the country because men found it profitable to use 
 an ounce of gold to buy 15.7 ounces of silver and then 
 take only 15 ounces to the mint and obtain the equiva- 
 lent of the original ounce of gold. 
 
 The law of 1831 attempted to change this condition 
 by raising the ratio from 15 to 1 to 16 to 1. This act 
 carried the pendulum too far in the other direction. 
 The market ratio was now only 15.7 to 1, while the 
 mint ; or legal, ratio was 16 to 1. Gold was now the 
 cheaper metal and under Gresham's law tended to drive 
 silver from the country. Just as between 1792 and 
 1834, it had been profitable to use gold bullion to buy 
 silver to be coined, so now it became advantageous to 
 use silver as bullion to buy gold to be coined. 
 
 The act of 1853 did not attempt to change the ratio 
 in aid of silver. The framers recognized that it was 
 impossible to fix any ratio that would prevent one metal 
 from driving the other from the country. Gold had 
 driven out silver as currency, and it was decided, with- 
 out openly announcing the fact, to recognize gold as 
 the standard and to use silver for subsidiary coins. 
 Consequently, the act merely made some changes in the 
 value of minor coins, the method of their coinage, and 
 the amount that would be received as legal tender. 
 
 The next legislation came in 1873. The act passed 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 31 
 
 then did little more than openly recognize a situation 
 that had existed since 1853 and that had been tacitly 
 accepted in that year ; i. e., that bimetallism was imprac- 
 ticable and that of the two metals, gold and silver, gold 
 should be the standard. But, because silver was openly 
 demonetized, the silver men denounced the act in the bit- 
 terest terms. They called it the "crime of '73," and 
 saw in it a deliberate attempt on the part of the Eastern 
 bankers to compel, with the aid of government and law, 
 the debtors of the country to pay on a gold basis what 
 they had borrowed on a gold and silver basis. Gold, 
 they contended, because of its scarcity, would be more 
 valuable and therefore purchase more. That meant that 
 farmers would receive less for their products and that 
 they would have to pay more on their debts. 
 
 In 1878, as a result of the insistent demands of the 
 silver men that silver be restored to "the place in the 
 currency that it had formerly occupied," Congress 
 passed the Bland-Allison Act, a weak compromise meas- 
 ure that only made matters worse. The act made 
 standard silver dollars legal tender, and provided that 
 the Secretary of the Treasury "purchase, from time to 
 time, silver bullion, at the market price thereof, not 
 less than two million dollars' worth per month, nor more 
 than four million dollars' worth per month, and cause 
 the same to be coined monthly, as fast as so purchased, 
 into such dollars. . . ." * The Bland- Allison Act of 
 1878 satisfied nobody. It was unsatisfactory to the ad- 
 vocates of a single gold standard because it flirted with 
 silver by providing for the purchase of it whether it was 
 needed or not. It was equally unsatisfactory to the 
 free silver men because it accepted silver as an inferior 
 metal and provided for the purchase of a certain 
 
 1 Macdonald, Select Statutes of United States History, 1861- 
 1898, p. 314. 
 
32 THE PBOGKESSIYE MOVEMENT 
 
 amount as a sop to Cerberus. It was certain that more 
 legislation would soon have to be enacted. 
 
 In 1890 the famous Sherman Silver Purchase Act 
 was passed. This act. like that passed in 1875. directed 
 the Secretary of the Treasury to buy a certain quantity 
 of silver, but changed the quantity ; instead of from 
 two to four million dollars' worth, the act authorized 
 the purchase of four and a half million ounces. The 
 friends of silver saw in this new law another move 
 against silver, and bent all their energies to have it 
 repealed and another law passed restoring bimetallism. 
 In IS 93 the Sherman Act was repealed, and no substi- 
 tute was enacted to take its place. The issue which 
 both parties had been evading since IS 73 could no 
 longer be evaded. The period of preparation was over : 
 the progressive movement in the Democratic party had 
 begun. 1 
 
 The second period in the history of the progressive 
 movement in the Democratic party — the period of de- 
 velopment — began in 1893 and ended with the election 
 of Wilson in 1912. As soon as the Sherman Act was 
 repealed in 1S93. Bryan and his followers made plans 
 to capture the Democratic party and name their own 
 candidate in 1896. They were aided in this attempt 
 
 1 In a letter to the author. Bryan says: 
 
 ' ' The progressive movement began in the Democratic party in 
 1893. The Populist party was the first indication of a growing 
 dissatisfaction with existing conditions. . . . 
 
 "The conditional repeal "of the Sherman Law was the chief 
 cause of the reaction in the Democratic party against Wall Street 
 influences. That occurred in the fall of 1893. The Democratic 
 party suffered an overwhelming defeat in 1591. and began to 
 organize in the spring of 1895 for the campaign of '96. The 
 money question was the surface question, but it was not really 
 the fundamental issue. The real question was whether the Demo- 
 cratic party should be controlled by those who found their in- 
 spiration in Wall Street and followed the advice of the Wall 
 Street organs, or by the representation of the masses — whether 
 it should stand for remedial leaislation. ' ' 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 33 
 
 by the fact that Cleveland, who was then President, was 
 already ending his second term, and for that reason 
 alone was not likely to be renominated. Moreover, the 
 country in 1893 had been visited by a severe panic, 
 which closed factories and mills, threw thousands out 
 of employment and accentuated poverty and distress. 
 The panic was attributed partly to the tinkering with 
 the tariff and partly to the inadequacy of the currency 
 system. At all events, Cleveland and his wing of the 
 Democratic party were discredited with the public, and 
 a Democratic defeat in 1896 seemed inevitable. While 
 the conservative Democrats could promise little or no 
 popular support for their platform and candidates, 
 Bryan had reason to believe that the resources of the 
 Populist party, the Farmers' Alliance, and other simi- 
 lar organizations would be with him. 
 
 After a bitter fight in the convention, Bryan was nom- 
 inated and free silver declared the paramount question. 
 The People's or Populist party and the National Silver 
 party both indorsed the Democratic nominee. The Re- 
 publicans, after a stormy convention, from which Sena- 
 tor Teller of Colorado and other prominent advocates 
 of bimetallism withdrew, declared in favor of the gold 
 standard and nominated McKinley for President. The 
 campaign that followed was one of the most hotly con- 
 tested since the Civil War. This was partly because 
 then, for the first time since the war, the campaign was 
 fought over a definite issue, and partly because an ap- 
 peal was made to classes and sections as such, thus re- 
 sulting in a measure of class hatred and sectional 
 rivalry. 
 
 The campaign was, in many respects, a remarkable 
 one. Bryan transformed by the magic of his person- 
 ality and oratory a lifeless party, almost resigned to de- 
 
34 THE PKOGRESSIVE MOVEMENT 
 
 feat, into an active, vitalized army of enthusiasts that 
 almost won the election. 
 
 "In some respects the result was the greatest trial of 
 the temper of the defeated party the country has ever 
 known. The aims of the Democratic party were — not 
 to use the phrase offensively, — in a certain sense revo- 
 lutionary. They were intended to array the weak, the 
 poor, the debtors, the employed, against the men who 
 were designated as plutocrats. . . . The fact that, when 
 the American people had spoken at the polls upon ques- 
 tions that involved the highest interests of society, the 
 decision was quietly accepted as conclusive until a new 
 occasion should arise for passing upon them in the or- 
 derly American way, is most creditable to them, and 
 a happy augury for the future." 1 
 
 Bryan's defeat in 1896 was a serious blow to himself 
 and to the progressive movement in the Democratic 
 party with which he was so closely identified. The loss 
 of a presidential election; the great increase in the 
 amount of gold produced, 2 raising prices and meeting 
 other needs which Bryan had expected free silver and 
 bimetallism to meet; the rejection of the principle of 
 bimetallism; the revulsion of feeling that followed a 
 campaign in which the appeal had been so largely to 
 class hatred — all tended to discredit Bryan. Xot only 
 did they discredit Bryan, but they tended to discredit, 
 for a time at least, most of the other principles for which 
 Bryan stood. Direct legislation, control of corporations, 
 
 1 Stanwood, History of the Preside/icy, p. 569. 
 
 2 From 1891-1895, the annual average production of gold was 
 $162,917,000. The following table shows the rapid increase in 
 production in the years immediately succeeding: 
 
 1896 $202,251,600 
 
 1897 238.812,000 
 
 1898 287,128,600 
 
 1899 306,581,900 
 
 — White, Money and Banking (1th ed.), p. 53. 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 35 
 
 the income tax and many other excellent measures all 
 had to walk the plank with free silver. Moreover, the 
 very weakness of the party made it weaker. Corpora- 
 tions, on which political parties depend so largely for 
 their support, like to give their money where it will 
 count. To give it to a party that has little or no chance 
 of coming into power, and therefore little or no chance 
 of helping corporations, would be a waste of money, 
 and corporations do not like to waste money. 
 
 The campaign of 1900 presented three main issues: 
 the corporations, the Philippines, and the money ques- 
 tion. C5n the money question, Bryan and his party 
 were discredited largely because the discovery and 
 production of large quantities of gold between 1896 
 and 1900 brought about the results that Bryan ex- 
 pected free silver and bimetallism to effect. The great 
 majority of the people accepted the gold standard and 
 were unwilling to reopen the question. The corpora- 
 tions, however, were becoming more and more an issue, 
 and both parties tried to make political capital out of 
 attacks — real or feigned — upon them. It was too early, 
 though, for drastic or radical action tending to restrain 
 corporations, to win approval. Many people believed 
 that in some way the corporations were responsible for 
 the era of unprecedented prosperity that came with 
 McKinley's administration and therefore were unwill- 
 ing to do anything that might cripple them. On the 
 Philippine issue the Democrats took the unpopular 
 stand that the islands should be given their independ- 
 ence at once. The party was unwilling to commit it- 
 self to a necessary expansion of the country's interests 
 and possessions, and failed to realize that the United 
 States had become a world empire. Standing as it did 
 on these three issues, it was inevitable that the Demo- 
 cratic party should go down to defeat again in 1900. 
 
36 THE PROGRESSIVE MOVEMENT 
 
 By 1904, however, the prospects seemed brighter. 
 The party had succeeded in eliminating Bryan as a 
 candidate and was making successful overtures to the 
 corporations for support. This support — so necessary 
 in national campaigns — was given the more readily 
 when the Democrats nominated for President a man of 
 proved conservatism and friendliness toward corporate 
 interests, Alton B. Parker. An added reason why the 
 corporations generally felt disposed to support the Dem- 
 ocrats was because the Republicans had nominated 
 Roosevelt, who, in the three years of McKinley's term 
 which he had filled out, had given evidence of a deter- 
 mination to free the national government from the dom- 
 ination of special interests. 
 
 With the people, however, and with some of the cor- 
 porations. Roosevelt found high favor. His strong per- 
 sonality, his vigorous utterances, his many-sided life 
 appealed to the masses of the people and did much to 
 break down party lines. Much of Roosevelt's success 
 in 1904, moreover, by a paradox familiar in American 
 politics, was due to the aid of the corporations and at 
 the same time to Roosevelt's attacks upon them. The 
 people, who now began to realize the need of controlling 
 the trusts, supported Roosevelt because he attacked 
 them openly and fearlessly; the corporations supported 
 Roosevelt because they considered his talk the usual 
 campaign bombast and because they knew that however 
 much Roosevelt wished to control them, Congress could 
 be relied upon successfully to resist him. 
 
 The Democratic party in 190 S was in no condition 
 to offer effective opposition to its opponents. In the 
 first place, it had no issues. The Democrats tried to 
 throw the responsibility for the panic of 1907 upon 
 Roosevelt, but the country at large believed that the 
 causes of the financial disorder lay in our currency 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 37 
 
 and banking system, and in economic laws over 
 which the President had no control. When the 
 Democrats used the tariff as an issue, they were met 
 with the promise of the Republican party to revise the 
 tariff downward. When they asked for greater control 
 over industrial corporations, the Republicans did like- 
 wise. In the second place, the Democrats again 
 nominated Bryan, who, while he could count upon 
 the unfailing support of his own wing of the party, 
 was distrusted by the majority of the voters, who 
 could not forget free silver and 1896. To oppose 
 Bryan, the Republicans presented Taft, whose training 
 as judge of the United States Circuit Court, Governor 
 of the Philippines and Secretary of War seemed to fit 
 him preeminently for the presidency, and who in addi- 
 tion had the support of the retiring President, Roose- 
 velt. The campaign was not one of issues, but one of 
 men, with the odds decidedly against the Democrats. 
 
 It became evident soon after Taft was elected Presi- 
 dent that special interests had regained the complete 
 control of the government which had been interrupted 
 during Roosevelt's administration. To the Democrats, 
 this brought renewed hopes, for the country was deter- 
 mined to shake off from government the influence of 
 special privilege and, if it could not accomplish this 
 result through the Republican party, it would turn to 
 the Democrats. Another reassuring sign of victory in 
 1912 was the dissension among the Republicans, many 
 of whom had followed Roosevelt and were disappointed 
 because Taft failed to carry out the former's policies. 
 As time went on, a break between the conservative 
 Republicans and the "insurgents" seemed inevitable. 
 
 While the conservative forces were regaining control 
 of the Republican party under Taft, the progressive 
 
38 THE PROGKESSIVE MOVEMENT 
 
 element in the Democratic party, which had been tem- 
 porarily suppressed in 1904, was coming back into power. 
 In 1910 thirty-five progressive Democrats formulated 
 a constitution and organized a Democratic Federation. 
 The object of the Federation was a to place in power the 
 Democratic party organization, pledged to complete the 
 reestablishment of a people' s-rule system of government 
 in city, state and nation, along with revision of the 
 tariff and other needed reforms." 1 
 
 Meanwhile the progressive Democrats were making 
 their influence felt in several of the states. Oklahoma, 
 which had been admitted to the Union under Roose- 
 velt's administration, had adopted a radical constitu- 
 tion and sent to the Senate Owen, who became one of 
 the leaders of the progressive contingent there. In 1910 
 Congress passed a bill authorizing Arizona to prepare 
 a constitution preparatory to admission as a state. The 
 constitution which was prepared was radical in the ex- 
 treme, providing among other things for the initiative, 
 referendum, and recall. Under the bill passed by Con- 
 gress, the approval of the constitution by the President 
 was necessary. President Taft refused to approve the 
 constitution, objecting especially to the recall of judges, 
 concerning which he wrote an effective veto message. 
 The provision of the constitution was therefore with- 
 drawn, only to be restored when Arizona had been ad- 
 mitted. 
 
 Of all the states, however, New Jersey was destined 
 to contribute most to the cause of the progressive move- 
 ment in the Democratic party, because it was in that 
 state that the leader of progressive Democracy tri- 
 umphant received his training in practical politics. In 
 1910 the Democratic leaders in New Jersey, being sadly 
 in need of a victory and hoping to win it by placing at 
 
 1 Sixty-first Congress, second session. Senate Doc. No. 649, p. 12. 
 
PEOGEESSIVE MOVEMENT IN DEMOCEATIC PAETY 39 
 
 the head of the ticket a man who would command the 
 respect of the people, nominated as governor Woodrow 
 Wilson, for many years president of Princeton Univer- 
 sity. In making this choice the politicians who con- 
 trolled the Democratic party probably believed that they 
 had secured a candidate who, because of his scholarship 
 and high civic ideals, would be a good vote-getter ; but 
 who, after election, because of his lack of experience 
 in practical politics, would be easily controlled by the 
 machine. The politicians were right in their first con- 
 jecture. Wilson carried the state for the Democrats. 
 But they were grievously mistaken in the second. 
 Never did a quiet scholar prove so unmanageable. 
 
 The first break between Wilson and the bosses came 
 when Smith, a political boss, announced himself as can- 
 didate for the United States Senate, although in the 
 primaries the people had given a preferential vote for 
 Martine. Wilson held that, while the primaries were 
 not legally binding upon the members of the state legis- 
 lature, there was, nevertheless, a moral obligation to 
 vote for the candidate on whom a plurality of the voters 
 had fixed their choice. Smith accepted the challenge 
 thrown down by Wilson, and the struggle began. Wil- 
 son interviewed individual legislators, exacting from 
 them a promise to vote for Martine ; in the case of re- 
 calcitrants he threatened to appeal to their constituents ; 
 and, in several instances, by campaigns in various parts 
 of the state, he succeeded in arousing public opinion. 
 As a result of his efforts, the bosses were beaten and 
 Martine was elected. 
 
 After this preliminary skirmish 1 with the special in- 
 terests had resulted in a crushing defeat for them, Wil- 
 son set about to put through the legislature a long pro- 
 
 x The greater part of the campaign for Martine and against 
 Smith was waged before Wilson was inaugurated as governor. 
 
40 THE PKOGKESSIYE MOVEMENT 
 
 gram of progressive laws. Among the most progressive 
 measures included in this program were an employers' 
 liability act, 1 a direct primary law, 2 a corrupt prac- 
 tice act, 3 and a public utilities law. 4 
 
 Wilson's success in ousting the strongly intrenched 
 bosses from power in Xew Jersey, followed by the enact- 
 ment of so many progressive laws, attracted the atten- 
 tion of the entire nation. Before long Wilson was 
 talked of as a presidential possibility in 1912. Wilson 
 himself was not slow to take advantage of the popular 
 sentiment in his favor and spent a good deal of his time 
 while governor traveling over the country, making ad- 
 dresses and meeting people. 
 
 As 1912 drew near, it became apparent that the im- 
 portant Democratic candidates would be Clark, Wilson, 
 Underwood, and Harmon. Of these, Clark promised to 
 be the strongest. Since 1910 he had presided effec- 
 tively as Speaker of the House; he had been minority 
 leader when the Republicans were in power: and be- 
 cause of his personal popularity was considered a good 
 vote-getter. Xext to Clark, Wilson, because of his work 
 in Xew Jersey, seemed the most likely candidate. Un- 
 derwood had done hard work in the House as chair- 
 man of the Ways and lEeans Committee in preparing a 
 revision of the tariff, but he was a Southerner and there 
 was some suspicion that he was not unfavorably dis- 
 posed toward corporate interests. Harmon, the least 
 likely of the candidates, had made a creditable record 
 as governor of Ohio, but even more than Underwood 
 was thought to be in close alliance with corporations. 
 
 In the primary elections, the chief struggle was be- 
 
 ^aws of 1911, C. 95. 
 3 Ibid., C. 183. 
 3 lb id., C. 188. 
 'Ibid., C. 195. 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 41 
 
 tween Wilson and Clark; and, singularly enough, in 
 most instances Clark won. This was due partly to the 
 fact that Wilson was unknown to many, but more es- 
 pecially, perhaps, to the fact that a great many pro- 
 gressives who might have been counted on to support 
 Wilson against Taft rushed to the support of Roose- 
 velt in his struggle to obtain the nomination in the Re- 
 publican primaries. It is quite likely that many who 
 voted for Roosevelt in the primaries changed their 
 allegiance to Wilson when Taft was made the nominee 
 of the Republican party. 
 
 The great outstanding issue in the 1912 campaign 
 was the same as it had been in the 1896 campaign, 
 Who shall rule, a majority of the voters or the special 
 interests of a minority ? Both the Democratic and Re- 
 publican parties were divided within themselves on that 
 issue, the insurgent Republicans and the progressive 
 Democrats standing for the same principles. In each 
 case it was a fight to capture a party. Among the 
 leading progressives of the two parties it was tacitly- 
 understood that the Democrats would try to nominate 
 Wilson and the Republicans La Follette. If both were 
 nominated, the progressives would support the nominee 
 of their respective parties. If only one were nominated, 
 that one was to receive the support of the progressive 
 elements in both parties. And in case neither was 
 nominated, they would consider making a bolt and es- 
 tablishing a third party. 
 
 The Republican convention met in Chicago in June. 
 There was a short, sharp struggle between the delegates 
 sent there by the special interests and those that repre- 
 sented the people. And the invisible government, the 
 government of the minority, won. Taft was nominated, 
 Roosevelt bolted, and in the agony of defeat a new party 
 was born. 
 
42 THE PKOGKESSIVE MOVEMENT 
 
 The Democratic convention was held in Baltimore 
 just a short time later. The same private interests that 
 had dominated the convention at Chicago were in Balti- 
 more, determined to capture another party and insure 
 themselves against possible defeat. The whole country 
 watched the outcome of this second struggle between 
 privilege and democracy. With the Republican party 
 rent wide open, the Democratic party seemed sure to 
 win. The interests knew it. Bryan, the leader of the 
 progressive forces of the Democratic party, knew it. 
 
 The first victory went to the conservatives. Alton B. 
 Parker, acceptable to the corporations, was elected tem- 
 porary chairman in spite of the protests of the pro- 
 gressives and in spite of the fact that Bryan was the 
 opposing candidate. The progressives, however, gained 
 an important point when they induced the convention 
 to vote against the unit rule in states which had, by 
 mandatory statutes, provided for the nomination and 
 election of delegates under direct primaries. Bryan 
 then met the issue of special interests and corporation 
 influence squarely. He introduced a resolution the pur- 
 pose of which was to put the convention on record as 
 opposed to the nomination of any candidate for Presi- 
 dent "who is the representative of, or under obliga- 
 tions to, J. Pierpont Morgan, Thomas P. Ryan, August 
 Belmont, or any other member of the privilege-hunting 
 and favor-seeking class. . . ." x 
 
 On the first ballot for the presidential nomination, 
 Clark was far ahead, receiving 440% votes to 324 for 
 Wilson, 148 for Harmon, 117% for Underwood, 31 for 
 Marshall, 22 for Baldwin, two for Sulzer, and one for 
 Bryan. There was practically no change in the voting 
 until the tenth ballot was reached. On that ballot, the 
 New York delegation, headed by Charles F. Murphy, 
 
 1 American Year Book, 1912, p. 17. 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 43 
 
 the leader of Tammany Hall, changed from Harmon to 
 Clark, giving Clark thereby a majority of the votes, but 
 not a sufficient number to nominate him. As ballot 
 after ballot was taken, the Wilson forces remained firm, 
 receiving encouragement and support from the press 
 and public opinion. The beginning of victory came to 
 Wilson on the fourteenth ballot, when Bryan announced 
 that he could no longer support Clark for President, 
 since the New York delegation had given its support to 
 him. Although there was no immediate change after 
 Bryan had taken this action, it nevertheless disheart- 
 ened Clark and his adherents and made their ultimate 
 defeat certain. On the forty-sixth ballot, the Clark 
 forces, realizing the uselessness of contending further, 
 gave up the struggle and Wilson was nominated. 1 
 
 The campaign that followed was an extraordinary 
 one. Wilson and Roosevelt were both progressive ; Taft 
 was an acknowledged reactionary* In spite of the fact 
 that the progressive forces were thus split into two fac- 
 tions, Wilson was elected by a safe plurality, The sig- 
 nificance of the 1912 campaign is not that the country 
 went Democratic; for it did not. Eoosevelt and Taft 
 together received 1,316,917 more votes than Wilson. 
 But the country for the first time had gone progressive, 
 because the votes cast for Wilson and Roosevelt ex- 
 ceeded by almost seven millions those cast for Taft. 
 For the first time, the people of the nation recognized 
 that a select minority, and not they, had previously 
 controlled government ; and for the first time they voted 
 consciously and deliberately to restore the government, 
 
 1 The wisdom of the rule that obtains in Democratic conven- 
 tions that a candidate must receive two-thirds of the votes of the 
 delegates is here shown. If a majority had been sufficient, Clark 
 would have been nominated on the tenth ballot and the minority 
 might have bolted, thus destroying the party. 
 
•44 THE PROGRESSIVE MOVEMENT 
 
 misused and perverted, as it had been, to the control and 
 use of the people. 
 
 After a long period of preparation, followed by 
 twenty years of development, the Democratic party as 
 an instrument of progressivism is now entering upon 
 a period of achievement. Already a Democratic Con- 
 gress has revised the tariff, passed a currency law, and 
 provided for additional regulation of trusts and monopo- 
 lies. The President and Congress have put through a 
 long program of progressive legislation. But it is 
 doubtful whether the Democratic party as it is at 
 present constituted can carry out the full progressive 
 program. It may take the first step ; by reducing the 
 tariff, enacting a presidential preference primary law, 
 a currency law, and a law providing for greater con- 
 trol over corporations, it may do something to take 
 government from the power of special interests. But 
 unless it changes its traditional position it cannot go 
 far in using government to relieve economic and social 
 distress. The Democratic party has always been the 
 conservative party, it has always gone into power as the 
 conservative party. It was returned to power in 1912 
 not because it was radical, but because Roosevelt and 
 his party were more radical. Then there is further the 
 problem of the Solid South. So long as men in the 
 South are chosen for their color rather than their politi- 
 cal creed, so long as a man may oppose a reduced tariff, 
 income tax, control of corporations, and every other pro-; 
 gressive measure and still be elected on the Democratic 
 ticket to the United States Senate or the House of Rep- 
 resentatives solely because of his stand on the negro 
 problem, so long will there be potential dissension in the 
 Democratic party and inability to agree permanently 
 on a fundamental program. 
 
 To the Democratic party this credit must be given. 
 
PROGRESSIVE MOVEMENT IN DEMOCRATIC PARTY 45 
 
 It was the first of the two old parties to conduct a na- 
 tional campaign on the issue that government should be 
 free; and, after sixteen years of endeavor, it was 
 the first party to succeed in winning a national election 
 on that issue. Bryan's fundamental proposition in Bal- 
 timore in 1912 was identical with that in Chicago in 
 1896. He was fighting old foes with new faces. And, 
 although it is true that Bryan's success and the success 
 of the Democrats in 1912 were due in large measure to 
 the dissensions in the ranks of the Republicans, it is 
 nevertheless true that the fundamental ideals of govern- 
 ment for which Bryan and his wing of Democracy stood 
 in 1896 had at last been accepted by the country and 
 that the reactionaries and children of special privilege 
 had, for a time at least, been put to utter rout. 
 
CHAPTEE III 
 
 THE PROGRESSIVE MOVEMENT IX THE REPUBLICAN 
 PARTY 
 
 The progressive movement in the Democratic party. 
 
 as Ave have seen, emphasized the need of freeing gov- 
 ernment from the domination of special interests. At 
 the start, the leaders of the movement adopted the cur- 
 rency question as the most vital issue on which to op- 
 pose special influence and special legislation and bent 
 their efforts to restore silver to its old position in our 
 financial system, believing that the attempt to demone- 
 tize silver was an attempt to rule the country in the 
 interests of Wall Street and that the preservation of 
 the double standard would aid the prosperity of the 
 masses of the people. 
 
 In the Republican party, the progressive movement 
 was fundamentally the same, but manifested itself dif- 
 ferently. There, too. the fight was against the control 
 of government by special interests and the prostitution 
 of government to serve the needs of a small minority. 
 But in the Republican party the contest took the form 
 primarily of a struggle against corporations. This 
 struggle had several phases : first, and most important, 
 was the attempt to find some adequate means of con- 
 trolling and regulating corporate activities : second, 
 and almost as important, was the resistance to the ef- 
 forts by corporations to exploit the natural resources 
 of the nation in their own behalf ; and, finally, came the 
 
 46 
 
PROGRESSIVE MOVEMENT IN EEPUBLICAN PARTY 47 
 
 revolt against the impudent, open revision of the tariff 
 in 1909 in the interest of trusts and monopolies. 
 
 The feeling that corporations must be controlled was 
 fairly definite and widespread as early as 1890. Jus- 
 tice Harlan, in his dissenting opinion in the famous 
 Standard Oil Case, 1 said: "All who recall the condi- 
 tion of the country in 1890 will remember that there 
 was everywhere, among the people generally, a deep 
 feeling of unrest. The nation had been rid of human 
 slavery— fortunately, as all now feel— but the convic- 
 tion was universal that the country was in real danger 
 from another kind of slavery sought to be fastened on 
 the American people, namely, the slavery that would re- 
 sult from the aggregations of capital in the hands of a 
 few individuals and corporations controlling, for their 
 own profit and advantage exclusively, the entire busi- 
 ness of the country, including the production and sale 
 of the necessaries of life. Such a danger was thought 
 to be then imminent, and all felt that it must be met 
 firmly and by such statutory regulations as would ade-. 
 quately protect the people against oppression and 
 wrong." 
 
 As a result of this unrest, Congress in 1890 took a 
 step toward controlling corporations by passing what 
 has become known as the Sherman Anti-Trust law. 2 
 The first two sections of the act are as follows : 
 
 "Section 1. Every contract, combination in the 
 form of trust or otherwise, or conspiracy, in re- 
 straint of trade or commerce among the several 
 states, or with foreign nations, is hereby declared 
 to be illegal. Every person who shall make any 
 such contract or engage in any such combination 
 
 1 221 U. S., p. 83. 
 
 'Anti-Trust Act of July 2, 1890. C. 647, 26 Stat. 209. 
 
48 THE PROGRESSIVE MOVEMENT 
 
 or conspiracy, shall be deemed guilty of a mis- 
 demeanor, and, on conviction thereof, shall be pun- 
 ished by fine not exceeding five thousand dollars, 
 or by imprisonment not exceeding one year, or by 
 both said punishments, in the discretion of the 
 court. 
 
 "Section 2. Every person who shall monopolize, 
 or attempt to monopolize, or combine or conspire 
 with another person or persons, to monopolize any 
 part of the trade or commerce among the several 
 states, or with foreign nations, shall be deemed 
 guilty of a misdemeanor, and, on conviction 
 thereof, shall be punished by fine not exceeding 
 ■Q.YQ thousand dollars, or by imprisonment not ex- 
 ceeding one year, or by both said punishments, in 
 the discretion of the court." 
 
 In the early cases that came up, the Supreme Court 
 upheld the law and enforced it as it stood. 1 In spite of 
 these decisions, however, such corporations as the Stand- 
 ard Oil Company and the American Tobacco Company 
 continued to monopolize their respective industries and 
 to combine in restraint of trade. There was, moreover, 
 a general feeling that these corporations would continue 
 to combine and restrain trade and that no suit for their 
 dissolution would be brought because of the injurious 
 effect it would have on business. Consequently in 
 1901, when Eoosevelt came into office, few people be- 
 lieved that he would — or could — use the Sherman Law 
 
 1 Of eighteen suits brought by the government under the 
 Sherman Act from the date of its passage down to the begin- 
 ning of Roosevelt's administration, ten were successful. The 
 most conspicuous failure on the part oF the government was in 
 the Knight case, a case that involved the so-called Sugar Trust. 
 See 156 U. S. 1. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 49 
 
 effectively to curb the larger and more formidable 
 trusts. 
 
 Roosevelt soon confirmed this belief and showed that 
 he regarded the Sherman Law as a doubtful remedy. 
 Roosevelt's chief objection to the law was its lack of 
 discrimination. It assumed that all combinations were 
 trusts, all monopolies were dangerous and should be 
 suppressed, teoosevelt drew and emphasized the dis- 
 tinction between good corporations and bad corporations 
 and pointed out that a monopoly was not objectionable 
 merely because it was a monopoly, nor a business bad 
 because it was big. Appreciating the need of some effec- 
 tive means of curbing the power of the great industrial 
 corporations and realizing the inadequacy of the only 
 means then at hand, i. e., the Sherman Anti-Trust Law 
 of 1890, Roosevelt induced Congress in 1903 to estab- 
 lish a Bureau of Corporations as part of the Depart- 
 ment of Commerce and Labor created at that time. Con- 
 gress acceded to the President's request and made pro- 
 vision for such a bureau, giving it a power and author- 
 ity to make . . . diligent investigation into the organi- 
 zation, conduct, and management of the business of any 
 corporation, joint-stock company or corporate combina- 
 tion engaged in commerce among the several states and 
 with foreign nations," * except, of course, corporations 
 already controlled by the Interstate Commerce Commis- 
 sion. The act further provided that "it shall also be 
 the province and duty of said bureau, ... to gather, 
 compile, publish and supply useful information con- 
 cerning corporations." 
 
 Under the authority of this act, the Bureau of Cor- 
 porations made an exhaustive investigation, among oth- 
 ers, of two of the most formidable trusts, the Standard 
 
 1 Fifty- seventh Congress, Ses. .II, Ch. 552, 1903. 
 
50 THE PROGRESSIVE MOVEMENT 
 
 Oil Company 1 and the American Tobacco Company. 2 
 The public knew something of the methods of the first 
 of these two organizations through the monumental 
 work of Ida Tarbell : and imagination added to the 
 really startling picture that Miss Tarbell painted. 
 Nevertheless, the reports of the Bureau of Corporations, 
 showing a thoroughness and accuracy that could not be 
 questioned, and coming from an official source, were 
 surprising in the extreme. They showed that these 
 corporations almost completely controlled their respec- 
 tive products, that they had acquired that control by 
 unfair competition and sharp practices, and that they 
 used their advantage to raise prices. 
 
 Koosevelt, however, even before the reports of the 
 Bureau of Corporations were completed, determined to 
 use the only available law to meet the situation, the 
 Sherman Anti-Trust law. In Xovember, 1906, suit 
 for dissolution was filed in the federal courts against 
 the Standard Oil Company, and in July. 1907, against 
 the American Tobacco Company. It is probable that 
 the President, in bringing these suits, felt the inade- 
 quacy of the Sherman law, and that he shared a rather 
 widespread belief that the anti-trust law was crude, in- 
 flexible, and difficult, and that, if applied in all its 
 literalness, it would destroy business prosperity. What 
 he felt was needed was regulation and supervision, and 
 not annihilation. 
 
 But. although there was a clear violation of the law 
 by both corporations, the full penalty of the act was 
 never imposed upon either. The punishment of being 
 compelled to dissolve was more apparent than real, and 
 
 1 Report, of the Commissioner of Corporations on the Petroleum 
 Industry (Parts I and II). May 20, 1907. and August 5, 1907. 
 
 3 Report of the Commissioner of Corporations on the Tobacco 
 Industrr (Parts I and II), February 25, 1909, and September 25, 
 1911. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 51 
 
 no great damage resulted from its infliction. What 
 seemed to weaken the Sherman Law most in connection 
 with the decisions were the remarks of Chief Justice 
 White to the effect that the Act was aimed at Unrea- 
 sonable" restraint of trade only. Although these re- 
 marks were not necessary to the decision, they were 
 taken to indicate the attitude of the Supreme Court on 
 the point and to mean in substance that the court would 
 use an unusually large amount of discretion in en- 
 forcing the law. 1 
 
 Eoosevelt's efforts to subject corporations to efficient 
 federal control and to eliminate the evils and retain 
 the advantages of business conducted on a large scale 
 were stopped in 1907 by the financial panic of that 
 year. 2 It was Roosevelt's undoubted intention and de- 
 sire that his successor, Taft, should carry on the work 
 where he had left off and find the solution of the prob- 
 lem of corporation control. How he was disappointed 
 and deceived is well known. 
 
 The conservation movement — a movement to protect 
 the nation's natural resources from exploitation by a 
 few powerful interests — was a second phase of the fight 
 against corporations and special privilege waged by the 
 progressive forces in the Republican party during 
 Roosevelt's administration. Conservation, says Gifford 
 Pinchot, 3 "stands against the waste of the natural re- 
 sources which cannot be renewed, such as coal and iron ; 
 it stands for the perpetuation of the resources which can 
 be renewed, such as the food-producing soils and the for- 
 ests ; and most of all it stands for an equal opportunity 
 for every American citizen to get his fair share of bene- 
 fit from these resources, both now and hereafter/' 4 
 
 x 221 XL S. 1, 106. 
 
 2 For a fuller discussion of corporations, see Chapter VIII. 
 
 3 The Fight for Conservation, p. 79. 
 
 4 The italics are mine. 
 
52 THE PROGRESSIVE MOVEMENT 
 
 Although the American Association for the Advance- 
 ment of Science by a memorial presented in IS 73, re- 
 inforced by another in 1890, succeeded in having estab- 
 lished a forestry bureau in the Department of Agricul- 
 ture and brought about the first national reserve in 
 1891: and, although as a result of the publication of a 
 book by Major J. W. Powell entitled "Lands of the 
 Arid Region,* 7 the United States Geological Survey was 
 authorized to establish an irrigation division and the 
 Secretary of the Interior was given the right to with- 
 draw from private entry reservoir sites — although due 
 credit must be given to ail these agencies, it was Theo- 
 dore Roosevelt who first made conservation a national 
 issue and warned the people that they must fight to 
 save their heritage of minerals, water, forests, and 
 land. 1 
 
 On March 14. 1907, Eoosevelt appointed the Inter- 
 state Waterways Commission to investigate conserva- 
 tion so far as it concerned the waterways of the coun- 
 try. The commission, after a trip over the country, 
 realizing the magnitude of the whole problem, recom- 
 mended to the President that he call a conference at 
 Washington to discuss the conservation of natural re- 
 sources. The President agreed and sent invitations at 
 first to the governors of the states and later to the Vice- 
 President, members of the Cabinet, both Houses of 
 Congress and some leading scientists. The conference 
 was held in the White House May 13, 1908, and con- 
 sidered the whole question of conservation. As a result 
 of the meeting, the National Conseiwation Commission. 
 with Gilford Pinchot at the head, was established. This 
 commission undertook as its first task to make an in- 
 ventory of the natural resources of the country. This 
 inventory contained a vast amount of valuable infor- 
 1 See Van Hise, Conservation of Natural Resources. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 53 
 
 mation necessary to an intelligent determination of the 
 problems of conservation. The report was approved by 
 a conference of governors and by the President and was 
 later published. 
 
 In this fight to protect the natural wealth of the 
 country from private exploitation and waste, Eoose- 
 velt received no aid from the majority of the members 
 of Congress. On the contrary, everything possible was 
 done to hamper him. The President asked for an ap- 
 propriation for the commission. Senator Nelson of 
 Minnesota requested $25,000 for necessary traveling 
 expenses, room rent, etc. No heed was paid to either. 
 Congress ignored the President's demand and Senator 
 Hale killed Nelson's request in committee. 
 
 And this was not all. It had been the custom of the 
 Conservation Commission to use as experts men con- 
 nected with various government bureaus. James A. 
 Tawney of Minnesota introduced and supported a clause 
 in the sundry civil appropriation bill prohibiting these 
 experts from giving any of their time to the work of 
 the commission. With its money and men both cut off, 
 the commission was well-nigh helpless. Moreover, the 
 House committee on printing refused to grant permis- 
 sion to have printed the report of the commission in- 
 tended for general distribution to show the people what 
 resources were available, their probable life, and what 
 resources had been exhausted. 
 
 While it is true, therefore, that under Koosevelt's 
 administration private interests were checked in their 
 exploitation and wanton destruction of natural re- 
 sources, it is equally true that Eoosevelt was checked 
 in his effort to put the conservation movement on a 
 secure foundation. So far as conservation is concerned, 
 leaving out, of course, the invaluable service in arousing 
 public opinion in this country and in fact all over the 
 
54 THE PEOGBESSIVE MOVEMENT 
 
 world on the question, the result of the battle between 
 Koosevelt and the special interests on the conservation 
 issue was a deadlock. Koosevelt had not been out of 
 office a year before the interests were back at work in 
 Alaska trying to appropriate the immense national 
 wealth of that territory to their own selfish use. 
 
 Before considering the tariff as the third issue on 
 which the fight against special influence was waged, it 
 will be well to trace briefly the rise of that progressive 
 spirit in the Eepublican party in various states that 
 made possible the revolt against Cannon and Cannon- 
 ism in 1909-10, when the tariff law was before Congress. 
 Most important among progressive Eepublican governors 
 were La Follette in Wisconsin, Pingree in Michigan, 
 Cummins in Iowa, Hughes in ]\ T ew York, and Johnson 
 in California. Brief mention should also be made of 
 the political experiments in Oregon. 
 
 Of the work of all these men, that of La Follette in 
 Wisconsin contributed most to the progressive move- 
 ment in the Eepublican party. As a young man, La 
 Follette had locked horns with the interests, running 
 for district attorney of Dane County against the 
 wishes of the bosses and winning in spite of their oppo- 
 sition. His success in opposing the machine and his 
 efficient administration of the district attorney's office 
 won many friends and made possible his election to 
 Congress. In 1890, owing to peculiar conditions, the 
 Eepublican party in Wisconsin was defeated and La 
 Follette failed to be returned to Congress. He felt his 
 defeat keenly and retired to private life, taking up his 
 law practice with the intention of remaining out of poli- 
 tics for good. 
 
 But circumstances forced him back into the fight. 
 The Eepublicans who had long held complete control 
 of the government before the Democratic landslide in 
 
PROGRESSIVE MOVEMENT IN EEPUBLICAN PARTY 55 
 
 1890 had used the office of state treasurer as a most 
 effective means of political graft. It was customary for 
 the state treasurer to deposit the state money in any 
 banks he chose, upon such terms as he could command, 
 and with the understanding that part of the interest was 
 to go to him. In this way the state had been cheated 
 of hundreds of thousands of dollars. The Democrats, 
 wishing to make a record and to embarrass their op- 
 ponents, brought suits against former state treasurers 
 to recover the money that had been stolen from the 
 state. 
 
 The bondsman for most of these former officials was 
 a machine boss of extreme wealth and influence named 
 Sawyer who, when he found himself in danger of losing 
 $300,000 on his bonds, exerted himself to have the suits 
 called off. The cases were to be tried before Judge 
 Siebecker, La Toilette's brother-in-law and former law 
 partner ; and, through La Toilette, Sawyer hoped to in- 
 fluence the disposition of the actions. According to La 
 Toilette, Sawyer offered him a bribe to "fix" Siebecker. 
 La Toilette indignantly refused, published an account 
 of the incident, and resolved to make unrelenting war 
 on the system and to free Wisconsin from machine poli- 
 tics. 
 
 The story of La Toilette's fight for decent govern- 
 ment in Wisconsin reads like a novel. Every con- 
 ceivable influence was used to defeat and ruin him. In 
 the campaign of 1892 he asked the state committee for 
 permission to speak. His request was at first denied, 
 and it was only after he had threatened to speak inde- 
 pendently that the committee yielded its consent. 
 
 In 1894 he carried on the fight, supporting for the 
 nomination for governor Nils P. Haugen, a progressive 
 of an advanced type. Haugen was beaten. In 1896 
 and 1898 La Toilette ran for the nomination for the 
 
56 THE PEOGKESSIVE MOVEMENT 
 
 governorship himself and was beaten each time, al- 
 though he made increasing inroads upon the strength 
 of the machine. Finally in 1900, after a struggle with 
 the bosses and special interests lasting six years, he was 
 nominated and elected governor and began his work of 
 constructive legislation. 
 
 The two measures which La Follette wished to put 
 through during the legislative session of 1901 were a 
 direct primary law and a law providing for a fairer tax- 
 ation of railroads. Because of the activities of the lob- 
 byists, both measures failed. In 1902, however, the 
 fight was renewed and this time was successful. Rail- 
 roads were forced to bear their full share of taxation; 
 and, as a result, railroad taxes increased more than 
 $600,000 a year. The direct primary bill, too, was 
 passed at this session, with the provision, however, that 
 it be submitted to a popular referendum 1 before finally 
 becoming law. 
 
 Two other measures of importance were passed : an 
 inheritance tax law and a law governing lobbying. Of 
 these, the more important was the law governing lobby- 
 ing, growing as it did out of the hard and bitter struggle 
 that La Follette and his followers had waged for years 
 against the unseen government. The law required all 
 lobbyists to register with the secretary of state, giv- 
 ing the names and business of their employers ; and fur- 
 ther provided that no lobbyist should hold secret com- 
 munication with legislators or legislative committees. 
 
 Having succeeded so well with his first measures, La 
 Follette pressed on with other reforms, including work- 
 ingmen's compensation, income tax, an industrial com- 
 mission, and a railroad commission with power to fix 
 rates. Of these, the industrial commission and the rail- 
 
 *At the referendum election, in 1904, the law was adopted by 
 a majority of over 50,000. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 57 
 
 road commission are most significant because they were 
 contributions of a unique constructive kind to the pro- 
 gressive thought of the country. The industrial com- 
 mission — the first of its kind in the country x — has 
 power to "control and regulate the most difficult ques- 
 tions of sanitation, safety, health and moral well-being 
 which affect the workers of the state. It is one of the 
 most important innovations we have made, one charged 
 with the greatest possibilities for improving the lives of 
 working men and women, and one which should be 
 watched and studied by every one who is interested in 
 forward movements." 2 The railroad commission, com- 
 posed of three members appointed by the governor, has 
 the power to fix rates, control service, and make a com- 
 plete physical valuation of the railroad property of the 
 state. So scientific and painstaking has the work of the 
 commission been that it has been able at the same time 
 to reduce rates and increase the profits of the railroads. 
 All rate-making was based on three factors: (1) the 
 physical valuation of the railroads; (2) the cost of 
 maintenance; and (3) the cost of operation. So fair 
 was this method in practice that not only the people but 
 the railroads themselves have acknowledged the great 
 benefits the railroad commission has brought to the state. 
 Another Republican governor who, by his fight 
 against special interests in government, prepared the 
 way for the progressive movement in the Republican 
 party was Hazen S. Pingree of Michigan. 3 Pingree, 
 before being elected governor, had been mayor of De- 
 troit, and while in that office attracted widespread atten- 
 tion because of his violent attacks on public utility cor- 
 
 ! La Follette, Autobiography, p. 311. 
 % Ibid., p. 311. 
 
 8 For an account of Pingree 's work, see American Law Review, 
 Vol. XXXIV, pp. 36-50. 
 
58 THE PROGEESSIVE MOVEMENT 
 
 porations and his proposal to aid the poor by allowing 
 them to use the vacant lands owned by the city. Dur- 
 ing his two terms as governor (1897-1900) Pingree 
 advocated a great many measures now classed as pro- 
 gressive. Among them were direct election of United 
 States senators, direct primaries, regulation of lobbying, 
 control of trusts and railways, an eight-hour working- 
 day, and others. Pingree's most important work, how- 
 ever, was done in connection with three reforms : regu- 
 lation of railroad rates ; the change in the basis of rail- 
 road taxation from specific to ad valorem ; and munici- 
 pal ownership of public utilities. 
 
 In 1891 the state legislature had passed an amend- 
 ment to the railroad law, requiring, among other things, 
 that railroads should sell mileage books, good for 1,000 
 miles, at the rate of $20 a book in the lower peninsula 
 and $25 a book in the upper. A man named Smith, 
 having applied for one of these tickets and being re- 
 fused, appealed to the courts for a mandamus to compel 
 the railroad to sell the mileage book as required by law. 
 The railroad company lost in the state courts; but, 
 later, upon appeal to the federal courts, was successful 
 in having the law declared unconstitutionoal on the 
 ground that it took away property without due process 
 of law. Pingree, undaunted, himself brought an action 
 against another railroad company, the Michigan Cen- 
 tral; but he, too, was unsuccessful in having the law 
 enforced, the court * deciding in this case that by its 
 charter the Michigan Central had the right to fix and 
 regulate its charges at a rate not to exceed three cents 
 a mile. 
 
 In his attempt to reform the state system of taxation, 
 Pingree met with failure, but this time only tem- 
 porarily. In a message to the legislature in 1897, the 
 
 1 Attorney- General vs. Pingree, 120 Mich. 550. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 59 
 
 governor called attention to the fact that the total valu- 
 ation of property in the state was $818,086,160, of 
 which railroad property made up $316,333,027.90. 
 For the same year the total tax levy was $20,633,571.04, 
 of which the railroads contributed $741,408.77, 1 
 or only about one-tenth of their share. After a hard 
 tussle, the governor secured the passage of a bill pro- 
 viding for a board of three members appointed by the 
 governor to assess the taxable property of railroads 
 within the state, to find the average rate of taxation for 
 state, county and municipal purposes, and to apply that 
 rate to the assessed valuation of railroad property. The 
 supreme court of Michigan in 1899 2 declared the law 
 unconstitutional on the ground that as an ad valorem tax 
 it should be levied uniformly with other state taxes 
 and not made equal to the average of all taxes, state 
 and local. Nothing daunted, however, Pingree set 
 about to have passed a constitutional amendment that 
 would give the legislature the power to tax the rail- 
 roads as he proposed. As a result of Pingree's agita- 
 tion there was passed at an extra session of the legisla- 
 ture in 1900 a joint resolution, providing for the collec- 
 tion of specific taxes from corporations and for the "as- 
 sessment of the property of corporations at its true cash 
 value by a state board of assessors and for the levying 
 and collecting of taxes thereon." 3 This amendment 
 was then presented to the people at the November elec- 
 tion, and was carried. In this way, Pingree's second 
 reform, although blocked for a time by the courts, at 
 last succeeded. 
 
 The third great reform which Pingree tried to effect 
 
 1 Message of Governor H. S. Pingree to Twenty-ninth Legisla- 
 ture, p. 13. 
 
 2 120 Michigan 95. 
 
 "See Constitution of Michigan, Art. XIV, Sec. 10. 
 
60 THE PEOGEESSIVE MOVEMENT 
 
 was municipal ownership of street railways. The legis- 
 lature passed a bill creating the Detroit Street Kailway 
 Commission, to which was given the power to acquire 
 street railways wholly within the city limits. A short 
 time after the commission had been appointed and had 
 opened negotiations for the purchase of the railways, a 
 case was taken to the courts to determine the validity 
 of the act. The court decided that, inasmuch as the 
 state constitution expressly prohibited the state itself 
 from being "a party to, or interested in, any work of 
 internal improvement," and inasmuch as buying street 
 railways comes under the head of being interested in an 
 internal improvement, the state could not authorize a 
 city to do what it could not do itself. 1 
 
 Pingree failed to carry out two of the three great re- 
 forms for which he contended, not because of any lack 
 of energy or ability on his part, but because the funda- 
 mental law — of the nation in one case and of the state 
 in the other — as interpreted by the highest courts, pro- 
 hibited the measures which Pingree succeeded in 
 forcing through the legislature. Where it was possible, 
 as in the case of railroad taxation, Pingree met the ob- 
 jections of the court by adding an amendment to the 
 constitution; where that could not be done, there was 
 nothing to do but wait until the fundamental law could 
 be changed or the court induced to modify its interpre- 
 tation of it. In Pingree' s case, as in the case of so 
 many other reformers, progress was made impossible 
 because of a rigid constitution and a conservative court. 
 
 Like La Follette and Pingree, Cummins, three times 
 governor of Iowa, and later United States senator, saw 
 clearly the issues of the progressive movement. He saw 
 that the most important question was the relation of 
 corporations to government and he feared, as so many 
 
 1 120 Michigan 550. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 61 
 
 others have feared, that, if the government does not 
 find an effective means of controlling corporations, cor- 
 porations will inevitably control government. "Wealth," 
 said Cummins in his first inaugural address, "and es- 
 pecially incorporate wealth, has many rights; but it 
 should always be remembered that among them is not 
 the right to vote. Corporations have, and ought to have, 
 many privileges ; but among them is not the privilege 
 to sit in political conventions or occupy seats in legisla- 
 tive chambers." 1 
 
 In his messages to the legislature, during his three 
 terms as governor, Cummins urged the adoption of a 
 number of reforms, including a state-wide primary law, 
 a law limiting the amount of capital stock issued by 
 corporations, a law prohibiting free passes on railroads, 
 a child labor law, direct inheritance tax, direct election 
 of United States senators, a corporation tax, an employ- 
 ers' liability act, a law prohibiting lobbying, a law giv- 
 ing the railroad commission power to fix rates, a corrupt 
 practices act, and a law limiting the number of hours 
 of continuous work in railway service. Although the 
 legislature did not pass laws on all these subjects, the 
 amount and character of progressive legislation enacted 
 was considerable. 2 Perhaps the most notable law passed 
 while Cummins was governor was the commission gov- 
 ernment law for cities, which has become famous every- 
 where in the country as "the Des Moines Plan." 
 
 Governor Hughes properly is classed among progres- 
 
 1 Iowa Documents, 1902, Vol. I., p. 12. 
 
 2 Among these laws were: Law forbidding corporations to con- 
 tribute to political campaigns, C. 73, L. of 1907; law limiting 
 hours of continuous service on railways, C. 103, L. of 1907; direct 
 primary law, C. 51, L. of 1907; law regulating capital stock, 
 C. 71, L. of 1907; law prohibiting free passes, C. 112, L. of 1907; 
 law governing child labor, C. 103, L. of 1906; resolution favoring 
 direct election of U. S. senators, Joint Resolution No. 3, 1904. 
 
62 THE PKOGEESSIVE MOVEMENT 
 
 sive Republican governors because of the three great 
 reforms for which he contended during his two terms 
 in office. These three reforms were: first, provision 
 for a commission to control public utilities in the state ; 
 second, the passage of a law prohibiting race-track 
 gambling; and, third, the enactment of a thorough- 
 going direct primary law. 
 
 The greatest achievement of Governor Hughes was 
 the passage of the public service commissions law, creat- 
 ing the public service commissions. Under this law the 
 state is divided into two districts, the first including 
 Greater Xew York, and the second the rest of the 
 state. Each district has a commission composed of five 
 members appointed by the governor with the advice and 
 consent of the senate, the term of office being -Qye years, 
 one commissioner retiring each year. Each commission, 
 within its district, has power to investigate the accounts 
 of railroads and other public utility corporations, pre- 
 scribe uniform methods of accounting, fix rates, compel 
 better service, pass upon franchises, and in general ex- 
 ercise supervision over the affairs of public utility cor- 
 porations. 
 
 The efficiency of these public service commissions in 
 iNew York, as in the case of all other commissions, de- 
 pends largely upon the men chosen by the governors to 
 act as commissioners. The public service co mmi ssions 
 law went into effect on July 1, 1907. Although it was 
 intended as a check on corporations and special inter- 
 ests, there is grave suspicion that it is becoming a mere 
 tool in their hands. There is every evidence that in the 
 last few years appointments have been made without 
 any consideration of fitness, but solely as a matter of 
 political preferment. 
 
 In his struggle to remove gambling at race tracks, 
 Hughes led one of the bitterest political battles ever 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 63 
 
 waged in New York State. The forces of evil, corrup- 
 tion, and special influence were arrayed against him al- 
 most to a man. Investigations held years later showed 
 that legislators had been bribed with substantial sums 
 to vote against the bill. But in spite of all this opposi- 
 tion, by the narrow margin of one vote — the vote of Sen- 
 ator Foelker, who was carried in from a sick chamber — 
 the bill was passed and race-track gambling was pro- 
 hibited in the state. 
 
 The direct primary bill, known as the Hinman-Green 
 bill, for which Governor Hughes was sponsor, was pre- 
 pared after a careful study of direct primary legisla- 
 tion in other states and was most thorough. After a 
 persistent fight, however, in which the bosses and spe- 
 cial interests of both the Democratic and Republican 
 parties combined against him, Hughes' direct primary 
 bill was beaten. It was a striking illustration of the 
 power of the political machines and awakened thou- 
 sands in New York to the fact that popular government 
 was in danger. 
 
 Hiram W. Johnson of California, because he was 
 largely instrumental in breaking down a political ma- 
 chine and in enacting a large amount of reform legis- 
 lation, deserves to be ranked among the governors who 
 developed the progressive movement in the Republican 
 party. When Johnson was elected governor in 1910, the 
 Southern Pacific Railroad dominated the political life 
 of California and openly boasted of it. "The following 
 statement issued immediately after the November elec- 
 tions (1910) by Meyer Lissner, Chairman of the Re- 
 publican State Central Committee, indicates how com- 
 plete was the anti-machine victory : 
 
 : 'Four years ago the first serious organized ef- 
 fort to take the control of the government of Cali- 
 
64 THE PKOGRESSIVE MOVEMENT 
 
 fornia from the political bureau of the Southern 
 Pacific Eailroad was begun. Those loyal, real 
 Republicans, who initiated that movement, were 
 laughed at for their pains. The railroad had so 
 long been in control, its tentacles were so firmly 
 fastened in every governmental department, state, 
 county and municipal, that it was generally con- 
 sidered invincible.' " 1 
 
 The representatives of the Southern Pacific sat in the 
 legislature, in the governor's chair, and on the bench 
 and defied reformers to oust them. It was Johnson 
 who accepted the challenge and successfully performed 
 the task. 
 
 Some idea of the extent to which the state was con- 
 trolled by special interests may be gained by a brief 
 survey of the legislative session of 1909. Although a 
 majority of the senate and assembly favored the pas- 
 sage of reform measures, the machine, by gaining con- 
 trol of the organization of both senate and assembly 
 and placing upon the important committees men who 
 could be depended upon to look out for the special in- 
 terests, was able to block completely many progressive 
 measures and to mutilate beyond recognition those that 
 did pass. The three principal issues that came before 
 the legislature were the anti-race-track gambling bill, the 
 direct primary bill, and the railway rate regulation bill. 
 By combining forces and steadfastly refusing to yield 
 or compromise, the progressives managed to pass the first 
 of these measures. In the case of the direct primary 
 bill, where two issues were involved, the machine and 
 the progressives divided the victory. The machine 
 fought for a direct primary law that would require a 
 
 1 From Hichborn, Story of the California Legislature of 1911, 
 p. 11. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 65 
 
 majority or a high plurality to nominate and would 
 throw the nomination into a convention if the majority 
 or high plurality were not obtained. In this way, the 
 machine, by putting a great number of candidates into 
 the field and thus preventing anyone from obtaining the 
 necessary majority or plurality, hoped to defeat the pur- 
 pose of the direct primary law and retain the convention 
 system. On this first issue, the machine was beaten be- 
 cause it was clearly shown that any law providing for 
 anything other than a mere plurality vote would be un- 
 constitutional. On the second issue, the machine con- 
 tended for a primary law that would give the voters an 
 opportunity to express a choice for United States senator 
 by districts and not over the entire state and with the 
 understanding that the vote of the people was advisory 
 and not binding. Under this arrangement the machine 
 expected that there would be as many designations for 
 United States senator as there were districts and that 
 ultimately the election would be entirely in the hands 
 of the legislature as under the old system. By clever, 
 cunning tactics, the machine element in the legislature 
 contrived to win out on this second issue. 1 The third 
 great question before the California legislature in 1909 
 was the question of railway rate regulation. Here again 
 the machine won. What the progressives desired to 
 pass was a law giving to the railroad commission then 
 in existence the right to fix an absolute rate. What the 
 machine wanted when it saw that some legislation was 
 bound to be passed was a law fixing a maximum rate. 
 By concentrating argument upon the constitutionality 
 of the bill fixing an absolute rate and thus confusing 
 the progressives who wanted some kind of regulatory 
 measure, the machine carried its point and the bill that 
 1 See Hichborn, Story of the California Legislature of 1909, pp. 
 
66 THE PBOGKESSIYE MOVEMENT 
 
 passed gave to the state commission merely the power to 
 fix maximum rates. 1 
 
 In his inaugural address, Governor Johnson, mindful 
 of the record of the legislature of 1909 and its prede- 
 cessors, declared: "The problem first presented to us, 
 therefore, is how best can the government be made re- 
 sponsive to the people alone \ blatters of material pros- 
 perity and advancement, conservation of resources, de- 
 velopment of that which lies within our borders are easy 
 of solution when once the primal question of the peo- 
 ple's rule shall have been determined. In some form 
 or other nearly every governmental problem that in- 
 volves the health, the happiness, or the prosperity of the 
 state has arisen, because some private interest has in- 
 tervened or has sought for its own gain to exploit either 
 the resources or the politics of the state. I take it, 
 therefore, that the first duty that is mine to perform is 
 to eliminate every private interest from the government, 
 and to make the public service of the state responsive 
 solely to the people/' 2 
 
 Stirred by the earnestness and determination of the 
 governor, the legislature of 1911 set out to pass the laws 
 which the preceding legislature had failed to pass and 
 to perfect those which it had passed in a mutilated form. 
 After the reformers, who were coming more and more to 
 be known as progressives — had organized both the sen- 
 ate and the assembly, so as to give them control of the 
 important committees and therefore of legislation, they 
 proceeded to elect John D. Works, a progressive, United 
 States senator, amended the direct primary law so as 
 to make possible the direct nomination of United States 
 senators by popular, state-wide vote, abolished the 
 
 1 For a discussion of the whole subject, see ibid., pp. 121-144. 
 
 2 Hichbom, Story of the California Legislature of 1911, App. 
 pp. i and ii, The italics are mine. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 67 
 
 "party circle" and the "party column" so dear to the 
 hearts of all bosses and machine politicians, passed an 
 amendment to the constitution providing for the initia- 
 tive and referendum, put through in the face of strong 
 opposition an amendment giving the people the right 
 to recall all elected officials, executive, legislative, and 
 judicial, repealed the weak railway rate regulation law 
 passed at the preceding session and substituted for it a 
 law empowering the state commission to fix absolute 
 rates, enacted laws governing the conservation of natu- 
 ral resources; passed an employers' liability act, an 
 eight-hour law for women, an amendment to the consti- 
 tution giving women the right to vote, and numerous 
 other progressive measures, which taken together made 
 up a larger body of progressive legislation than all pre- 
 ceding legislatures combined had passed. "Up to the 
 session of the 1911 legislature, representative govern- 
 ment had, for a generation, been practically unknown 
 in California. But with The People armed, as they 
 now are, with the Initiative, the Referendum and the 
 Recall, no government that is not representative, no 
 government that fails to respond to the will of The Peo- 
 ple, need be tolerated." 1 
 
 The story of the development of the progressive 
 forces in the Republican party would be incomplete 
 without some mention of the magnificent constructive 
 work done in the state of Oregon. The progressive 
 measures of chief importance worked out in that state 
 are those that have to do with direct legislation. These 
 measures include the initiative, the referendum, the re- 
 call, direct primaries, presidential preference primaries, 
 popular election of United States senators and a corrupt 
 practices act. The constitutional amendment provid- 
 ing for the initiative and the referendum was adopted in 
 1 Hichborn, Story of the California Legislature of 1911, p. 348. 
 
68 THE PROGRESSIVE MOVEMENT 
 
 the general election of 1902 by a vote of about eleven to 
 one. 1 In 1901 the direct primary law, including a provi- 
 sion for popular election of United States senators, was 
 ratified by the people. In 1908 there followed the corrupt 
 practices act and in 1910 the constitutional amendment 
 authorizing the recall of all elective officials. The adop- 
 tion of these measures enabled the citizens of Oregon to 
 make and reject laws, recall recalcitrant and faithless 
 officials, nominate candidates for the presidency di- 
 rectly and without the intervention of a convention, and 
 choose their own United States senators. So far as laws 
 could make them, the people of Oregon were politically 
 free. 2 
 
 Thus far we have seen how the progressives in the 
 Republican party contended against the corporations 
 on the issue of corporation control and conservation; 
 we have seen, moreover, how there arose in various 
 states, as the result of hard fighting, progressive spirit 
 and progressive legislation. There remains to be con- 
 sidered the final phase of the contest with the corpora- 
 tions under Taft's administration, centering about the 
 efforts of the corporate interests to have the tariff re- 
 vised to their advantage. 
 
 Roosevelt, at the expiration of his seven years as 
 President, in indorsing Taft as his successor, undoubt- 
 edly believed that he would carry to completion the 
 measures for which he, Roosevelt, had so strenuously 
 fought. Xever did a man prove more disappointing. 
 Although everyone, including Taft in his campaign 
 speeches, interpreted the promise in the Republican 
 platform as a pledge to revise the tariff downward, Taft 
 allowed Congress to revise it upward, signed the bill 
 
 1 Eaton, The Oregon System, p. 4. 
 
 2 For a full discussion of the "working of the Oregon system, its 
 advantages and its perils, see Eaton, The Oregon System. 
 
PROGRESSIVE MOVEMENT IN REPUBLICAN PARTY 69 
 
 and then in a speech at Winona had the effrontery, as 
 his opponents put it, to declare the Payne- Aldrich tariff 
 the best tariff bill ever enacted. ". . . President Taft's 
 sponsorship for the administration railroad bill, with 
 its commerce court, its repeal of the anti-trust act in 
 its application to railroads, and its legalizing of all 
 watered railroad capitalization; his course regarding 
 Ballinger and the Cunningham claims, and the subter- 
 fuges resorted to by his administration in defense of 
 Ballinger ; his attempt to foist upon the country a sham 
 reciprocity measure ; his complete surrender to the legis- 
 lative reactionary program of Aldrich and Cannon and 
 the discredited representatives of special interests who 
 had so long managed congressional legislation, ren- 
 dered it utterly impossible for the progressive Repub- 
 licans of the country to support him for reelection." 1 
 
 It was the tariff session of 1909, however, which 
 more than any other single factor, drew the line sharper 
 between progressives and reactionaries and defined the 
 progressive movement for the country. From the first, 
 a small group of progressive Republicans, including 
 Beveridge, Bristow, Clapp, Cummins, Dolliver, and La 
 Follette, opposed the bill which the Payne-Aldrich 
 forces planned to foist upon the people. All kinds of 
 pressure were brought to bear upon these and other op- 
 ponents of the measure to make them yield. They were 
 invited to take breakfast with the President and talk it 
 over ; when persuasion failed they were threatened with 
 loss of patronage, and in some instances the threat was 
 carried out. When La Follette protested against these 
 unfair tactics and asked that certain appointments be 
 made, the President replied that he could not take the 
 matter up "until after the tariff bill is passed." 2 
 
 x La Follette, Autobiography, pp. 477 et seq. 
 *Ibia. f p. 454. 
 
70 THE PROGRESSIVE MOVEMENT 
 
 Convinced that the time for an open break with the 
 administration had come, a few progressive senators 
 and members of the House of Representatives joined 
 together to form the National Progressive Republican 
 League. The object of the League was stated to be "the 
 promotion of popular government and progressive legis- 
 lation." 1 The specific reforms advocated were : 
 
 (1) The election of United States senators by di- 
 
 rect vote of the people. 
 
 (2) Direct primaries for the nomination of elec- 
 
 tive officials. 
 
 (3) The direct election of delegates to national 
 
 conventions with opportunity for the voter 
 to express his choice for President and 
 Vice-President. 
 
 (4) Amendments to state constitutions providing 
 
 for the initiative, referendum and recall. 
 
 (5) A thorough-going corrupt practices act. 
 
 The formation of this League, which grew with as- 
 tonishing rapidity and was largely instrumental in ob- 
 taining reform legislation in the early part of 1912, 
 forms at once the culmination of the progressive move- 
 ment in the Republican party and the beginning of the 
 new Progressive party. It clearly showed that there 
 was no room for real progressives in the Republican 
 party as it was then constituted and forced the issue 
 of regeneration of the old party or the formation of a 
 new one. 
 
 x La Follette, Autobiography, pp. 495 et seq. 
 
CHAPTEE IV 
 
 THE PROGRESSIVE MOVEMENT IN THE PROGRESSIVE 
 PARTY 
 
 From the beginning of the present century down to 
 the presidential campaign of 1912, the two great politi- 
 cal parties of the country, the Democratic and the Re- 
 publican, divided less and less on clear-cut issues. Both 
 parties favored a revision of the tariff, both favored 
 control of corporations, both favored an improved cur- 
 rency; but both favored them in a meaningless way. 
 Within the parties, however, there were issues which, 
 growing more and more definite, threatened to make the 
 differences between the two factions within each party 
 more pronounced than the differences between the par- 
 ties themselves. It has already been pointed out how 
 in the Republican and Democratic parties there grew 
 up a body of men devoted to progressive ideals who in- 
 sisted on a redefinition of the fundamental issues that 
 would array on one side those who believed in govern- 
 ment by the citizens of the nation and on the other 
 those who believed in government by the special in- 
 terests. In the Democratic party an attempt was made 
 to organize these men by forming the Democratic Fed- 
 eration and adopting a definite set of principles; and 
 similar action was taken in the Republican party by 
 organizing the National Progressive Republican League 
 already referred to. 1 
 x See Chapter III. 
 
 71 
 
72 THE PROGRESSIVE MOVEMENT 
 
 For years, however, the progressive elements con- 
 fined their efforts to an attempt to reform their respec- 
 tive parties from within. The tenacity with which 
 men cling to parties and party traditions has always 
 been a most formidable obstacle in the way of independ- 
 ent reform movements. Men will brook almost any 
 treatment and accept any compromise to ward off the 
 vengeance of the organization or to avoid being read 
 ont of the party. And so for years while special inter- 
 ests everywhere had long since ceased to recognize party 
 lines and bribed the leaders of both parties without 
 discrimination or favor; and while the machine forces 
 of both parties secretly united while ostensibly opposing 
 each other and thus played on party affiliations and 
 affections, the rank and file of the parties were loyal 
 and voted regularly under their respective party em- 
 blems. 
 
 Such a condition of affairs, however, could not con- 
 tinue. Little by little the progressive, anti-machine 
 men of both parties realized that in order to accomplish 
 anything they must abandon party lines as the reaction- 
 ary machine men of both parties did, and combine. 
 And, when the progressive Democrats and insurgent 
 Republicans had combined a few times to defeat some 
 obnoxious bill proposed by the representatives of special 
 interests, they began to find that they had more in com- 
 mon with each other than with the other members of 
 their own parties, and thus the foundation was laid for 
 the construction of a new party standing for new prin- 
 ciples and new ideals. 
 
 The first conspicuous instance of the breaking down 
 of party lines and the union of the progressive forces of 
 both parties on a common issue took place in the ex- 
 traordinary session of Congress in 1909, called for the 
 purpose of revising the tariff. The Eepublican plat- 
 
PEOGRESSIVE MOVEMENT IN PROGRESSIVE PARTY 73 
 
 form of 1908 had promised a revision of the tariff and 
 Taft — with everyone else — had interpreted that to mean 
 a revision downward. The House of Representatives, 
 however, controlled by Cannon, Payne, and others of 
 that ilk, drafted and sent to the Senate a tariff bill that 
 made substantial increases on many important articles. 
 Aldrich, the Republican leader in the Senate, kept the 
 bill in committee forty-eight hours and then reported it 
 with substantial amendments, raising many of the du- 
 ties above those in the House bill and offering no ex- 
 planation of the changes. Aldrich further demanded 
 immediate consideration of the bill, hoping to be able 
 to have it passed before its real character was disclosed. 
 A small group of progressives, including La Follette, 
 Dolliver, Beveridge, Clapp, Dixon, Bourne, Borah, 
 Cummins, and Bristow, opposed the proposition to con- 
 sider the bill at once and managed to postpone the final 
 passage until the bill had been freely discussed. For 
 months this small band of progressives beyond the pale 
 of the party organization fought the tariff bill. They 
 forced the real issue home to the public and made it 
 clear that the leaders in both houses of Congress had 
 "sold out" to the interests. "The extra tariff session," 
 says La Follette in his Autobiography, 1 "did more to 
 give the progressive movement a clear definition in the 
 public mind than any one thing that has transpired in 
 Congress." 
 
 Another instance of the breaking down of party lines 
 that attracted national attention came in the House of 
 Representatives in 1910, when an attempt was made to 
 curtail the powers of Cannon, Speaker of the House. 
 The fight here was not so much against Cannon per- 
 sonally as it was against a system which had been in 
 vogue for years and which Cannon used with conspicu- 
 
 X P. 447. 
 
74 THE PROGRESSIVE MOVEMENT 
 
 ous effectiveness. It had long been the custom in the 
 House of Representatives for the Speaker to appoint a 
 small committee, of which he himself was a member, 
 to formulate rules to govern legislative procedure. This 
 committee, known as the Committee on Rules, could 
 limit the time given to individual members of the House 
 for discussion of bills, could determine under what cir- 
 cumstances members were to be recognized, how com- 
 mittees were to be chosen, and in general control the 
 methods of procedure. 
 
 To tear down this system, insurgent Republicans and 
 progressive Democrats broke loose from party lines and 
 joined forces. Representative George W. Xorris of 
 Xebraska in March, 1910, introduced a resolution to 
 increase the number on the Committee on Rules to ten 
 — six from the majority and four from the minority — 
 and to exclude the Speaker from membership. 1 After 
 a heated discussion, the resolution was adopted, 191 to 
 15 6. 2 Speaker Cannon, who admitted that he had been 
 taken by surprise in the matter, interpreted its true sig- 
 nificance when, after the vote was taken, he said, 
 ". . . The assault upon the Speaker of the House by the 
 minority (the Democrats) supplemented by the efforts 
 of the so-called insurgents, shows that the Democratic 
 minority, aided by a number of so-called insurgents, 
 constituting 15 per cent, of the majority party in the 
 House, is now in the majority, and that the Speaker of 
 the House is not in harmony with the actual majority of 
 the House as evidenced by the vote just taken." 3 After 
 
 1 For the full resolution, see Congressional Record, Vol. XLV, 
 part 4, p. 3429. 
 
 2 Hid., p. 3436. 
 
 z Tbid., 3437. A sense of humor impels me to quote the follow- 
 ing from the same speech: "The Speaker (Cannon) has always 
 believed in and bowed to the will of the majority, in convention, in 
 caucus, and in the legislative hall, and to-day profoundly believes 
 
PROGRESSIVE MOVEMENT IN PROGRESSIVE PARTY 75 
 
 the House had overruled Speaker Cannon on the reso- 
 lution to amend the rules, another resolution to declare 
 the office of Speaker vacant and proceed to the election 
 of a Speaker was offered. This resolution, however, 
 was defeated by a vote of 192 to 155. x 
 
 These two instances — the contest in the Senate and 
 the fight in the House over the rules — although they are 
 by no means the only ones that could be cited, never- 
 theless show clearly that in 1910 there was a strong de- 
 termination in the minds of the progressives of both the 
 old parties to combine to carry out progressive measures 
 even if they had to break up their respective parties in 
 the process. As early as 1911 there was a tacit under- 
 standing among the progressives of the two parties that 
 they would fight their battle for party reformation sepa- 
 rately in their respective parties in the campaign of 
 1912, but that, if both were beaten, they would unite to 
 form a third party. 
 
 The differences between the two factions within the 
 Republican and Democratic parties had greater oppor- 
 tunity to develop and manifest themselves in the early 
 part of 1912 than in any previous presidential cam- 
 paign by reason of the fact that a number of states held 
 presidential preference primaries in that year. These 
 primaries allowed the voter, in choosing delegates to the 
 national convention, to pledge them to vote for desig- 
 nated candidates for President and Vice-President. 
 The practical result of this system was to move forward 
 by several months the contest for delegates and to force 
 
 that to act otherwise is to disorganize parties, is to prevent co- 
 herent action in any legislative body, is to make impossible the 
 reflection of the wishes of the people in statutes and in laws." 
 
 1 It is interesting to note that Norris, who had introduced the 
 resolution to break Cannon's power over the Committee on Rules, 
 voted to retain Cannon as Speaker, showing thereby his reluctance 
 to break down party lines and give the other side any advantage. 
 
76 THE PROGRESSIVE MOVEMENT 
 
 the fight before the people instead of within the four 
 walls of a national committee room or convention hall. 
 Consequently, in every state in which such primaries 
 were held, the candidates of the various factions made 
 speeches, distributed literature,, and canvassed the 
 voters : and. inasmuch as the issues between the con- 
 servatives and progressives in the two parties were more 
 clear cut than issues frequently are between the differ- 
 ent parties, it is fair to say that in almost every state 
 where preference primaries were held there was washed 
 a campaign that for intensity of feeling and warmth of 
 argument rivaled most contests for the presidency it- 
 self. 1 
 
 In the Eepublican party, preparations were made 
 very early to insure the nomination of a progressive in 
 1912. In April. 1911, there was held in Washington 
 a conference of leading progressive Eepublicans at 
 which it was proposed that Senator La Toilette lead the 
 fight against Taft for the Eepublican nomination. In 
 July La Follette's campaign got actively under way. 
 Progressive headquarters were opened in Washington, 
 progressive clubs were organized in a number of the 
 states, thousands of circular letters were sent out. and 
 the services of a corps of speakers obtained. In the late 
 autumn and winter La Follette himself made an ex- 
 tended speaking campaign in Ohio, Michigan, and Illi- 
 nois, addressing thousands and being everywhere 
 greeted with the greatest enthusiasm. On February 2, 
 La Follette attended a banquet of the Periodical Pub- 
 lishers' Association in Philadelphia and made a long 
 speech, in which he called attention to the danger that 
 threatened the press and magazines of the country of 
 
 1 The states that held presidential preference primaries in 1912 
 are: Oregon, Wisconsin, North Dakota. Nebraska, California, New 
 Jersey, Illinois, Massachusetts. South Dakota, and Maryland. 
 
PEOGEESSIVE MOVEMENT IN PEO&EESSIVE PAETY 77 
 
 being controlled by their advertisers for sinister pur- 
 poses. The speech was not up to La Follette's usual 
 high standard; he failed to hold his audience and he 
 appeared weak and run-down from overwork. Shortly 
 after the speech was delivered, Pinchot, who had been 
 supporting La Follette and his candidacy, together with 
 other prominent progressives, announced that La Fol- 
 lette's physical condition made it impossible for him to 
 continue a candidate. These men thereupon trans- 
 ferred their allegiance to Roosevelt. 
 
 This, of course, was not the first time Roosevelt's 
 name had been seriously considered by progressive Re- 
 publicans as the most effective one to oppose to Taft. 
 For months, in fact ever since Roosevelt's return from 
 Africa, there had been persistent rumors that he would 
 be a candidate for the presidency again if only sufficient 
 pressure of the right kind could be brought to bear upon 
 him. It is also said by many that he was willing to 
 meet the pressure halfway. Be that as it may, on 
 February 26, 1912, Roosevelt announced that he would 
 accept the nomination if it were offered to him by the 
 Republican presidential convention. 
 
 Roosevelt's course in waiting until the last moment 
 to announce his intention to become a candidate after 
 repeated statements that under no circumstances would 
 he run has been vigorously denounced and variously 
 explained. La Follette, whose fairness in the matter 
 is subject to impeachment because of the great personal 
 stake involved, suggests that Roosevelt all along was 
 playing the role of a political trimmer waiting to see 
 which way the wind would blow. According to the 
 Wisconsin senator, Roosevelt never had been a progres- 
 sive in the true sense of the term. He had vacillated 
 and compromised. When he returned from Africa, 
 however, in 1910, and found progressive sentiment 
 
78 THE PEOGKESSIVE MOVEMENT 
 
 strong, he decided to take advantage of it for his own 
 advancement. Believing, however, that 1912 would be 
 a Democratic year and unwilling to be defeated, Roose- 
 velt proposed that Taft should be nominated and al- 
 lowed to go down to defeat at the polls. Impressed 
 with the amount and sincerity of progressive sentiment 
 which he encountered in a speaking tour in 1911, Roose- 
 velt changed his mind about 1912 being a Democratic 
 year and saw possibilities of a Republican victory. He 
 was still unwilling, though, to test his own strength 
 against Taft and so suggested that La Follette run. 
 When La Follette was everywhere received by large, 
 enthusiastic crowds, Roosevelt became convinced, so La 
 Follette argues, that he himself could win; and there- 
 upon gave the word to his followers to drop La Follette 
 and turn over their organization to him. The oppor- 
 tunity came after the speech in Philadelphia when La 
 Follette's temporary illness was used as a pretext for 
 withdrawing from his support. 
 
 Although there is no full explanation on the sub- 
 ject from Roosevelt, the facts that are known make it 
 extremely unlikely that La Follette's analysis of Roose- 
 velt's motives is entirely correct. \Tvoosevelt, it is true, 
 had never been a progressive in the same sense that La 
 Follette had. While La Follette had been rigidly un- 
 compromising in his relations with special interests, 
 Roosevelt had yielded whenever it was possible to forge 
 ahead by doing so. Roosevelt fought consistently for 
 good government and human rights step by step, inter- 
 preting the cause in terms of existing needs and always 
 keeping just a little in advance. La Follette, on the 
 other hand, laid down his program far ahead and stuck 
 to it with savage persistence and heroic fidelity.] It is 
 because of these differences that the two men have never 
 been able fully to understand each other ; as was so well 
 
PROGRESSIVE MOVEMENT IN PROGRESSIVE PARTY 79 
 
 shown when La Follette belittled Roosevelt's success in 
 inducing Congress to pass in 1907 the Dolliver-Hep- 
 burn Railway Rate Bill and condemned it as a weak 
 compromise when in the estimate of men all over the 
 country it stood as a magnificent victory over a reac- 
 tionary Congress. 
 
 According to those who support Roosevelt in the dis- 
 pute, w T her_ Roosevelt returned from Africa in 1910, 
 his mind was open on political questions and he denied 
 his intention to run for the presidency again with no 
 mental reservation. A great movement had developed 
 during his absence from the country, and he asked for 
 time to consider it. His first conclusion was that all 
 efforts should be made to harmonize the conflicting ele- 
 ments in the Republican party and suppress differences ; 
 and in conformity with that conclusion he placed him- 
 self in the inconsistent position of openly attacking and 
 defying the bosses in New York State in 1910 and at 
 the same time accepting a stand-pat platform. As time 
 went on it became evident to Roosevelt that the differ- 
 ences between the two elements of the Republican party 
 were irreconcilable and an open conflict unavoidable; 
 and when it came to a decision Roosevelt chose to sup- 
 port the progressive cause. It is pointed out in support 
 of this view that in 1910, even before he returned to 
 America, tremendous pressure was brought to bear upon 
 Roosevelt to head the fight against Taft. It is only 
 partly true that the seven governors wrote to Roose- 
 velt asking him to run because they had been invited to 
 do so. I Once committed to a movement against the ad- 
 ministration, the progressives in the Republican party 
 wanted to do what they could to insure its success ; and 
 that success depended upon nothing more than upon a 
 leader who was popular with the people and who could 
 get votes. No man was better suited for this purpose 
 
80 THE PROGRESSIVE MOVEMENT 
 
 than Roosevelt. La Follette was new. comparatively 
 unknown as a national figure, uncompromising and at 
 times untactful. Such a man, by a speech or an act, 
 would be likely to do irreparable injury to the cause. 
 So reasoned many progressives; and. reasoning thus, 
 they increased the pressure upon Eoosevelt to run. It 
 was natural and inevitable that, in the end. Eoosevelt 
 should accept ; and so. while the defenders of Eoosevelt 
 do not assert that Eoosevelt waited calmly until the 
 nomination was thrust upon him, they protest against 
 the charge that he dissimulated and pretended, know- 
 ing all the time that he intended to run. 
 
 The announcement of Roosevelt's candidacy and the 
 transfer to him of many of La Follette' s influential 
 supporters left the latter with only a few backers and 
 reduced the campaign for the most part to a contest 
 between Eoosevelt and Taft. Because of the close per- 
 sonal relations these two had long sustained, the de- 
 bates were unusually bitter, the contestants in many in- 
 stances stooping to invective and vituperation instead 
 of discussing principles. In spite of this fact, the 
 issues grew clearer and clearer. Although, in the minds 
 of many. Eoosevelt was leading a personal fight for 
 restoration to power, the masses of the people saw in the 
 canvass a conflict between privilege and democracy for 
 the control of the presidency for the ensuing four years. 
 
 The crisis came in the national convention held at 
 Chicago from June lSth to June 22nd, The delegates 
 to the convention were chiefly of three classes : those 
 who had been elected in state conventions: those who 
 had been elected by a direct vote of the people: and 
 those who had been elected by a direct vote of the peo- 
 ple under pledges to vote for designated candidates for 
 President and Vice-President, Of these classes. Taft, 
 through the strength and influence of the federal ma- 
 
PROGRESSIVE MOVEMENT IN PROGRESSIVE PARTY 81 
 
 chine, controlled the first. Roosevelt, because of his 
 effective campaigning and great popularity, controlled 
 the two others. It was apparent, as soon as the conven- 
 tion met, that the contest between Eoosevelt and Taft 
 would be close. Neither candidate had a clear majority 
 of delegates whose seats were uncontested and the fight 
 soon centered on these contested delegates. The Repub- 
 lican National Committee, which had been appointed 
 by the preceding convention four years before and 
 which was undoubtedly controlled by Taft, decided 
 a sufficient number of cases in his favor to insure him 
 a majority. The Roosevelt faction claimed that these 
 decisions were not made in good faith, that the nomi- 
 nation had been stolen, and withdrew from the con- 
 vention. 
 
 Fortunately, both sides of the case have been pre- 
 sented, the one in favor of Roosevelt by himself in an 
 editorial entitled a Thou Shalt Not Steal," in the Out- 
 look of July 12, 1913; and the other by La Follette in 
 his Autobiography. 1 There were 1,078 delegates to the 
 convention. Five hundred forty were necessary to 
 nominate. On the final vote Taft received 561, or 
 21 more than the necessary majority. The burden of 
 Roosevelt's argument is not that he (Roosevelt) was en- 
 titled to a majority of the delegates, but that Taft's 
 majority was not honest. "More than enough delegates 
 to make up Mr. Taft's majority in the convention," he 
 says, "were seated there by contests so transparently 
 fraudulent that honest doubt could not, and did not, 
 exist in regard to them. President Taft was renomi- 
 nated by a majority of barely twenty-one votes, and two 
 of these were publicly raped at the last moment from 
 Massachusetts. If, therefore, more than nineteen or 
 twenty-one of his votes were demonstrably fraudulent, 
 
 1 Pp. 658 et seq. 
 
82 THE PEOGEESSIVE movement 
 
 all claim to an honest majority disappears." He then 
 goes on to show that more than nineteen or twenty-one 
 votes cast for Taft were fraudulent and that Taft's 
 majority ? therefore, was not honest. 
 
 The burden of La Toilette's proof, on the other hand, 
 is not that Taft was honestly nominated, but that Roose- 
 velt could not possibly claim a majority of the dele- 
 gates. According to the analysis presented by La Fol- 
 lette, Roosevelt's actual strength in the convention was 
 451. There were in all 105 contests involving 248 seats. 
 Of these 248 disputed delegates, 164 were given to Taft 
 and 19 to Roosevelt without objection on either side. 
 That left 65 delegates in dispute. The Roosevelt mem- 
 bers of the committee themselves protested against seat- 
 ing but 72 Taft delegates. La Follette concludes that 
 "there was no basis for the claim that a majority of the 
 delegates honestly elected to the National Convention 
 were for Roosevelt ; that even if the entire 72 covered 
 by the Hadley resolution had been given to Roosevelt, 
 he would not have had enough to nominate him. . . ." * 
 
 The conclusion of the whole matter seems to be that 
 neither Roosevelt nor Taft had enough honestly elected 
 delegates to nominate him; that Taft through the Na- 
 tional Committee, which he controlled, had sufficient 
 doubtful cases resolved in his favor to change his minor- 
 ity into a majority. Whether the decisions in these 
 cases were dishonest it is difficult to say. Without 
 doubt, the same steam-roller methods that had been used 
 in other conventions were used here ; but because of the 
 closeness of the contest and the bitterness of the feeling 
 they were more conspicuous and more obnoxious than 
 ever before. 
 
 Realizing that Taft by the use of steam-roller methods 
 could dominate the convention and bring about his own 
 
 *La Follette, Autobiography, p. 664. 
 
PROGRESSIVE MOVEMENT IN PROGRESSIVE PARTY 83 
 
 nomination, most of the Roosevelt delegates refused to 
 vote ; and, after Taft was declared nominated, withdrew 
 with their followers to a rump convention to lay plans 
 for future action. In a speech delivered before the sec- 
 ond convention, Roosevelt directed the delegates to re- 
 turn to their districts; and, after sounding the senti- 
 ment of the people, to return to Chicago again on Au- 
 gust 5. If the reports made at that time showed suffi- 
 cient interest to warrant it, Roosevelt urged that a new 
 political party should be established. 
 
 Meanwhile, in the latter part of June, the Democratic 
 Convention was held in Baltimore. Bryan, who had 
 attended the Chicago Convention as a newspaper corre- 
 spondent and had witnessed the influence exerted there 
 by the machine, determined to force the issue in the 
 Democratic party. He introduced a resolution putting 
 the convention on record as opposed to the nomination 
 of any man supported by the Morgan-Ryan-Belmont in- 
 terests and refused to support Clark because he was 
 backed by the corporations and seekers of special privi- 
 lege. So tense was the situation at Baltimore that, had 
 it not been for the third party threatening them, the 
 machine elements would probably have refused to yield 
 and would have driven the reformers from the party. 
 But Bryan used Roosevelt's prospective party as a club 
 to bring the reactionaries into line. If the conserva- 
 tives controlled, the progressives were certain to desert 
 to the new organization. As it was, had it not been for 
 the rule that a two-thirds vote was necessary to nomi- 
 nate, Clark would have been nominated on the tenth 
 ballot and the progressives in all probability would have 
 gone over to the new party in a body. Bryan, how- 
 ever, by his skillful tactics managed to secure the nomi- 
 nation of Wilson and keep the Democratic party intact. 
 
 There seemed to be much less need of the establish- 
 
84 THE PBOGBESSIYE MOVEMENT 
 
 ment of a third party on the first of August than there 
 had been on the first of June. In June there was a 
 strong likelihood that the conservative forces would win 
 in both parties and thus drive the progressives to com- 
 bine. But in August no such danger threatened. The 
 Democrats had nominated a progressive of the advanced 
 type who was a bitter opponent of boss rule and ma- 
 chine politics and who had carried his reforms into 
 practice. Opposed to him was Taft, the nominee of the 
 Republican party, a confessed reactionary drawing to 
 himself all those who favored the perpetuation of the 
 old regime. The issues seemed as clearly drawn as 
 they could be. 
 
 Nevertheless, when the Roosevelt delegates, accom- 
 panied by a host of followers who had been attracted 
 to the movement since the convention in June, met in 
 Chicago on August 5, they reported that a canvass of 
 the sentiment of the voters in their respective districts 
 indicated a demand for a third party. With enthusiasm 
 and solemn consecration to high purposes, such as had 
 never before been witnessed in a national convention, 
 the delegates organized the new party, giving to it the 
 name National Progressive. In a remarkable speech, 
 which he called his "Confession of Faith," Roosevelt 
 outlined the purposes of the new party. His speech em- 
 braced practically the entire progressive program. He 
 emphasized as of first importance the restoration of 
 government to the people through the use of the devices 
 of direct legislation. He pointed out the impotence of 
 the two old parties, mere "husks," boss-ridden and 
 manipulated by special interests, to meet the great so- 
 cial and economic revolution through which the coun- 
 try is passing ; and concluded by insisting that, because 
 of its freedom from damaging alliances with corpora- 
 
PROGRESSIVE MOVEMENT IN PROGRESSIVE PARTY 85 
 
 tions and special privileges, the new party was the only 
 political party adapted to meet the present crisis. 
 
 Roosevelt was nominated for President and Johnson 
 for Vice-President by acclamation. The most signifi- 
 cant incident connected with Roosevelt's nomination 
 was the seconding speech made by Jane Addams of Chi- 
 cago. This speech marked the entrance of women into 
 national politics in a new sense, and, in addition- to giv- 
 ing tremendous impetus to the suffrage movement, drew 
 to the Progressive party the support of thousands of 
 women in those states where women have the right to 
 vote. 
 
 The platform adopted by the new party was in many 
 respects unique. It was called "A Contract with the 
 People," and set forth in great detail the measures 
 which would be passed if the party were victorious in 
 the election. Among the measures advocated to restore 
 government to the people were: direct primaries, na- 
 tion-wide preferential primaries for candidates for the 
 presidency, direct election of United States senators, 
 the initiative, the referendum, the recall, and an easier 
 method of amending the federal constitution. Under 
 "Social and Industrial Justice" the platform recom- 
 mends legislation designed to prevent "industrial acci- 
 dents, occupational diseases, overwork, involuntary un- 
 employment and other injurious effects incident to mod- 
 ern industry." Prohibition of child-labor, minimum 
 wage laws, the eight-hour day, publicity in regard to 
 working conditions, compensation for industrial acci- 
 dents, and continuation schools of industrial education 
 are some of the other reforms urged under the same 
 heading. With regard to corporations, the platform 
 favors "the establishment of a strong federal adminis- 
 trative commission of high standing, which shall main- 
 tain permanent active supervision over industrial cor- 
 
86 THE PROGRESSIVE MOVEMENT 
 
 porations engaged in interstate commerce . . . doing 
 for them what the government now does for the national 
 banks, and what is now done for the railroads by the 
 Interstate Commerce Commission." Declarations on 
 other subjects follow, among the most important of 
 which are the tariff, the high cost of living, currency, 
 conservation, waterways, Alaska, equal suffrage, the 
 courts, country life, inheritance and income taxes, and 
 government supervision over investments. Xever be- 
 fore had an important political party taken up in its 
 platform so many vital issues in such a definite way. 
 
 With these candidates and this platform, after an 
 existence of about three months, during which time it 
 had to organize, from national committee down to elec- 
 tion district, the Xational Progressive party polled 
 more than four million votes. It is interesting to specu- 
 late as to the sources whence these votes came. The 
 great bulk of the vote probably came from the Repub- 
 lican party. Tafts vote in 1908 had been 7,678,908; 
 that of Roosevelt and Taft combined in 1912 amounted 
 to very nearly the same, 7,604,463, indicating that the 
 defections were chiefly from the Republicans. There 
 were many Republicans who, although progressives, 
 stuck to the old party or voted for Wilson. The most 
 important members of this group, of course, were La 
 Follette and his followers, who could hardly be ex- 
 pected to support the new party after the treatment they 
 had received before the primaries. Then there were 
 many Republicans who do not come in the La Follette 
 category, who sympathized with the new party, but 
 voted against it because of antipathy toward Roosevelt 
 personally. 
 
 From the Democratic ranks the new party drew com- 
 paratively few. Wilson's vote in 1912 was 6,293,019, 
 116,085 fewer than were cast for Bryan in 1908. Most 
 
PROGRESSIVE MOVEMENT IN PROGRESSIVE PARTY 87 
 
 Democrats were quite content to remain within the 
 party and allow the Republicans and progressives to 
 kill each other off. Some Democrats, of course, voted 
 for Roosevelt because of his great personality just as 
 some Eepublicans voted against him because of per- 
 sonal dislike; but they were very few. 
 
 It would be interesting and instructive to know ap- 
 proximately how many votes the Progressive party cost 
 socialism, but no estimate is possible. The Socialist 
 vote in 1912 was 901,873, a gain of 481,080 over that 
 of 1908; but it is tempting, though profitless, to specu- 
 late on what it might have been had not the Progressive 
 party entered the field. Offering as it did an oppor- 
 tunity to enroll in a new party, apparently free from 
 corruption and bossism, emphasizing as it did the need 
 of extending the activities of government to relieve so- 
 cial and economic distress, it is safe to say that the Pro- 
 gressive party appealed to thousands of Republicans, 
 Democrats and Independents who were about to seek in 
 socialism the only available remedy for the existing 
 political ills. 
 
 What the future of the Progressive party will be, and 
 how many of these converts it will hold, remains to be 
 seen. Present indications seem to point to the perma- 
 nency of the movement. Greater opportunity to make 
 important constructive contributions to political reform 
 is offered to the new party than is offered to any of the 
 older parties; greater than is offered to either the Re- 
 publican or the Democratic party, because it is difficult 
 for them to free themselves from the traditions and 
 issues of the past ; greater than is offered to the Prohi- 
 bition or the Socialist party, because they are dis- 
 trusted on account of their reputation for extreme radi- 
 calism and the impracticability of their programs. The 
 immediate question that is being presented to the lead- 
 
88 THE PKOGKESSIVE MOVEMENT 
 
 ers of the Progressives is whether it would not be well 
 to return to the Kepublican party, from which the new 
 party largely sprang, and reform it from within. It 
 is only in this way, point out the more practical poli- 
 ticians in both parties, that victory can be wrested from 
 the Democrats. That a fair number of Progressives, 
 who voted against the Kepublican party in 1912 more 
 as a protest against party corruption and misrule than 
 as an indication that they had abandoned the party en- 
 tirely, have returned, is, of course, quite true. But it 
 seems altogether likely that the greater number of those 
 who joined the new party will remain. That this is 
 likely is shown not only by the fact that the new party 
 controls several of the largest states, but also by the 
 fact that in states where it is comparatively weak, as in 
 JSTew York, thorough party organization has been ef- 
 fected. Lecture bureaus, educational bureaus, and 
 legislative drafting bureaus have been formed for the 
 purpose of aiding in the solution of vital social and 
 economic problems of modern life so far as they are 
 affected by government. 1 Untrammeled by the issues 
 of the past, with a keen realization of present political 
 needs and a determination to meet those needs, the 
 Progressive party has before it a bright future and seems 
 destined to fill an important place in the political life 
 of the nation. 
 
 1 For example, in New York State, the legislative committee 
 of the National Progressive party has drafted, among other 
 bills, a minimum -wage act, a direct primary law and a Massa- 
 chusetts Ballot act. All bills drafted by the committee are in- 
 troduced into the legislature by some Progressive member. 
 
CHAPTER V 
 
 THE PROGRESSIVE MOVEMENT IN THE SOCIALIST PARTY 
 
 The progressive movement in the Socialist party dif- 
 fers from the progressive movement in the Democratic 
 and Republican parties, not so much in the essentials 
 of the movement as in the emphasis placed upon them. 
 Progressives in the Democratic and Republican parties, 
 although they appreciate the need of extending the 
 functions of government, emphasize primarily the elim- 
 ination of organized special influence and the modifica- 
 tion of the structure of government with a view to 
 making it more easily controllable by the people. The 
 Socialist party, on the other hand, places the primary 
 emphasis on the desirability of extending the functions 
 and activities of government in the interests of the in- 
 dividual and looks upon the removal of corruption and 
 the simplification of government as mere means to that 
 end. 
 
 The progressive movement in the Socialist party dif- 
 fers from the progressive movement in the Progressive 
 party, with which it is most readily compared, not so 
 much in the emphasis placed upon any single phase of 
 the movement as opposed to the other phases, as in the 
 kind and amount of emphasis placed upon one phase; 
 i. e., the extension of the activities of government. Both 
 the Progressive and Socialist parties believe in freeing 
 government from special influence, in making it more 
 
 89 
 
'90 THE PROGRESSIVE MOVEMENT 
 
 responsive to public opinion and in insisting upon its 
 use to relieve social and economic distress. Both par- 
 ties agree further in regarding the first two of these 
 phases of the movement as subordinate to the third. 
 But they differ fundamentally with regard to the ex- 
 tent to which, the purposes for which, and the methods 
 by which the activities of government should be in- 
 creased. 
 
 "While the Progressive party and, in an even greater 
 degree, the Kepublican and Democratic parties consider 
 the normal state of society that in which the individual 
 does all things for himself and look upon the govern- 
 ment as a power to be invoked only when individuals 
 cannot adequately take care of their own interests, the 
 Socialist party regards the ideal and normal state of 
 society that in which all functions are exercised by the 
 state, and accepts the present condition of affairs as an 
 unfortunate makeshift which must sooner or later be 
 abandoned. The Socialist and Progressive parties both 
 have a place in the progressive movement, but they en- 
 ter it from opposite directions. Socialists start with a 
 complete system of social cooperation and accept partic- 
 ular measures that extend governmental activities, such 
 as workingmen's compensation or mothers' pensions, as 
 steps in the right direction, but nevertheless steps only. 
 The Progressive party starts from complete individual- 
 ism as a base and accepts any remedial legislation, not 
 as a temporary expedient, but as an end in itself. With 
 the Socialist party, the burden of proof is on the person 
 who opposes an enlargement of governmental func- 
 tions to show that it is not needed. With the Progres- 
 sive party, the burden of proof is on the person who 
 proposes the enlargement to show that it is essential. 
 
 The Progressive and Socialist parties differ, more- 
 over, with respect to the purpose that should prompt 
 
PROGRESSIVE MOVEMENT IN SOCIALIST PARTY 91 
 
 an increase in governmental activities. The socialism 
 of to-day would extend the functions of government 
 primarily in the interests of the laboring classes by 
 giving to them the control of the means of production 
 and distribution. The socialist movement is every- 
 where recognized as an outgrowth of the modern indus- 
 trial system and is inseparably connected with labor. 
 With the farmer, the banker, the merchant, it has little 
 or nothing to do. Socialists are divided among them- 
 selves as to whether farms should be owned and man- 
 aged cooperatively. Only a sentence is given in the 
 party platform to the subject of an improved banking 
 or currency system to aid the banker or the merchant. 
 On the contrary, the Socialist party in its platform 
 declares that it is "the political expression of the eco- 
 nomic interests of the workers. Its defeats have been 
 their defeats and its victories their victories. ... In 
 the face of the economic and political aggressions of 
 the capitalist class, the only reliance left the workers 
 is that of their economic organizations and their po- 
 litical power. By the intelligent and class-conscious use 
 of these, they may resist successfully the capitalist 
 class, break the fetters of wage-slavery, and fit them- 
 selves for future society which is to displace the capi- 
 talist system." 1 
 
 And again, "In the defeat or victory of the working 
 class party in this new struggle for freedom lies the 
 defeat or triumph of the common people of all economic 
 groups, as well as the failure or the triumph of popular 
 government." 2 
 
 Socialists, so far as they propose to use government 
 in the interests of a special class, are doing almost pre- 
 cisely what the Eepublicans and Democrats have al- 
 
 1 Socialist party platform, 1912. 
 3 Ibid. 
 
92 TH E PB0GRES3IYE MOVEMENT 
 
 ready succeeded in accomplishing, the only difference 
 being that the Kepublicans and Democrats controlled 
 government in the interests of the capitalist class, while 
 Socialists would control it for the workers. 
 
 The progressive movement, in urging an extension of 
 governmental functions, does so without having any par- 
 ticular class in mind. Its aim is to introduce reme- 
 dies where remedies are needed, to reconcile conflicting 
 interests, to destroy no classes and to recognize none. 
 It would, therefore, favor a proposal to aid the farmer 
 by a country life commission, the banker by improved 
 currency laws, and the laborer by compensation, pen- 
 sion, and insurance laws. The progressive movement 
 believes that if the arteries of government are freed 
 from impurities, if a majority of the people are given 
 the opportunity to express themselves clearly and easily, 
 no class legislation will result and that the best inter- 
 ests of all will be conserved. 
 
 The difference in the methods pursued by the Pro- 
 gressive and Socialist parties in effecting their aims, 
 arises directly from the difference in their conception 
 of governmental intervention in individual affairs. 
 Like Ibsen's Brand, the thorough-going' Socialist will 
 have "all or nothing." He outlines his whole program, 
 which is nothing short of the socialization of the most- 
 important activities now carried on by individuals, and 
 adheres strictly to it. He consents to favor specific 
 reforms, but does it with reluctance and suspicion. 
 Speaking- of public ownership of public utilities, the 
 party platform says: "We warn the working class 
 against so-called public-ownership movements as an at- 
 tempt of the capitalist class to secure governmental con- 
 trol of public utilities for the purpose of obtaining 
 greater security in the exploitation of other industries 
 and not for the amelioration of the conditions of the 
 
PROGRESSIVE MOVEMENT IN SOCIALIST PARTY 93 
 
 working class." 1 There is a tendency to reject every- 
 thing that does not measure up fully to the Socialist 
 standard. 
 
 Just as the history of the progressive movement in 
 the Republican, Democratic, and Progressive parties 
 has been the history of a development from extreme 
 individualism toward a moderate socialization of ac- 
 tivities, so the history of the progressive movement 
 in the Socialist party has been the history of a develop- 
 ment from extreme socialization toward a moderate in- 
 dividualism. And just as the members of the other 
 parties were forced by the complex conditions of mod- 
 ern industrial life to conclude that there are many func- 
 tions which individuals cannot exercise effectively 
 alone ; so the members of the Socialist party have been 
 forced by the same complex conditions to conclude 
 that there are many things that individuals cannot 
 do well together. Beginning with an insistence upon 
 the complete socialization of all activities, socialism 
 has passed through a number of stages, each one of 
 which has been characterized by a weaker insistence 
 upon its original principles and a fuller appreciation 
 of the practical difficulties involved in carrying them 
 into effect. 
 
 The first of these phases through which socialism in 
 this country passed was marked by an emphasis on 
 the need of socializing all activities and a refusal to 
 accept any compromise. Finding it impossible to 
 carry out their idea under the conditions of normal 
 society, many socialists withdrew from it and estab- 
 lished independent communities of their own. The com- 
 munities thus established were chiefly of two kinds: 
 sectarian, composed of those who sought freedom 
 of worship chiefly and regarded the socialization of 
 
 1 Hillquit, History of Socialism in the United States, p. 351. 
 
94 THE PROGRESSIVE MOVEMENT 
 
 activities as secondary; and non-sectarian, made up of 
 men who were eager to found settlements that should 
 be purely communistic. 
 
 The extremes to which the extension of the func- 
 tions of government or society was carried in the early 
 period of socialism are clearly shown in the practices 
 of these communities. Although there was a consider- 
 able number and the customs varied greatly, in most 
 instances, the members labored for the community as 
 a whole, in some cases being assigned daily tasks by 
 the governing board of the community. All property 
 was owned in common and the communistic theory was 
 sometimes extended to persons, polygamy and polyandry 
 taking the place of monogamy. Food, clothing, and 
 other necessaries were taken from the common store 
 in amounts that were determined not by the value 
 of the service rendered to the community but . by the 
 need to continue that work effectively. Government 
 and society were supreme. 
 
 Just as the extreme individualism that prevailed 
 prior to the Civil War could not continue as society 
 became more complex, so these little communistic set- 
 tlements had to go for the same reason. And even 
 if there had been no pressure from without, they prob- 
 ably would have been destroyed before long by dissen- 
 sions within. As it was, in a number of communities, 
 members refused to live up to the standards proposed ; 
 in one case a prominent member defaulted with a large 
 sum of money ; members tired of the monotonous work 
 and demanded a division of the community's property. 1 
 
 It is noteworthy, too, that this experiment in the 
 complete socialization of activities failed under ideal 
 conditions; and that the few successful communities 
 succeeded because they abandoned communism and not 
 
 1 See Hillquit, History of Socialism in United States, pp. 29-145. 
 
PROGRESSIVE MOVEMENT IN SOCIALIST PARTY 95 
 
 because they adhered to it. Speaking of the success 
 of some of the sectarian communities, Hillquit says: 
 ". . . Their communism was but a secondary incident 
 to their existence, and whenever their material interests 
 required, they sacrificed it, without compunction of con- 
 science. . . . Their material success was thus to a large 
 degree due not to their communism, but to their de- 
 parture from communism." 1 
 
 Forced by changing conditions and a sense of failure 
 to abandon the ideal of complete socialization which it 
 had hoped to realize in these Utopian communities, so- 
 cialism entered upon the second stage of its develop- 
 ment. The growth of the modern factory system had 
 brought with it a radical change in the condition of 
 the working classes. Instead of being free economic 
 agents owning their tools and working when and for 
 whom they chose, they became, as the socialists alleged, 
 economic "slaves" and worked with the tools and at 
 the bidding of another. To this divorcement of the 
 laborer from the tools of his handicraft, socialism 
 traced most of the ills of modern society; and turned 
 from the visionary attempt to establish perfect commu- 
 nities and directed its attention to the task of organiz- 
 ing labor for the ultimate purpose of overthrowing 
 capitalism and gaining control of the means of produc- 
 tion and distribution. 
 
 In changing its program from the complete sociali- 
 zation of individual activities in the interests of all the 
 people to a partial socialization in the interests of one 
 class of people, the socialist movement was simply mak- 
 ing one of a number of modifications of its fundamental 
 principles that it is constantly forced to make when 
 it comes in contact with the practical conditions of 
 life. Because it realized that it was impracticable, it 
 
 x Ibid. f pp. 139-140. 
 
96 THE PEOGRESSIVE MOVEMENT 
 
 no longer proposed that government should dictate 
 to a man the work he should do, the clothes he must 
 wear, the place in which he must dine, and the home 
 where he must live. And because it realized that it 
 was impracticable, it no longer advocated that all in- 
 dividuals should be included in the contemplated so- 
 cialization. Only the laborers were admitted; capi- 
 talists were to be rejected and fought to the bitter end. 
 
 The activities of the socialist movement in this sec- 
 ond period were confined, therefore, to labor unions 
 and labor organizations. Conventions were held ; news- 
 papers were founded ; associations were formed. Many 
 of the workers coming from abroad brought with them 
 the doctrines of Marx, Engel, and other prominent so- 
 cialists in Europe, and a knowledge of the methods 
 used by workingmen in foreign countries to win suc- 
 cess. 
 
 For some time, however, no effort was made to enter 
 politics as a means of accomplishing their ends. In 
 fact, the congress of the North American Federation, 
 one of the most important labor organizations, had de- 
 clared emphatically against it. In a resolution adopted 
 at one of its sessions, it said, a The North American 
 Federation rejects all cooperation and connection with 
 the political parties formed by the possessing classes, 
 whether they call themselves Eepublicans or Democrats, 
 or Independents or Liberals, or Patrons of Industry or 
 Patrons of Husbandry (Grangers), or Eeformers, or 
 whatever name they may adopt. Consequently no mem- 
 ber of the Federation can belong any longer to such a 
 party." * 
 
 In spite of this vehement protest, however, many so- 
 cialists planned to establish a political party as a means 
 of propagating and carrying into effect their reforms. 
 
 1 Hillquit, History of Socialism in the United States, p. 203. 
 
PROGRESSIVE MOVEMENT IN SOCIALIST PARTY 97 
 
 Brought face to face with the practical problem of 
 obtaining certain legislation, socialism found it neces- 
 sary to compromise and yield again. It organized 
 much as other parties organized, held political con- 
 ventions, adopted platforms, appealed to all classes of 
 voters, and even went so far as to mention immediate 
 needs, such as the initiative, referendum, and recall. 
 
 The first important political party organized to sup- 
 port socialism was the Socialist Labor party, which was 
 established in 1874. This party increased in strength 
 for a time and then, because its leaders insisted upon 
 a too strict adherence to socialistic principles, disin- 
 tegrated. Some of the factions united to form the So- 
 cialist party, which is the political representative of 
 socialism to-day. 
 
 Where the Socialist party has won elections, as in 
 Milwaukee and Schenectady, it has given further evi- 
 dence of the impossibility of living up to its tenets in 
 the face of practical problems. While it is of course 
 true that little can be done by a Socialist mayor in a 
 single city when the state and national officials belong 
 to hostile parties, it is equally true that a Socialist ad- 
 ministration dare not use the little power which it has 
 to put its reforms into effect. Responsibility brings 
 sanity and judgment and the principles of an ideal 
 system become greatly modified when put to the prac- 
 tical test. 
 
 The evolution of socialism, therefore, through these 
 three stages, the community stage, the labor stage, and 
 the political stage, has been in the direction of more 
 individualism and less socialization. The evolution in 
 the other parties has gone so far in the opposite direc- 
 tion, from individualism toward socialization, that the 
 most extreme of these parties, the Progressive, is not 
 very different from the Socialist party in many of its 
 
98 THE PROGRESSIVE MOVEMENT 
 
 beliefs. Radical Progressives and conservative Social- 
 ists, therefore, could almost meet on common ground. 
 As time goes on these parties will undoubtedly grow 
 even closer together. Everything points to a continu- 
 ation of the tendency of the Socialist party to modify 
 its demands and make them more practical as it comes 
 more and more within reach of a victory in a national 
 or state election. Socalism triumphant at the present 
 time probably could not be and would not try to be 
 much more radical than the majority of progressives 
 scattered through the other political parties. 
 
 It is interesting to consider the causes that are re- 
 sponsible for the great increase in the Socialist vote 
 in the past few years. Undoubtedly, one of the prin- 
 cipal causes is the dissatisfaction with the present state 
 of affairs. Many of the votes cast in the Socialist col- 
 umn are not votes for the Socialist party so much as 
 they are votes against the Democratic and Eepublican 
 parties. Socialism, because it holds out before men an 
 ideal state for the future, thrives on discontent and 
 pessimism in the present. 
 
 Another cause of the increase of socialism is the 
 increasing need of an extension of governmental func- 
 tions. Fifty years ago most men would have sneered 
 at the thought of the United States buying and operat- 
 ing the railroads of the country. To-day some of the 
 ablest men are advocating precisely that thing. Al- 
 ready many municipalities own and operate public utili- 
 ties and states exercise strict supervision over private 
 corporations by means of commissions. The govern- 
 ment has supplanted to a considerable degree the ex- 
 press companies and plans to go still farther. Every- 
 where, in city, state, and nation, there is a growing con- 
 fidence in the socialization of certain activities. 
 
 Still another cause for the success of the Socialist 
 
PROGRESSIVE MOVEMENT IN SOCIALIST PARTY 99 
 
 party is the change in the character of the party itself. 
 The impossibilists who declared undying war against 
 the capitalists and would accept nothing short of their 
 complete annihilation are rapidly disappearing. By 
 a campaign of education, Socialists are convincing many 
 people that their party does not stand for violence, in- 
 cendiarism, and bloodshed, but for cooperation by all 
 the members of society for their own common welfare. 
 The leaders of the party are willing to compromise 
 when they feel that by doing so they can advance the* 
 movement as a whole. The experience of those cities 
 that have had Socialist administrations has done much 
 to reassure many who feared what the Socialists would 
 do if they were elected to office. 
 
 In its relation to the progressive movement at the 
 present time, socialism may be said to be the goal 
 toward which the movement is tending. It is an ideal 
 which the movement hopes some day to see realized. 
 But before the measures advocated by the Socialist 
 party can operate successfully, it is essential that pre- 
 liminary steps be taken to remove corruption and to 
 restore the government to the people. Until these things 
 are done socialism even in its present modified form 
 cannot be permanently successful. 
 
CHAPTER VI 
 
 THE PEOGEESSIVE MOVEMENT IX THE PEOHIBITION" 
 
 PAETT 
 
 It is interesting to consider the development of the 
 progressive movement in the minor political parties, 
 not because of the importance of the parties themselves. 
 but because the recognition by them of the underlying 
 principles of the movement shows how universal it has 
 become in our political life. Even the smallest politi- 
 cal party, with seemingly narrow and insignificant ob- 
 jects in view, will be found upon analysis to stand for 
 the elimination of special influence from government, 
 the modification of the structure of government, or a 
 greater participation by it in the solution of economic 
 and social problems. In some instances, one or more 
 of these phases of the progressive movement are openly 
 recognized, but are made subordinate to some one re- 
 form around which the interests of the party center ; in 
 other instances, these minor parties in supporting some 
 phase of the progressive movement, call it by some other 
 name and thus make obscure the connection of the party 
 with the movement as a whole; but in practically all 
 cases the differences are differences of expression rather 
 than of purpose, and at bottom each of these smaller 
 political parties will be found to have much in common 
 with its older and more successful rivals. 
 
 One of these minor political parties which has had 
 
 100 
 
PBOGEESSIVE MOVEMENT IN PROHIBITION PARTY 101 
 
 a close connection with all the phases of the progressive 
 movement is the Prohibition party. Organized in 1869, 
 holding its first national convention in 1872, partici- 
 pating in every presidential and most gubernatorial 
 campaigns since it was established, the Prohibition 
 party has been an interesting, though not important, 
 factor in our political history. In its first campaign it 
 polled but 5,608 votes in a total of over six million; 
 and, although its membership has constantly increased, 
 so far as actual numbers are concerned, and it has on 
 several occasions held the balance of the popular votes 
 cast for President, its percentage of total votes cast has 
 increased but slightly and it has never been a serious 
 contender in any national election. The progressive 
 movement in the Prohibition party began in a protest 
 against the use of government by the liquor interests for 
 special purposes. As early as 1862 the Beer Brewers' 
 Congress, at its national convention, adopted a resolu- 
 tion urging upon the manufacturers and retailers of 
 beers and other intoxicating beverages the need of en- 
 tering politics in order to protect their interests from 
 the attacks of "fanatics" who were trying to suppress 
 the liquor traffic. The congress at the same convention 
 went even farther and passed a resolution calling upon 
 all those interested in the unrestricted sale of liquors 
 to refuse to vote for or support any candidate who 
 advocated prohibition. 
 
 Up to the time when the brewers and other similar 
 bodies had definitely organized for political purposes, 
 the fight for prohibition had been waged largely by an 
 organization known as the Good Templars, who used 
 as their sole weapons education and moral suasion. 
 This association, realizing the need of a more effective 
 opposition with which to face the organized supporters 
 of the liquor traffic, decided to form a political party, 
 
102 THE PROGRESSIVE MOVEMENT 
 
 the principal purpose of which would be to secure pro- 
 hibition by legislation. 1 
 
 In so far as the Prohibition party aimed to prevent 
 class government — in this case government by brewers, 
 distillers, and saloon-keepers — it occupied common 
 ground with the progressive elements in the older par- 
 ties when they opposed class government by railroad, 
 industrial, and commercial corporations. But, unfor- 
 tunately for its development, the Prohibition party did 
 not restrict itself to that one object. In fact, it has al- 
 ways confused what should have been two totally dis- 
 tinct purposes: i. e.. the elimination of special influence 
 from government and the prohibition of the manufac- 
 ture, sale, and use of intoxicating beverages. There 
 are thousands of men who. although they themselves 
 use intoxicants, would join a movement to prevent the 
 prostitution of government to the ends of liquor dealers. 
 And. on the other hand, there are many manufacturers 
 and distributors of liquor who. although they might 
 believe in abstinence in their own cases, would feel no 
 compunction about using government to aid their own 
 business. 
 
 If the Prohibition party had conformed more closely 
 to the principle of opposing class legislation and re- 
 moving the saloon and allied interests from politics in- 
 stead of giving the larger portion of its energy to effect 
 the complete prohibition of the liquor traffic, its place 
 in the progressive movement would have been much 
 more important than it is to-day. The evidences of 
 the corrupt use of government by brewers, distillers, 
 saloon-keepers, and others of the same class are apparent 
 on every hand. Prom the great whisky barons who 
 
 1 For an account of the circumstances surrounding the forma- 
 tion of the Prohibition party, see Black. One Hundred Years of 
 Temperance. 
 
PBOGRESSIVE MOVEMENT IN PROHIBITION PARTY 103 
 
 send their representatives to the halls of Congress down 
 to the corner saloon-keeper in any of our cities, liquor 
 interests have exercised a most injurious influence on 
 our political life. By focusing attention on this one 
 feature, by bringing home vividly the saloon as the 
 place of snap conventions and the home of ward-heelers, 
 by showing up the police as the ally and friend of the 
 saloon-keeper in support of brothels and gaming-houses, 
 by picturing the demoralizing effect upon city admin- 
 istrations of bribe-money offered by saloon-keepers and 
 accepted by city officials — the Prohibitionists would have 
 had a vitally effective appeal and would have made 
 ready converts. Instead, the party has emphasized 
 facts which are only too well known and has offered 
 a remedy, the efficacy of which is very doubtful. Ta- 
 bles are given showing the relative expenditure of the 
 United States for meat, iron and steel, sawed wood, 
 tobacco, flour, public education, and liquor. Statistics 
 are produced showing the number of criminals arrested 
 in each of the important cities of the country and the 
 percentage who have become criminals through strong 
 drink. Whisky, beer, and wines are analyzed and the 
 effects of their ingredients upon the body carefully 
 pointed out. Misery, poverty, and crime are traced to 
 the drink habit. Most of these facts people admit. 
 But although they may concede the accuracy of all these 
 statistics, they refuse to give their sanction to any at- 
 tempt by the government to reform individuals by legis- 
 lation. The drink passion, like all other passions, can 
 hardly be controlled by statutes and ordinances, fines, 
 and penalties ; and it would seem as impossible to abol- 
 ish the excesses of drinking by legislation as it would be 
 to destroy lust and licentiousness by the same means. 
 
 So far as the drink question is concerned, therefore, 
 the Prohibition party has contributed very little to the 
 
104 THE PROGRESSIVE MOVEMENT 
 
 progressive movement. By its attacks on what has 
 long been considered individual liberty, it has alienated 
 many who might have been counted upon for support 
 had the relation of the drink question to politics been 
 approached from a different angle. As it has de- 
 veloped, the party has gone farther and farther from 
 what should have been its main purpose; i. e., to op- 
 pose special influence; and its insistence on the prohi- 
 bition of drinking has become more and more marked. 
 In the party platform adopted by the national 
 convention in 1912, the declaration is made that "the 
 alcoholic drink traffic is wrong; is the most serious 
 drain on the wealth and resources of the nation ; is detri- 
 mental to the general welfare and destructive of the 
 inalienable rights of life, liberty and the pursuit of 
 happiness. All laws taxing or licensing a traffic which 
 produces crime, poverty and political corruption, and 
 spreads disease and death, should be repealed. To 
 destroy such a traffic there must be elected to power 
 a political party which will administer the government 
 from the standpoint that the alcoholic drink traffic is a 
 crime and not a business, and we pledge that the manu- 
 facture, importation, exportation, transportation and 
 sale of alcoholic beverages shall be prohibited." * 
 
 So far as issues other than the drink issue are con- 
 cerned, the Prohibition party has always been abreast 
 or ahead of the progressive movement in the other politi- 
 cal parties. In the campaign of 1912 the national plat- 
 form contained planks favoring woman suffrage, the 
 suppression of traffic in girls, protection of the rights of 
 labor, the direct election of United States senators, the 
 abolition of child labor, the initiative, referendum, and 
 recall, a non-partisan tariff commission, an income tax, 
 an inheritance tax, and practically all the other impor- 
 
 1 Pamphlet issued by National Prohibition party. 
 
PROGRESSIVE MOVEMENT IN PROHIBITION PARTY 105 
 
 tant progressive measures. The progressivism of the 
 party, moreover, is as old as the party itself. The first 
 national platform, adopted in 1872, advocated woman 
 suffrage and the direct election of President and Vice- 
 President when the other parties were unwilling to take 
 a definite stand on any of these questions. It is inter- 
 esting to compare the weak, vacillating statement con- 
 cerning woman suffrage in the Republican platform of 
 1872 with the clear-cut statement of the Prohibitionists 
 in the same year. The Republican platform says : "The 
 Republican party is mindful of its obligations to the 
 loyal women of America for their noble devotion to the 
 cause of freedom. Their admission to wider fields of 
 usefulness is viewed with satisfaction; and the honest 
 demand of any class of citizens for additional rights 
 should be treated with respectful consideration." 1 In 
 marked contrast to the "respectful consideration" ac- 
 corded by the Republicans, the Prohibition platform 
 declares "that suffrage should be granted to all per- 
 sons, without regard to sex." 2 Similarly, as the pro- 
 gressive movement has developed and new measures 
 have been involved, such as the direct election of United 
 States senators, the initiative, the referendum, and the 
 recall, regulation of railroad rates, control of monopo- 
 lies, the Prohibition party has been among the first to 
 advocate them openly and unequivocally. 
 
 This very willingness of the Prohibition party to ac- 
 cept and support a number of fundamental debatable 
 reforms has been one of the chief causes of its lack 
 of success. In the first place, few persons are willing 
 to accept the platform as a whole. The stand which 
 the party takes on the drink question is, of course, 
 the thing that principally frightens away prospective 
 
 1 McKee, National Conventions and Platforms, p. 152. 
 'Ibid., p. 158. 
 
106 THE PROGRESSIVE MOVEMENT 
 
 converts; but, on the other hand, many conservative 
 men who approve of prohibition are unwilling to advo- 
 cate woman suffrage, the initiative, the referendum, the 
 recall, and all the other disputed measures. In the 
 second place, even among the few who do enroll under 
 the Prohibition standard, homogeneity is almost impos- 
 sible. They disagree as to the best method of handling 
 the issue of prohibition and as to the relative importance 
 of that and other issues in the party platform. This 
 disagreement within the party became manifest in 1896, 
 when the delegates to the national convention found 
 it impossible to agree on the issues which should be 
 included in the party platform. The platform finally 
 adopted by the Prohibitionists declared that its pur- 
 pose was to organize and unite all the friends of prohi- 
 bition into one party, and in order to accomplish this 
 end they deemed it of right to leave every Prohibition- 
 ist the freedom of his convictions upon all other political 
 questions, and "trust our representatives to take such 
 action upon other political questions as the changes oc- 
 casioned by prohibition and the welfare of the whole 
 people shall demand." * Two hundred and ninety-nine 
 of the delegates, refusing to accept this narrow plat- 
 form, withdrew from the convention and organized the 
 National party, which adopted a platform that con- 
 tained an expression on every important political ques- 
 tion of the day. The policy of the deserters has pre- 
 vailed and to-day the Prohibition party platform covers 
 most of the questions found in the platforms of other 
 parties. As a result of this diversity of issues, not 
 only is the party small, but it lacks the coherence and 
 the solidarity that are necessary to success. While 
 the Socialist party, by limiting its demands to a single 
 proposition; i.e., that the community should own the 
 1 MeKee, National Conventions arid Platforms, p. 319. 
 
PROGRESSIVE MOVEMENT IN PROHIBITION PARTY 107 
 
 means of production and distribution, has grown with 
 amazing rapidity, the Prohibition party, by scattering 
 its attack, has had little or no real growth in the forty 
 years of its existence. 1 
 
 Strange as it may seem, although the Prohibition 
 party as a party has been at a standstill since it was 
 established, the thing for which it chiefly stands ; i. e., 
 the prohibition of the sale of intoxicating beverages, 
 has been gaining ground. A great wave of prohibition 
 has swept over the country, especially in the middle 
 West and South, resulting in state-wide prohibition in 
 many instances and in local option in others. In every 
 state where political action has been taken, it has been 
 taken not by the Prohibition party but by the Demo- 
 cratic and the Republican parties. One reason why 
 voters when they decide in favor of prohibition go to 
 the Democratic and Republican parties to put it into 
 effect is because they have an innate distrust of a party 
 that makes political capital out of a moral issue, espe- 
 cially when that issue involves personal liberty. A sec- 
 ond reason closely connected with the first is the unwill- 
 ingness of voters to support so-called "Sunday-school 
 politics." Because prohibition is so largely a moral and 
 religious issue, many ministers have been prominent in 
 the councils of the party ; and these ministers, through 
 lack of familiarity with political methods and an in- 
 evitable tendency toward narrow-mindedness, have 
 alienated rather than attracted supporters. In the 
 third place, many have believed that the sole issue for 
 which the Prohibition party stands is the abolition of 
 the liquor traffic and that the party has no policy with 
 regard to the other problems of the day. The conclusion 
 
 1 In 1872 the Prohibition party polled 5,608 votes of more than 
 6,000,000— less than 0.1 per cent. In 1912 it polled 207,965, of 
 about 15,000,000— about 1.3 per cent. 
 
108 THE PBOGKESSIVE MOVEMENT 
 
 which they draw from this supposition is that once 
 elected, the only logical thing for the Prohibition party 
 to do would be to legislate itself out of existence by 
 passing a law prohibiting traffic in liquors and thus 
 doing away with the chief reason for the party. A 
 final reason for the failure of the Prohibition party 
 to play as prominent a part as it should in the spread 
 of prohibition, is the seeming needlessness of a party 
 organized for that purpose alone. All that is needed 
 to obtain prohibition is the passage of a law and its 
 enforcement : and for that purpose a Prohibition party 
 would seem as needless as a Direct-Primary party, an 
 Initiative party, or a Recall party. As an organiza- 
 tion existing to educate people concerning the dangers 
 of excessive drinking and to influence legislation in 
 suppressing it. the Prohibition party is justifiable: as 
 a political party organized for independent action and 
 having a fundamental policy with regard to government, 
 the Prohibition party seems doomed to fail. 
 
 This consideration of the Prohibition party must 
 make apparent its close connection with the progressive 
 movement. Could it but leave off emphasizing the 
 evil of strong drink and concentrate on the special in- 
 fluence exercised by those who deal in it : could it then 
 but extend its opposition to special influence to include 
 that exercised by industrial and commercial corpora- 
 tions, railroads, and other agencies; could it but re- 
 tain the measures now in its platform for modifying 
 governmental machinery and relieving social and eco- 
 nomic distress, it would be as fair an exponent as any 
 of the other political parties of the basic principles 
 for which the progressive movement stands. 
 
 Prom the consideration of the development of the 
 progressive movement in the Democratic. Republican, 
 Progressive, Socialist, and Prohibition parties, it must 
 
PEOGRESSIVE MOVEMENT IN PROHIBITION PARTY 109 
 
 be clear that present party lines are illogical and anom- 
 alous. Each of these parties has in it hundreds of 
 members who hold the same beliefs and support the 
 same measures and yet they are prevented from taking 
 united action because of party lines. What is needed 
 and what is slowly but inevitably coming is a realign- 
 ment of the supporters of different political parties. 
 Such a realignment should place in one of the great 
 parties those who believe in government by the few, 
 who fear any great addition to the power of the people, 
 and who oppose the extension of governmental author- 
 ity; and in the other there should be gathered those 
 who believe that fundamental readjustments must be 
 made, that the many are as competent to run the gov- 
 ernment in their own interests as the few are to run it 
 for them, that substantial changes should be made in 
 the structure of government to give to the people a large 
 authority, and that government and not the individual 
 must solve modern economic and social problems. 
 
PART II 
 
 THE PROGRESSIVE MOVEMENT IN THE 
 NATION 
 
CHAPTER VII 
 
 MEASURES OF CORPORATION CONTROL 
 
 The first of the reforms which the progressive move- 
 ment in the nation advocates is the removal from gov- 
 ernment of organized influence exercised by a minority 
 for special purposes. Because this influence for the 
 past quarter of a century has been exercised chiefly 
 by corporations of various kinds in their own behalf, 
 the practical problem becomes one of putting into effect 
 measures that will give to the government adequate 
 control over these corporations. The struggle between 
 the people and the corporations to decide which should 
 control the government and for what purposes, has been 
 long and bitter; and the end is scarcely now in sight. 
 Beginning with the unprecedented industrial and com- 
 mercial expansion that followed the period of recon- 
 struction after the Civil War, the great corporations 
 recognized the extraordinary opportunities for gain 
 that would follow a preemption of government in their 
 own interests; and before the majority of the voters 
 realized the true situation or could devise means to pre- 
 vent it, these interests had organized their parties and 
 their lobbies and were in almost complete control. 
 
 It was only with the beginning of Roosevelt's admin- 
 istration that effective steps were taken to break the 
 domination of the corporations and bring them under 
 real subjection to the people and the national govern- 
 ment. And then because the hold upon government 
 
 113 
 
114 THE PEOGBESSIVE MOVEMENT 
 
 had been established so long and because gigantic trusts 
 and monopolies were so much a part of the warp and 
 woof of the nation's industrial, commercial, and politi- 
 cal life, ruthless measures were impossible and the ut- 
 most caution had to be observed. Roosevelt, by his 
 repeated attacks and forceful appeals to public opinion, 
 brought the issue home to the masses of the people; 
 and, although it was impossible for him to claim any 
 more than a drawn battle with the corporations at the 
 end of his seven years in office so far as the passage 
 of constructive measures is concerned, he aroused the 
 public opinion that was later to demand and obtain the 
 legislation necessary to give the government the upper 
 hand. 
 
 The government seems now to have won the victory f« 
 "at last the masters of business on the great scale have - 
 begun to yield their preference and their purpose, and 
 perhaps their judgment also, in honorable surrender." * 
 After an era of corporation supremacy, followed by an 
 era of sharp contest between people and corporations, 
 the country appears to have entered upon an era of 
 constructive legislation to secure to itself the fruits 
 of the ' 'honorable surrender'' to which President Wil- 
 son refers. Although the outlook for the future is 
 bright, it must not be taken for granted that the cor- 
 porations will submit passively to legislation that seri- 
 ously affects their own interests. Corporations have 
 a habit of bending before the storm of public opinion 
 to keep from breaking. Hen have long realized that one 
 of the most effective ways to block real reform is to 
 support mock reform and that "honorable surrender" 
 often offers an excellent opportunity to enter and study 
 the defenses of the enemy. 
 
 It will aid perhaps in a discussion of the relation 
 1 Message of President Wilson to Congress, January, 1914. 
 
MEASURES OF CORPORATION CONTROL H5 
 
 of government to business and in considering the meas- 
 ures that will be necessary in the immediate future, if 
 the three great classes of corporations with which the 
 national government is chiefly concerned are taken up 
 in turn. 
 
 The first of these three classes of corporations which 
 the people have been struggling to remove from poli- 
 tics and to subject to effective governmental super- 
 vision are the railroads. The fundamental policy of the 
 federal government with respect to the railroads has 
 been to regulate rather than to destroy; common pru- 
 dence, if nothing else, convinced the members of Con- 
 gress during the period when people were clamoring 
 for a cessation of railroad abuses that whatever hap- 
 pened, the railroads must be conserved and developed. 
 The national government, moreover, was aided in set- 
 tling upon this policy by the practice prevalent during 
 the late seventies and eighties in many of the states. 
 These states, to cure the ills arising from railroad 
 abuses, had established commissions with power to in- 
 vestigate and report the affairs of railroads and to 
 make recommendations for legislation. Following the 
 general plan of these state commissions, Congress in 
 1887 established the Interstate Commerce Commission, 
 giving to it general jurisdiction over railroads engaged 
 in interstate commerce. 
 
 Although the Interstate Commerce Commission 
 marked a great step in advance in the direction of gov- 
 ernmental regulation of corporations, its powers were 
 at first somewhat seriously limited. In the first place, 
 the act applied only "to any common carrier engaged 
 in the transportation of passengers or property whether 
 by railroad or partly by railroad and partly by water, 
 when both are used." 1 Express companies, sleeping-car 
 
 x 24 United States Statutes at Large, p. 379. 
 
HQ THE PROGRESSIVE MOVEMENT 
 
 companies, pipe lines, telephone, telegraph, and cable 
 companies, warehouses, refrigerating plants, and other 
 similar instrumentalities and facilities of commerce 
 were not included. The result was that railroads, while 
 unable to offer rebates to shippers directly without vio- 
 lating the law, by an agreement with express companies, 
 or by unfair discrimination in connection with the nec- 
 essary adjuncts of commerce, such as warehouses and 
 terminal facilities, could secure special privileges for 
 their customers and thus carry on what was essentially 
 the same as the former rebating. There was too, in the 
 original act, a defect as to jurisdiction in that no pro- 
 vision was made for railroads operating entirely within 
 a territory. All such railroads, because of this omis- 
 sion, were beyond the commission's control. 
 
 In the second place, the act, although it imposed a 
 number of duties and liabilities upon railroads with 
 respect to reasonableness of rates, discrimination in 
 favor of persons or places, long and short haul charges, 
 pooling agreements, publicity of rates, and due notice 
 to the public of advances thereof, did not touch the 
 kernel of the whole rate-making problem. Xot only did 
 it fail to give to the commission the power to establish 
 a scientific basis of rate-making by ascertaining the 
 physical valuation of the railroads, but it did not even 
 give the commission the right to fix rates at all. The 
 statute provided merely that rates should be just and 
 reasonable, leaving to the commission the impossible 
 task of defining and applying those terms. As to what 
 rates were reasonable or unreasonable, the railroad's 
 Avord was as good as the commission's and it could be 
 varied to suit different occasions. How difficult it was 
 for the commission to control rates with the meager 
 power given to it by the act and how urgent was the 
 need of physical valuation of the roads are indicated in 
 
MEASURES OF CORPORATION CONTROL H7 
 
 the following extract from the report of the commis- 
 sion for 1909 : — "There is, in our opinion, urgent need 
 of a physical valuation of the interstate railways of 
 this country. In the so-called 'Spokane Case/ the 
 engineers of the Northern Pacific and Great Northern 
 railways estimated the cost of reproducing those prop- 
 erties in the spring of 1907. In the trial of pending 
 suits brought by the above companies to enjoin certain 
 rates upon lumber which the commission had estab- 
 lished from the Pacific Coast to eastern destinations, 
 these same engineers have again estimated the cost of 
 reproduction in 1909. The estimates of the latter year 
 exceed the estimates for 1907 by over 25 per cent." * 
 From the point of view of controlling rates and rate- 
 making, the original act of 1887 was totally inadequate. 
 
 Singularly enough, the statute creating the Inter- 
 state Commerce Commission contained no prohibition 
 of an abuse of the railroads which more than any other 
 single thing, perhaps, fostered their corrupting influ- 
 ence in politics. The free hand with which railroads 
 had given passes to legislators, governors, and other 
 public officials was notorious and had been rigorously 
 denounced long before the Interstate Commerce Com- 
 mission was created. And yet the practice of putting 
 under obligation to the railroads those who, through 
 their public offices, could obtain favorable legislation, 
 was allowed to continue. 
 
 A fourth limitation was the failure to include pro- 
 visions that were essential to prevent certain kinds of 
 obnoxious discrimination and to secure to all shippers 
 equal facilities and accommodation. It had long been 
 the practice for railroads to own coal mines and timber 
 tracts and to transport over their roads the products 
 thereof. It was natural, under such circumstances, that 
 
 1 Report of the 'Interstate Commerce Commission, 1909, p. 6. 
 
118 THE PROGRESSIVE MOVEMENT 
 
 the railroads should place in the way of competitors 
 every obstacle possible, in order to control the market 
 themselves. The incentive to refuse cars, sidings, spurs, 
 and branches to competitors was extremely strong. 
 Consequently there continued even after the passage of 
 the act a kind of discrimination which could not be 
 abolished until the causes that made it so natural and 
 so profitable had been removed. 
 
 Another serious limitation was the absence of pro- 
 visions concerning the safety and welfare of employees. 
 At the time the act was passed many railroads engaged 
 in interstate commerce were using hand-brakes and pin- 
 couplers, instead of air-brakes and automatic couplers, 
 and in consequence hundreds of lives were needlessly 
 sacrificed. The importance of a law requiring standard 
 safety devices is seen from the fact that "the number 
 of men killed in coupling and uncoupling cars for each 
 1,000 employed was 3 in 1893" — the year in which 
 the Safety Appliance Law was enacted 1 — "and 1 
 in 1908," 2 after it had been in effect fifteen years. 
 Although it is doubtless true that other causes operated 
 to reduce the number of accidents, the effective ad- 
 ministration of the Safety Appliance Act was unques- 
 tionably the most important factor. It is noteworthy in 
 passing that this act which accomplished sc much in 
 preventing disability and death was sharply contested 
 wherever possible by the railroad corporations. 3 
 
 A final limitation of the act of 1887 was its failure 
 to give to the commission any power to control the 
 financial operations of the railroads. To protect 
 prospective investors from worthless stocks, to prevent 
 
 1 Fifty-second Congress, Second Sess., Chap. 196. 
 
 2 Report of the Interstate Commerce Commission, 1909, p. 40. 
 
 3 Report of the Interstate Commerce Commission, 1908, pp. 38- 
 39. 
 
MEASURES OF CORPORATION CONTROL 119 
 
 the overspeculation that inevitably leads to panic, to 
 find a true basis on which to make rates, this power 
 was indispensable. 
 
 The limitations which have been thus briefly dis- 
 cussed have all been removed by amendments to the 
 original act. In 1893 the act requiring safety appli- 
 ances was passed and was later strengthened by sev- 
 eral amendments. In 1906, 1 the Hepburn Act was 
 passed, extending the jurisdiction of the commission 
 over railroads operating wholly within a territory and 
 including under its provisions express companies, pipe 
 lines, sleeping-car companies, warehouses, refrigerat- 
 ing plants, and other facilities of commerce. The same 
 act gave the commission power to fix maximum rates, 
 prohibited passes, diminished discrimination by for- 
 bidding railroads to carry their own products (except 
 timber) and authorized the commission to compel rail- 
 roads to build spurs, switches, sidings, and branches 
 wherever they seemed reasonably necessary. Tele- 
 phone, telegraph — including wireless — and cable com- 
 panies were brought within the act in 19 10, 2 and in 
 1913 3 the power to fix the physical valuation and to 
 investigate the financial operations of the roads was 
 given. As a result of these amendments, the Inter- 
 state Commerce Commission now exercises effective 
 control over practically all public utility corporations 
 engaged in interstate commerce. 
 
 In calling attention to the limitations of the act of 
 1887 and in pointing out the great difficulty which the 
 commission experienced in removing them, the impor- 
 tant advantages that have flowed from this gradual evo- 
 lution of the commission's authority should not be 
 
 *34 United States Statutes, pt. 1, p. 584. 
 2 36 United States Statutes, pt. 1, p. 539. 
 8 37 United States Statutes, pt. 1, p. 701. 
 
120 THE FEOGKESSIVE MOVEMENT 
 
 overlooked. In the beginning, instead of having a 
 number of duties and responsibilities which, because of 
 lack of experience and proper administrative organiza- 
 tion, it could not adequately discharge, the commission- 
 ers had a chance to assimilate the few powers they did 
 have and thoroughly to master their work. As a result, 
 the commission has grown with its powers and has al- 
 ways been in advance of its opportunities. It has 
 therefore won a degree of public confidence which many 
 of the state commissions, especially the late ones, which 
 have been created rather than developed, have been 
 unable to inspire. Moreover, because every increase in 
 power asked for by the commission has been bitterly 
 contested by the railways, the commissioners have been 
 obliged constantly to depend upon public opinion to 
 induce Congress to take action. Besides adding to the 
 confidence always inspired by close contact with pub- 
 lic opinion against special interests, this long, slow 
 process of amending the act has seiwed to test every ad- 
 ditional grant of power that has been made. The 
 commissioners have been forced to show clearly and 
 convincingly why requested powers were needed and 
 precisely what evils they were designed to remove. 
 This has had two most happy results. In the first 
 place, the commission has been slow to ask for powers 
 which it has not needed; and, in the second place, the 
 public has been slow to disapprove requests when 
 made. All in all, the commission has developed solidly 
 and firmly and is now a vital part of the railroad sys- 
 tem of the country. 
 
 As the gradual increase in the authority of the In- 
 terstate Commerce Commission is considered, the ques- 
 tion naturally arises, To what extent will the com- 
 mission's powers be carried ? The answer to this ques- 
 tion which many of the advocates of the progressive 
 
MEASURES OF CORPORATION CONTROL 121 
 
 movement make is, government ownership. Already 
 the government has carried its control over railroad 
 activities to such an extent that it has almost as much 
 to do with their operation as the owners of the roads 
 themselves. It prescribes changes in rates, it orders 
 the latest safety appliances to be installed, it directs 
 a greater number of cars to be run, it compels roads to 
 build extensions, and may investigate the issue of stocks 
 and bonds. To have two bodies exercising concurrent 
 jurisdiction would seem in this case to be an economic 
 waste. If the government, through its commission, can 
 control most of the activities of the railroads, why not 
 extend its authority still farther and have the govern- 
 ment own them? 
 
 I The movement toward government ownership of rail- 
 roads, telephone, and telegraph lines and other quasi- 
 public corporations is accelerated by the increasing 
 willingness or perhaps a diminishing unwillingness on 
 the part of railroad financiers to withdraw. Railroad 
 investments are no longer as profitable as they were in 
 the days when land grants were liberal, rates high, 
 capitalization copiously watered, and operations uncon- 
 trolled. Railroad earnings are carefully analyzed to- 
 day. Property is scientifically valued and profits are 
 reduced to a minimum. There is spreading a new the- 
 ory with respect to railroads and similar corporations ; 
 i. e., that they are not to be run for profit, but for 
 service. The consequence of all this is that railroads 
 complain that additional capital is hard to obtain and 
 that what is now invested will gradually be withdrawn. 
 With the government becoming constantly better 
 equipped to assume complete ownership of the rail- 
 roads and with the railroads themselves becoming in- 
 creasingly willing that such a step should be taken, 
 the other difficulties that are commonly raised 
 
122 THE PEOGEESSIVE MOVEMENT 
 
 against government ownership should not be allowed 
 to stand in the way. The original cost, as is so 
 often urged, would be great, even if a fair physi- 
 cal valuation of railroads were made and all wa- 
 tered stock and inflated capitalization removed. But 
 it would be by no means impossible for the gov- 
 ernment to raise the money; and once convinced of 
 the need of taking over the railroads, there would be lit- 
 tle reason for not doing it. It would doubtless be 
 inadvisable to attempt to buy up all the lines at once; 
 but by a careful distribution of the process over a 
 period of thirty, forty, or even fifty years, the change 
 could be made without imposing any undue burdens. 
 There would be this added advantage in such a plan 
 that the profits of roads already acquired could be 
 used to amortize the debt contracted and thus make 
 easier the acquisition of additional lines. 
 
 A second objection sometimes raised against gov- 
 ernment ownership; i. e., that competent officials and 
 employees could not be obtained because of the tendency 
 to prostitute the entire undertaking to the spoils sys- 
 tem and political preference, is more imaginary than 
 real. There has never been any suspicion cast upon the 
 motives or conduct of the members of the Interstate 
 Commerce Commission and there is no reason why 
 government ownership should work any change. The 
 example of the post office and parcel post system is 
 a constant refutation of the proposition that the gov- 
 ernment cannot run any enterprise with efficiency and 
 economy. The character of the work of a governmental 
 agency is determined almost entirely by the standards 
 already set up and the demands of the public ; and with 
 the precedents already established in railroads and the 
 exacting demands for good service that are made, there 
 is little ground for the belief that there would be any 
 
MEASURES OF CORPORATION CONTROL 123 
 
 substantial deterioration in service under governmental 
 control. As to the injurious effects of the railroads 
 upon politics, they could scarcely be worse under public 
 ownership than they have been and, in a measure, still 
 are. It is no exaggeration to say that, for many years, 
 large railroad systems dominated the politics of indi- 
 vidual states and even whole sections of the country. 
 The Southern Pacific in California, the New Haven in 
 New England, the New York Central in New York, 
 the Pennsylvania in Pennsylvania and New Jersey, are 
 conspicuous examples of the extent to which railroads 
 have carried their powers. Far from being worse, 
 under public ownership, there are many reasons — as, 
 for example, the absence of incentive to make profits, 
 the removal of competition and of speculation — why 
 the corrupting influence of railroads in politics should 
 be considerably diminished. Certainly many of its 
 immediate causes, such as the desire to prevent legis- 
 lation of a damaging kind, and the attempt to pass laws 
 granting special privileges, would no longer exist. 
 
 So far as the relation of the national government 
 to railroads and other quasi-public corporations en- 
 gaged in interstate commerce is concerned, therefore, 
 the progressive movement recognizes the tendency since 
 the creation of the Interstate Commerce Commission 
 in 1887 toward greater governmental control. Although 
 the movement does not urge immediate government 
 ownership, it believes that everything is pointing in that 
 direction. If the powers of the present Interstate Com- 
 merce Commission are increased in the future as stead- 
 ily and as wisely as they have been in the past, there 
 is no reason why a gradual transition from private to 
 public ownership should not be made. The course to 
 pursue is not to denounce government ownership as 
 an unmitigated evil and an impossible chimera nor to 
 
124 THE PROGRESSIVE MOVEMENT 
 
 accept it as an unalloyed good and to insist on its imme- 
 diate adoption; but rather to treat it as a definite goal 
 and "to make haste slowly" in attaining it. 
 
 The national government, in dealing with the second 
 great class of corporations, i. e., the industrial corpora- 
 tions, has followed a policy directly at variance with 
 that which it has pursued in connection with the rail- 
 roads. Instead of proceeding upon the assumption that 
 there are advantages as well as disadvantages in large- 
 scale production and that a definite analysis should be 
 made with a view to determining how to eliminate the 
 evil and conserve the good, the government has pro- 
 ceeded on the theory that all trusts and monopolies are 
 harmful and ought to be destroyed. In adopting this 
 policy, the federal government, as in the case of the 
 railroads, found a precedent in many of the states. 
 Just as the national government was influenced by the 
 conclusions reached by several of the states that the 
 most effective way to deal with the railroads was 
 through commissions, so it was influenced by the con- 
 clusion of many of the states that the most effective way 
 to deal with trusts and monopolies was to destroy them. 
 
 The inverse analogy between the attitude of govern- 
 ment toward public utility corporations and its attitude 
 toward industrial corporations extends not only to the 
 purposes which the government had in view in both 
 cases but also to the methods used to accomplish those 
 purposes. In the case of the railroads, the government, 
 starting with the proposition that the railroads must 
 be developed for the public good rather than destroyed, 
 established a commission with limited powers to ac- 
 complish that end. This commission, beginning with 
 limited authority, has by degrees developed into an 
 unusually effective instrument of control. In the case 
 of the industrial corporations, the government, start- 
 
MEASURES OF CORPORATION CONTROL 125 
 
 ing with the proposition that industrial corporations, 
 so far as they were monopolies and tended to restrain 
 trade, should be destroyed rather than developed for 
 the common good, passed a law making all combinations 
 and monopolies in restraint of trade illegal and authoriz- 
 ing their dissolution. This law, seemingly a most 
 formidable weapon with which to attack trusts and 
 monopolies, has undergone an evolution that has made 
 of it an uncertain, weak and, in some respects, useless 
 statute. 
 
 The act passed by Congress in 1890 for the pur- 
 pose of destroying combinations and monopolies and 
 known popularly as the Sherman Anti-Trust Act, con- 
 tained eight sections. Section 1 declared "every con- 
 tract, combination in the form of trust or otherwise, or 
 conspiracy in restraint of trade or commerce ... il- 
 legal" ; and provided that "every person who shall make 
 any such contract or engage in any such combination 
 or conspiracy, shall be deemed guilty of a misdemeanor, 
 and, on conviction thereof, shall be punished by fine not 
 exceeding five thousand dollars, or by imprisonment 
 not exceeding one year or by both said punishments, 
 in the discretion of the courts." * Section 2 applied 
 the same prohibition and the same penalty to monopo- 
 lies. Section 3 extended the application of the act to 
 territories and the District of Columbia. Sections 4 
 and 5 described the procedure to be followed in en- 
 forcing the act. Section 6 authorized the confiscation 
 of any property "owned under any contract or by 
 any combination, or pursuant to any conspiracy. . . ." 
 Section 7 gave to the person injured the right to re- 
 cover "threefold the damages by him sustained, and the 
 costs of suit, including a reasonable attorney's fee." 
 The last section, Section 8, defined the word "person" 
 1 26 United States Stat., C. 647. 
 
126 THE PKOGKESSIVE MOVEMENT 
 
 or "persons" whenever used in the act to include cor- 
 porations. Surely here was a broad, far-reaching, and 
 comprehensive statute with which to control all indus- 
 trial corporations that restrained trade. 
 
 It might be supposed that, after Congress had placed 
 such a drastic law on the statute books, trusts, monopo- 
 lies and other combinations in restraint of trade would 
 quickly disappear. Such, however, was far from the 
 case. In the first place, the Attorneys-General, who 
 were authorized to commence suits under the act, 
 seemed singularly indisposed to do so. During the 
 period from the passage of the act in 1890 to the be- 
 ginning of Roosevelt's administration in 1901, only 
 eighteen suits were brought 2 and although the number 
 greatly increased from 1901 on, during the seven and a 
 half years of Roosevelt's administration the total was 
 only forty-four. Then, too, the law was not as effec- 
 tive as it promised to be because of the combinations 
 against which the Attorneys-General decided to pro- 
 ceed. Although the act was freely invoked to suppress 
 labor associations, against which there is some ground 
 for believing it was never intended to be used, the 
 large and particularly obnoxious corporations were al- 
 lowed to continue and hundreds of new industrial 
 combinations were formed. Then, too, the full force 
 of the act was practically never used. For although 
 provision was made for fine and imprisonment and the 
 forfeiture of goods that were being transported in vio- 
 lation of the act, these penalties were seldom applied. 
 And, finally, in certain cases, notably in the Knight 
 case and the Greenhut case, the government failed be- 
 cause of technical mistakes in the indictment which a 
 
 1 This does not include private suits brought under the Sher- 
 man Act. 
 
MEASUEES OF CORPORATION CONTROL 127 
 
 more conscientious preparation and prosecution by the 
 Attorney-General might have avoided. 
 
 The federal courts have, on the whole, given a liberal 
 interpretation of the act. It is true that in some of 
 the earlier cases in the Circuit Court a very narrow 
 construction was placed upon the statute, robbing it of 
 most of its force ; but the decisions in those early cases 
 when they reached the Supreme Court were, in most 
 instances, overruled. While the lower court, therefore, 
 held that "commerce" under the act meant the inter- 
 change of commodities and not transportation, the Su- 
 preme Court held that both were included; and while 
 the lower court held that a restraint, to constitute a 
 violation of the act, must be extraneous and unreason- 
 able, the Supreme Court held that it need be only 
 mutual and reasonable to come within the meaning 
 of the statute. 
 
 Although the decisions of the Supreme Court have 
 on the whole been liberal, three decisions particularly 
 have come in for a good deal of criticism. In the 
 case of the United States vs. the E. C. Knight Com- 
 pany, 1 it was charged by the government that the 
 American Sugar Refining Company, a New Jersey cor- 
 poration that controlled a large portion of the output 
 of sugar in the United States, had combined with the 
 E. C. Knight Company of Philadelphia, who were 
 also large producers of sugar. The lower court had 
 refused to sustain the indictment and the Supreme 
 Court affirmed the lower court's decision, making a 
 distinction between a monopoly of manufacture, which 
 resulted in this case, and a monopoly in restraint of 
 commerce or trade, against which the Sherman Act 
 was aimed. In this case, although the facts showed 
 that the two corporations as a result of the combina- 
 
 1 156 U. S. 1. 
 
128 THE PKOGKESSIVE MOVEMENT 
 
 tion controlled over ninety per cent of the output of 
 sugar, they did not show that any restraint of inter- 
 state commerce was caused thereby and, for that rea- 
 son, the bill brought by the government was dismissed. 
 
 The two other decisions of the Supreme Court that 
 have been severely attacked were handed down in the 
 Standard Oil Company 1 and American Tobacco Com- 
 pany 2 cases. In those cases, although the court held 
 that the two corporations had violated the provisions 
 of the act and must be dissolved, it added what 
 amounted to dicta to the effect that it is only "un- 
 reasonable" restraint of trade that the Sherman Act 
 enjoins. These remarks were unnecessary to the de- 
 cision, but they seemed to indicate a change of front 
 on the part of the court, which, in the Trans-Missouri 
 case, had distinctly stated that the unreasonableness 
 of the restraint was immaterial and also to forecast 
 an interpretation by the court that would greatly weaken 
 the law. 
 
 There can be little question that the policy of the 
 national government toward combinations, trusts, and 
 monopolies, as that policy is revealed in the Sherman 
 Act, has very largely failed. The failure to give the 
 law its full effect by visiting upon offenders the penal- 
 ties contained in it, the uncertainty of the courts as 
 to its interpretation, the impossibility of stretching 
 its meaning to cover all the devices that are used to 
 evade it, the prevalence, in an aggravated form, of 
 many of the abuses it was intended to remove, all show 
 that after twenty-four years of experiment, the national 
 government has found that its attempt to destroy big 
 business not only has not destroyed it, but has failed 
 to control it as well. 
 
 1 221 U. S. l. 
 
 2 221 U. S. 160. 
 
MEASURES OF CORPORATION CONTROL 129 
 
 The principal trouble with the attempt of the gov- 
 ernment in dealing with industrial corporations has 
 been the failure to make a proper analysis of the en- 
 tire problem. In the first place, Congress failed to do 
 what the courts were later forced to do; i. e., dis- 
 criminate between reasonable and unreasonable re- 
 straint of trade and between cases where the penalty 
 could and cases where it could not be strictly applied. 
 If the Sherman Act had been construed in all its literal- 
 ness, if it had included, as it says, every combination or 
 contract in restraint of trade, practically all business 
 between states would have had to cease. A contract 
 entered into by a man in one state with a factory in 
 another under the terms of which he was to receive 
 a consignment of goods at the end of a given period, 
 would become a restraint of trade to the extent of the 
 goods involved. And, on the other hand, if the penalty 
 had in all cases been strictly enforced, billions of dol- 
 lars' worth of property would have been confiscated and 
 hundreds of the country's most prominent men would 
 have been thrown into jail. 
 
 In the second place, the government has taken it 
 for granted that all monopolies are bad and that monop- 
 olies are all bad. It has failed to distinguish between 
 a monopoly that is the logical and natural outgrowth 
 of modern conditions, as, for example, the telephone 
 and telegraph monopoly, and a monopoly fostered by 
 artificial means, as, for example, the United States 
 Steel Corporation or the Beef Trust. And, failing 
 to recognize these artificial causes of monopolies, it 
 has been unable to solve the problem because it has 
 left out the most important factors. So, too, it has 
 failed to consider that even a monopoly made possible 
 by unnatural means, may under proper supervision 
 have many advantages that may be turned to the com- 
 
130 THE PROGRESSIVE MOVEMENT 
 
 mon good. Reduced cost of production and of distri- 
 bution, greater utilization of by-products, better organi- 
 zation, and better service may be taken advantage of 
 even though some of the more objectionable features of 
 monopolies cannot be tolerated. 
 
 In the third place, the government has overlooked 
 the fact that in attempting to destroy all trusts and 
 monopolies by legislative fiat, it is flying in the face 
 of economic law and evolution. Concentration of capi- 
 tal and cooperative production on a large scale are 
 just as inevitable to-day in many industries as the 
 widening application of electricity in daily life. There 
 is, of course, a limit beyond which this concentration 
 of capital in large enterprises, because of the intri- 
 cate organization needed, may not pay ; and some promi- 
 nent business men have expressed the opinion that 
 that stage has already been reached. But it is only 
 when that stage is reached, it is only when further 
 combination ceases to be profitable that men will cease 
 to combine. The advantages and disadvantages of 
 trusts must be shown by experience; the mania for 
 large-scale production, like any other disease, must run 
 its course. 
 
 Another fallacy made by the government in accept- 
 ing the Sherman Law as the proper remedy for curbing 
 the trusts was in believing that a single law was suf- 
 ficient to do away with combinations and monopolies. 
 What really happened was the substitution of litiga- 
 tion for legislation as a means of control. Instead 
 of having an administrative body to study the situation, 
 determine the proper remedy to apply, and then ask 
 Congress for authority to apply it, suits were brought 
 sporadically against any corporation that seemed to 
 need treatment and could stand it. Great corporations 
 were unwilling to dissolve merely because there was 
 
MEASURES OF CORPORATION CONTROL 131 
 
 a law on the statute books which no one fully under- 
 stood and which might never be used against them; 
 they preferred to run the risk that the law was a threat 
 rather than a weapon and that it would never be ap- 
 plied to them. Business, consequently, was conducted 
 under a kind of sword of Damocles with now and then 
 a snapping of the hair and a descent of the sword on 
 some unfortunate corporation that happened to be di- 
 rectly underneath. Government and business have, 
 therefore, been suspicious of one another because a 
 mutual understanding has been impossible. In deal- 
 ing with the railroads, the government gave notice and 
 then imposed only a comparatively slight penalty for 
 disobedience of its orders; in dealing with industrial 
 corporations, no notice was given and the penalty for 
 failing to anticipate the courts' interpretation of the 
 law was to be dissolution and destruction. 
 
 After years of conflict between government and 
 business, both have come to the conclusion that the 
 best solution of the entire problem lies in a system 
 of governmental regulation modeled after that now 
 exercised by the Interstate Commerce Commission. 
 President Wilson, in his message on corporations, 
 urged the establishment of such a commission to 
 be known as the Interstate Trade Commission to inter- 
 pret and apply the law governing industrial corpora- 
 tions and to recommend additional legislation as it is 
 needed. This proposition to establish a body to inves- 
 tigate and recommend legislation concerning corpora- 
 tions is not new. As early as 1903, Koosevelt, recog- 
 nizing the inadequacy of the Sherman Law and feel- 
 ing the necessity of adopting some measures to control 
 industrial corporations, managed to have passed as a 
 part of the act creating the Department of Commerce 
 and Labor, a Bureau of Corporations. Although it 
 
132 THE PROGRESSIVE MOVEMENT 
 
 was handicapped by lack of power because public 
 opinion was not strong enough at that time to force a 
 reactionary Congress to grant it, the bureau did in- 
 valuable work in investigating such corporations as the 
 Steel Trust, the Standard Oil Company and the Ameri- 
 can Tobacco Company. 
 
 With the information already gathered by its pro- 
 totype at hand, the proposed Trade Commission should 
 undertake as its first problem, the problem that the 
 Sherman Law completely overlooked, i. e., the problem 
 of analysis. One task of the commission will be to 
 define the limits of national action. There are many 
 corporation abuses that no national commission can 
 remove because Congress itself has not the power to 
 delegate for that purpose. [Monopoly of production 
 where the production is entirely within one state, over- 
 production causing a fall in prices and a laying off of 
 labor, the conditions under which men and women work 
 — these are some of the things that a commission can- 
 not regulate because they do not come under the na- 
 tional jurisdiction. 
 
 A second problem in analysis will be to determine 
 how many evils are due to monopolies and trusts and 
 how many to other causes. Unsound securities, im- 
 proper investments, and many other evils usually 
 ascribed to combination of capital will be found to 
 be due to the lax incorporation laws of many of 
 the states. These evils can best be removed by passing 
 legislation compelling all corporations engaged in in- 
 terstate commerce to incorporate under the national 
 government. This proposal has already been made a 
 number of times and now would seem to be an excel- 
 lent time to put it into effect. 
 
 In the third place, the commission will have to 
 distinguish natural from artificial monopolies and 
 
MEASURES OF CORPORATION CONTROL 133 
 
 trusts, discover the props that support the latter, and 
 remove them. Three of these props long in evidence 
 and recognizable at the present time are the tariff, 
 the railroads, and patents. By taking refuge behind 
 the wall of protection raised by a high tariff, or by 
 obtaining rebates and other favors from railroads that 
 its less fortunate rivals cannot obtain, or by the pro- 
 tection of a patent law giving it the exclusive right 
 of production over a period of years, a corporation 
 that could not otherwise become a monopoly may choke 
 off competition and gain control of an industry. 
 
 The result of a proper analysis by a Trade Com- 
 mission should be to show the national government 
 the industries over which it should exercise control, as 
 well as the extent to which and the methods by which 
 such control should be exercised. To a certain extent 
 the Interstate Trade Commission will begin in 1915 to 
 do the work which the Interstate Commerce Commission 
 began in 1887. Whether it will go as far in its recom- 
 mendations and receive as substantial additions to its 
 powers in the coming twenty-seven years as the Inter- 
 state Commerce Commission has in the past twenty- 
 seven remains to be seen. If the tendency of the new 
 commission is in the same general direction as that of 
 the old one — and there is no indication that it will not 
 be — the ownership by the national government of those 
 industries that are national in their scope and character, 
 though remote, is by no means impossible. Many of 
 the problems with which the government will have to 
 deal in regulating the industrial corporations will be 
 much more difficult than problems of the same general 
 nature in connection with railroads. Fixing the rate 
 that is to be charged between two points on a railroad 
 is much easier than fixing the price that is to be 
 charged for a gallon of oil or a pound of beef; and 
 
134 THE PROGRESSIVE MOVEMENT 
 
 determining the number of cars to be used on a given 
 route is simple compared with fixing the number of 
 shoes to be manufactured in a year. And yet complex 
 as the problem of close government supervision and 
 regulation undoubtedly will be, it must be undertaken 
 and undertaken now. There can be no turning back- 
 ward. If the end is to be government ownership, well 
 and good. If the powers of the government are in- 
 creased gradually and carefully, current problems can 
 be satisfactorily solved ; and when, if ever, government 
 ownership comes, it will come when the nation is ready 
 for it and when it will do little harm. 
 
 A third class of corporations over which the progres- 
 sive movement advocates a greater measure of govern- 
 mental control are the banking corporations. Although 
 the coinage of money has always been recognized in 
 this country as a function to be exercised by the fed- 
 eral government and by it alone, the coinage of credit, 
 upon which by far the greater part of the business of 
 the country is done, has been left to private individuals. 
 And although there has been established a strong cen- 
 tral institution, the United States Treasury, with sub- 
 treasuries in several important cities through which 
 the currency of the country may be distributed, the 
 distribution of credit has been allowed to fall into the 
 hands of a few to be used by them largely for their 
 own purposes. Through the interlocking of directo- 
 rates, i. e., the placing of the same men on the board 
 of directors in a number of different banks and trust 
 companies, it has been possible to concentrate in the 
 hands of these men the control of a great part of the 
 available credit of the country. To such an extent has 
 this been carried that in grave emergencies, as in the 
 panic of 1893 and in that of 1907, when the national 
 government was helpless to relieve the stringency and 
 
MEASURES OF CORPORATION CONTROL 135 
 
 restore confidence, a private banking house that con- 
 trolled a great portion of the country's credit was 
 called in to help; and, what is more significant, did 
 help. This concentration of credit which makes pri- 
 vate banking houses more powerful than the govern- 
 ment itself, has given rise to the use of the expression 
 "money trust'' and has evoked from the public a de- 
 mand for a change in the national banking system that 
 will place credit money as well as other money under 
 the government's control. 
 
 The banking system which was in effect prior to the 
 passage of the Glass-Owen law in 1913 was defec- 
 tive in nearly every essential feature. In the first 
 place it was lacking in national leadership. There 
 were about twenty thousand national banks scattered 
 over the entire country, no one of which was sufficiently 
 strong to assume control or direct the others in time 
 of panic. In fact, instead of being mutually helpful, 
 just as soon as struggle set in, they became keen com- 
 petitors for currency to save themselves. Nowhere 
 in this country was there a banking institution that oc- 
 cupied the position that the Bank of England occupies 
 in England, the Bank of Germany in Germany, or the 
 Canadian Bank in Canada. In each of those countries 
 a panic is practically impossible because the credit of 
 the entire country stands ready to back up the central 
 bank. If more reserves are needed, the central bank 
 supplies them; if there is danger of overspeculation 
 or undue withdrawal of gold from the country, the cen- 
 tral bank adjusts the rate of discount. And beyond 
 all that such banks actually do, they aid enormously 
 in times of stress because they inspire the confidence 
 for want of which most panics are precipitated. 
 
 A second defect of the old system was the danger- 
 ous concentration of reserves in a few large centers. 
 
136 THE PEOGEESSIYE MOVEMENT 
 
 The cities of the country, for the purpose of classi- 
 fying banks, were divided into central reserve cities, 
 reserve cities, and country bank towns. The three cen- 
 tral reserve cities were Xew York, Chicago, and St. 
 Louis ; the reserve cities included the smaller cities, such 
 as Kansas City, San Francisco, Cleveland, etc. ; and 
 the rest were country bank towns. Xational banks in 
 country bank towns were required by the law in opera- 
 tion before the Glass-Owen bill was passed, to keep 
 fifteen per cent, of their deposits on reserve. Of this 
 fifteen per cent, six per cent, had to be kept in their 
 own vaults while the other nine per cent, might be 
 placed to their credit in national banks in reserve cities. 
 Reserve city banks were required to keep twenty-five 
 per cent, in reserve, of which twelve and a half per 
 cent, might be kept in their own vaults and twelve and 
 a half in a national bank in one of the three central re- 
 serve cities. Xational banks in central reserve cities 
 were required to keep twenty-five per cent, of their de- 
 posits in cash in their own vaults. Under this system, 
 at a time of the year when currency was needed all 
 over the country at the same time, the country banks 
 would demand their deposits from their bankers in the 
 reserve cities. The reserve city banks, likewise, to meet 
 the demands made upon them, would ask for their de- 
 posits from the banks in the three central reserve cities. 
 The entire stress tended, therefore, to rest upon the 
 individual banks in Xew York, Chicago, and St. Louis. 
 Not only were the banks in those cities expected to meet 
 the demands of the reserve city banks and through them 
 of the country banks, but at the slightest indication of 
 panic, they were besieged by their own depositors. The 
 inevitable result was the collapse of several strong banks 
 in central reserve cities and the beginning of a seyere 
 panic. 
 
MEASURES OF CORPORATION CONTROL 137 
 
 Another defect of the system was the inelasticity of 
 the currency. In order to increase the currency most 
 countries allow recognized banks to issue notes of their 
 own under prescribed conditions. If those notes can be 
 freely and safely increased when they are needed, as 
 in the autumn of the year when crops must be moved, 
 and can be easily removed from circulation when they 
 are no longer required, the currency is said to be elas- 
 tic. Under our former banking system the currency, 
 far from being elastic, was quite inelastic. In order 
 to issue bank notes up to a certain amount, it was neces- 
 sary for a national bank to purchase United States 
 bonds up to the same amount and deposit them in the 
 United States Treasury as security. The result was 
 that in times of stringency, when there was a great de- 
 mand for currency, both to pay out to depositors and 
 to keep on reserve in vaults, the banks were little in- 
 clined to pay it out for United States bonds in order to 
 issue bank notes. On the other hand, when currency 
 was plentiful and banks had a fair supply of cash in 
 their vaults, there was strong inducement to invest some 
 of the cash in bonds and issue bank notes against them. 
 
 The Glass-Owen bill, passed in December, 1913, aims 
 to correct these three fundamental defects in the old 
 banking system. Instead of a system with twenty thou- 
 sand banks, no one of which is in control, the new law 
 provides for a Federal Keserve Board at Washington 
 to consist of the Secretary of the Treasury, the Comp- 
 troller of the Currency and five other members ap- 
 pointed by the President, and to exercise final control 
 over the entire system. In time of stress, this Fed- 
 eral Reserve Board can compel one regional bank to 
 loan to another; can remove or alter the restrictions 
 placed upon the banks with regard to reserves; and 
 can even remove directors of the regional banks. This 
 
138 THE PEOGEESSIVE MOVEMENT 
 
 Federal Eeserve Board will be aided in its work by 
 an Advisory Council composed of one representative 
 from each reserve district. The Advisory Council will 
 meet in "Washington, confer with the members of the 
 Federal Eeserve Board and make specific recommenda- 
 tions. Such a system gives vastly more leadership than 
 the present plan. 
 
 Another great improvement made by the Glass-Owen 
 bill is with regard to the concentration of reserves. 
 Under the old system, as was pointed out, the entire 
 strain tended to fall on three cities and there was no 
 source to which those cities could turn for relief. The 
 Glass-Owen law provides for the establishment by the 
 Federal Eeserve Board of twelve regional banks dis- 
 tributed throughout the country. National banks are 
 required to take stock in the regional banks and, under 
 certain conditions, state banks and even the public may 
 do so. These regional banks will do business, with 
 one or two exceptions, wholly with the so-called mem- 
 bers, i. e., the individual banks within the district 
 covered by a regional bank that have subscribed to the 
 stock of the regional bank. These member banks are 
 required to place a certain per cent, of their deposits 
 on reserve in the regional banks. Country banks 
 must keep on reserve twelve per cent, of demand de- 
 posits and five per cent, of time deposits. Ultimately 1 
 five-twelfths of the total reserve will be kept in these 
 regional banks. Eeserve city banks are required to 
 keep fifteen per cent, of demand deposits and five per 
 cent, of time deposits. Of this total reserve, ultimately 
 two-fifths will be kept on deposit in the regional banks. 
 Central reserve banks must keep on deposit eighteen 
 per cent, of demand deposits and ^.ye per cent, of time 
 
 1 Provision is made for a gradual transfer of reserves to avoid 
 unsettling business too much. 
 
MEASURES OF CORPORATION CONTROL 139 
 
 deposits. Seven-eighteenths of the total must be placed 
 in regional banks. These regional banks will then act 
 as reservoirs and in time of stringency will aid their 
 member banks. They will, under certain conditions, 
 rediscount the commercial paper of member banks and 
 thus enable them to obtain the necessary currency to 
 meet the demands made upon them. 
 
 The Glass-Owen law meets the third defect — inelas- 
 ticity of currency — of the system which it supplants by 
 providing for a new kind of currency called treasury 
 notes. When there is need of increasing the cur- 
 rency, regional banks, by depositing with one of their 
 directors, known as the federal reserve agent, com- 
 mercial paper which it has discounted plus forty per 
 cent, in gold, may issue treasury notes to the face value 
 of the paper. When the currency is no longer needed, 
 it is expected that the notes will be withdrawn by the 
 regional banks as quickly as possible so as to release the 
 forty per cent, gold reserve which it must set aside. In 
 any case, these treasury notes become the obligation 
 of the government and are payable at the United States 
 Treasury. In extreme emergencies, provision may be 
 made for a suspension of the restrictions surrounding 
 the issue by the regional banks of these treasury notes 
 until the crisis has passed. 
 
 There can be no question that the national govern- 
 ment in enacting the Glass-Owen bill, by eliminating 
 the three grave defects in our former banking system. 
 has taken a long step in the direction of better govern- 
 mental control of banking corporations and the release 
 of credit from the control of a few. While it is doubt- 
 less true that the law is the best one that could be 
 enacted at the time, opinion is somewhat divided as to 
 whether it is the best bill that can be adopted in this 
 country. Just as in the case of the railroad and indus- 
 
140 THE PROGRESSIVE MOVEMENT 
 
 trial corporations, so in the case of banking corporations, 
 the tendency is toward a large increase in governmental 
 control. And, as in the case of the railroads and indus- 
 trial corporations, the goal toward which things are 
 tending seems to be government ownership or some- 
 thing closely approaching it, so in the case of the 
 banks, the goal seems to be a central bank modeled 
 after those of Germany, France, England, Japan, Can- 
 ada, and other countries. Such a bank would do much 
 more to inspire confidence than twelve regional banks 
 with the Federal Keserve Board and the Advisory 
 Council of the present plan and could better guard 
 against the inflation and over-expansion of which many 
 have expressed fears under the present system. There 
 would seem to be little excuse for agitating the ques- 
 tion of a central bank at the present time and almost 
 as little for passing adverse criticisms upon the present 
 law. Its weaknesses will unfailingly develop as it is 
 subject to practical tests and it can then be amended. 
 But in amending and improving upon it, Congress 
 should go forward and not backward ; and forward will 
 be in the direction of a strong government central 
 bank rather than away from it. 
 
 The conclusion which one must inevitably draw from 
 this discussion of the present status of railroad, in- 
 dustrial, and banking corporations in their relation to 
 government is that the day of destructive criticism 
 and attack has passed and that the country is entering 
 upon a period of constructive suggestion and readjust- 
 ment. The progressive movement emphasizes the need 
 of extending governmental control as rapidly as cir- 
 cumstances will permit, to the end that corporations 
 may occupy a subordinate rather than a dominant po- 
 sition in our national political life. This first prob- 
 lem, in a sense a negative one, the problem of remov- 
 
MEASURES OF CORPORATION CONTROL 141 
 
 ing special influence so far as it is exercised by 
 corporations upon political life, is the one that it is 
 most important to solve at the present time. When 
 that is done, when the nation has caught its breath 
 after the really severe struggle it has made to conquer, 
 it will be time to take up the larger and more positive 
 problem of finding new ways of using corporations for 
 the general good. 
 
CHAPTEE VIII 
 
 MEASUEES OF GOVERNMENTAL CONTROL 
 
 The second thing which the progressive movement 
 in the nation aims to do is to modify the structure 
 of the federal government so as to make it more directly 
 responsive to the will of the majority. The experience 
 of over a century and a quarter of national life has 
 shown very clearly that because of certain features of 
 its structure, the federal government is peculiarly sus- 
 ceptible to control by special interests. It is evident, 
 moreover, from the exhaustive studies that have been 
 made that the most important obstacles to majority rule 
 in the nation were put into the federal constitution 
 by its framers for that purpose. The selection of the 
 President by means of an electoral college, the election 
 of senators by the legislatures of the states, the appoint- 
 ment of Supreme Court judges for life with power to 
 declare laws unconstitutional, the difficult methods 
 prescribed for amending the constitution, all these pro- 
 visions were inserted in the constitution in the begin- 
 ning to curb the power of the people. Other checks 
 have developed along with the constitution, such as the 
 elaborate rules in Congress which make it possible 
 for small committees to control all important legislation, 
 the assumption by the Supreme Court of the power to 
 modify statutes and to amend the constitution by ju- 
 dicial interpretation and the rise of political machines 
 
 142 
 
MEASURES OF GOVERNMENTAL CONTROL 143 
 
 that control the nomination of President and Vice-Presi- 
 dent in comparatively small conventions. These ob- 
 stacles in the way of government by the majority — 
 both those that were purposely put into the constitution 
 and those that have grown up with it — the progressive 
 movement proposes to remove. 
 
 In advocating the removal of these checks and a larger 
 participation in government by the majority of the 
 people, the progressive movement does not seek to abol- 
 ish representative government and introduce a pure 
 democracy in its stead. Such a proposal in a country 
 with 100,000,000 inhabitants scattered over an area of 
 3,000,000 square miles would be little short of absurd. 
 What the progressive movement aims to do is rather to 
 restore representative government by correcting the de- 
 fects in the national government that enable vested 
 interests and a small minority to control. With the 
 telephone, the telegraph, the railroad, the newspaper, 
 and the magazine, with the spread of education and the 
 increase in the intelligence of the average voter, there 
 is every reason why the people should exert more and 
 more influence on government rather than less and less. 
 There is every reason why a majority of the people, 
 expressing their opinions in an open, legal way should 
 control the acts of presidents, judges, and legislators 
 rather than that they should allow corporations and 
 banking interests to control them in a secret and illegal 
 way. To make the federal government more democratic 
 by eliminating the impediments to popular rule is not 
 to make it less representative; it is merely to change 
 the persons represented. 
 
 One of the provisions of the constitution that makes 
 it difficult for the people to make their influence felt is 
 the provision concerning the methods of proposing and 
 passing amendments. On their face, without any con- 
 
144 THE PEOGEESSIVE MOVEMENT 
 
 sideration of the way they have worked out in prac- 
 tice, the methods provided seem to make any amend- 
 ment to the constitution except on a minor matter or 
 under extraordinary circumstances almost impossible. 
 Merely to propose an amendment requires the consent 
 of two-thirds of the members of Congress or of two- 
 thirds of the state legislatures ; while, to adopt one, the 
 consent of three-fourths of the states is necessary. 
 The full force of the provision becomes apparent when 
 we consider not how large a majority is necessary to 
 propose and ratify an amendment, but how small a 
 minority may oppose and block one. Seventeen of the 
 least populous states, such as ^Nevada, Wyoming, Dela- 
 ware, etc., with a total population of about 7,000,000, 
 can prevent the other ninety odd millions from propos- 
 ing amendments; while thirteen states, with a total 
 population of about 4,500,000, can prevent their adop- 
 tion. The situation becomes even worse when it is re- 
 membered that in most instances the amendments are 
 ratified by the state legislatures and not by the people 
 and that the majorities in the smaller house of each 
 of the thirteen smallest states can prevent the entire 
 nation from changing its fundamental law. 
 
 There is nothing new in these objections to the pro- 
 visions of the constitution concerning the passage of 
 amendments. Practically all of them were raised in 
 1789, when the constitution was before the people for 
 their approval. But we have, in addition to the theo- 
 retical objections that were raised then, practical ex- 
 perience to guide us ; and that practical experience only 
 confirms the suspicion entertained by many in 1789 
 that the provisions for altering the federal constitution 
 were designed to hinder rather than to facilitate the 
 passage of amendments. An analysis of the seventeen 
 amendments already passed shows that because of their 
 
MEASURES OF GOVERNMENTAL CONTROL 145 
 
 character or the circumstances under which they were 
 passed, they do not weaken at all the proposition that 
 amendments are almost impossible to obtain; but on 
 the contrary confirm it. The first twelve amendments 
 were passed before 1805. Of these, the first ten con- 
 stituted a kind of Bill of Eights, upon the passing 
 of which some of the colonies conditioned the adoption 
 by them of the constitution. The eleventh amendment 
 came as a result of the case of Chisholm v. the State 
 of Georgia and added to the constitution a provision 
 which most of the states thought was already there by 
 implication; i. e., that a state could not be sued by an 
 individual without its own consent. The twelfth amend- 
 ment was of minor importance, modifying the method 
 of choosing the President and Vice-President. A civil 
 war was necessary to add the thirteenth, fourteenth, and 
 fifteenth. Of the first fifteen amendments, therefore, 
 it is fair to say that not one was passed on an important 
 question in time of peace. 1 
 
 The recent passage of the sixteenth 2 and seven- 
 teenth 3 amendments, although at first sight it seems to 
 impair the argument for an easier method to amend the 
 constitution, upon examination rather strengthens it. 
 The sixteenth amendment was first introduced in 1896 
 just after the Supreme Court declared the income tax 
 unconstitutional. 4 Although up to that time practically 
 no one had questioned the constitutionality of the tax ; 
 although the Supreme Court itself had on several oc- 
 casions declared an income tax constitutional ; although 
 most people undoubtedly favored the imposition of 
 such a tax; it took seventeen years to pass a consti- 
 
 1 Smith, The Spirit of American Government, pp. 40 et seq. 
 3 The income tax amendment. 
 
 8 Direct election of United States senators amendment. 
 *In Pollock v. Farmers' Loan and Trust Co., 158 U. S. 601. 
 
146 THE PROGRESSIVE MOVEMENT 
 
 tutional amendment giving Congress the power to levy 
 it. The situation with regard to the seventeenth amend- 
 ment was even worse. The resolution to amend the 
 constitution so as to provide for the election of United 
 States senators hy a direct vote was introduced in Con- 
 gress for the first time in 1S93 and was before the 
 country constantly until the amendment was ratified in 
 1913. Few persons opposed the direct election of sena- 
 tors and yet the difficulty of obtaining the consent of 
 three-fourths of the states was so great that for two 
 decades the will of a majority of the people was 
 thwarted. 
 
 The impracticability of the present method is well 
 illustrated by the fact that some states found it easier 
 to evolve an intricate scheme to elect United States 
 senators by a direct vote of the people than to obtain 
 the right by constitutional amendment. Instead of 
 allowing the state legislators to exercise their own 
 choice for United States senators, these states bound 
 them to elect the candidates who had received the high- 
 est number of votes at the polls. The plan thus worked 
 out made the duty of the legislators in selecting a 
 United States senator closely analogous to that of the 
 members of the electoral college in choosing a President. 
 It is quite probable that, if no amendment had been 
 passed on the subject, most of the states would ulti- 
 mately have provided for the direct election of United 
 State senators by this device. As it is, several states, 
 by perfecting the scheme and making the preference of 
 the people binding upon the legislators and thus insur- 
 ing direct election, demonstrated that it was easier to 
 make fundamental changes in the structure of govern- 
 ment by evading the constitution than by amending it. 
 
 These serious limitations on the power of a majority 
 of the people to amend the national constitution, the 
 
MEASURES OF GOVERNMENTAL CONTROL 147 
 
 progressive movement proposes to remove by substitut- 
 ing for the present cumbersome methods a simple one 
 that will make amendments more readily obtainable. 
 
 One plan typical of several that have been suggested 
 to effect this change was introduced in Congress in 1913 
 in the form of a resolution to add Amendment XVIII 
 to the constitution. The resolution follows : 
 
 "Amendments to this constitution may be pro- 
 posed by the Congress whenever an absolute ma- 
 jority of both Houses in the same session of Con- 
 gress shall deem it necessary, or by conventions 
 to be called as hereinafter set forth, or by not less 
 than one-fourth of the states, provided the states 
 proposing such amendments contain not less than 
 one-fourth of the population of all the states as 
 shown by the last preceding decennial enumeration. 
 Such proposal by the states may be made either 
 by the legislatures thereof, or by the vote of a ma- 
 jority of the electors voting thereon in any state 
 making provision for the submission of such pro- 
 posal to popular vote. Amendments proposed, as 
 above provided, shall be submitted at the next en- 
 suing election of representatives in each of the 
 several states, directly to the electors qualified to 
 vote for the election of representatives in accord- 
 ance with the regulations of each of the states 
 where provision for such vote is made by the state. 
 In default of state regulation thereof the vote upon 
 proposed constitutional amendments shall be taken 
 in such manner as the Congress shall provide. If, 
 in the majority of the states, a majority of the 
 electors voting thereon approve the proposed 
 amendments, and, if the majority of all the elec- 
 tors voting thereon shall also approve the proposed 
 
143 THE PBOGHESSIYE MOVEMENT 
 
 amendments, they shall be valid to all intents and 
 
 purposes as pan of this constitution. 
 
 "The Congress shall by appropriate legislation 
 
 provide for the holding of a convention in the year 
 
 1920, and every 30 years thereafter, for proposing 
 
 amendments to this constitution.'" 2 
 That the proposed plan would make the addition of 
 amendments much easier than at present is unquestion- 
 able. In fact, the objection that is almost certain to be 
 raised against it is that it is too easy to be safe. There 
 would seem to be little need, however, for apprehension 
 on that score. If sufficient time elapses between the pro- 
 posal of amendments by the states and the ratification 
 at the polls ; if the fullest publicity and opportunity for 
 discussion are given; and if a majority of the voters 
 scattered over a majority of the states then approve, the 
 amendments would seem to be desired by the people as 
 a whole. Besides, there is nothing inherently objection- 
 able in allowing a constitution to be amended easily. 
 In a country where the fundamental law is a written 
 constitution, the extent to which the people control is 
 determined very largely by the ease or difficulty with 
 which they can make changes in that constitution. And, 
 on the other hand, if a small minority can block any 
 amendments, that minority is almost certain to be dom- 
 inated by special interests for their own ends. There 
 is an added reason for simplifying the present method 
 of amending the constitution in the rapidly changing 
 conditions of modern society. In 1S00, fifteen or twenty 
 years was not a long time to wait to put a reform into 
 effect. To-day, when events move so swiftly, fifteen or 
 twenty years are like a generation. If the law pro- 
 posed to-day to meet present conditions cannot be passed 
 
 1 Introduced as House Joint Resolution 95, on June 10, 1913, 
 in the Sixty-tnird Congress, First Session. 
 
MEASUBES OF GOVEENMENTAL CONTROL 149 
 
 until fifteen or twenty years hence, when conditions 
 will have become different, it will be inadequate and 
 in some cases almost useless. Under such a system 
 government ceases to be responsive to the people, the 
 constitution tends to be broken or evaded, and a revolu- 
 tion, peaceful or violent, becomes more than a bare possi- 
 bility. 
 
 The proceedings of the Republican National Con- 
 vention in 1912 — and to a less extent those of the Demo- 
 cratic National Convention of the same year — brought 
 home to the people more strikingly than ever before the 
 grave dangers that lie in allowing a comparatively few 
 irresponsible delegates to nominate candidates for Pres- 
 ident and Vice-President. In both conventions, al- 
 though it would probably be impossible to prove fraud 
 legally, it is quite certain that sharp practices were used 
 and that the people were not fairly represented. No 
 one seriously contends that the vote of the delegates at 
 Chicago reflected the wishes of a majority of the mem- 
 bers of the Republican party; while in Baltimore the 
 spectacle of a political boss casting New York's ninety 
 votes for Clark against the wishes of the Democratic 
 voters of that state, and even against the wishes of a 
 strong minority of the delegation, was little short of 
 disgraceful. 
 
 Delegates to national party conventions at present 
 are chosen either by state conventions or by the people 
 at primary elections. Of those elected at the primaries 
 some are instructed to vote for designated candidates, 
 while others receive no instructions at all. Under the 
 plan of choosing delegates in state conventions — and the 
 majority of delegates are nominated in this way at 
 present — the chance that the people will be represented 
 is slight. In the first place, the unknown and rather 
 weak delegates to these state conventions are easily in- 
 
150 THE PKOGKESSIVE MOVEMENT 
 
 chiced to vote for any delegates to the national con- 
 vention that the boss or other representative of spe- 
 cial interests may dictate. These "hand-picked" dele- 
 gates to the national convention are in turn easily 
 manipulated and induced to vote for machine men for 
 candidates for President and Vice-President. In the 
 whole process public opinion is made effective only with 
 the greatest difficulty. Delegates to the state and na- 
 tional conventions are obscure, and little interest is 
 taken in them. It is safe to say that not one voter in 
 fifty knows the name of the man who represents him 
 in the national convention or could tell for which can- 
 didate the delegate voted. And, even if he did know, 
 it would do little or no good, for delegates are irresponsi- 
 ble, their duties ending with the convention in which 
 they sit. 
 
 The progressive movement aims to abolish the na- 
 tional party conventions as nominating bodies, leav- 
 ing to them only the function of making the party plat- 
 forms; and, at the same time, to give to the people 
 through a system of primaries the power to nominate 
 candidates for President and Vice-President. Under 
 the proposed primaries, known as presidential prefer- 
 ence primaries, delegates to national conventions would 
 be chosen directly by the people and would be pledged 
 to vote for designated candidates for President and 
 Vice-President. Thus, of ninety delegates from Xew 
 York to a national convention, twenty might be in- 
 structed to vote for A. twenty for B, and the rest for C. 
 To make the possibility of a deadlock as remote as pos- 
 sible, not only first but second and third choices may 
 be indicated. Thus, if no candidate is chosen after all 
 the first choice votes have been cast, the candidate re- 
 ceiving the smallest number of first choice votes would 
 be eliminated and the second choice of those who voted 
 
 \ 
 
MEASURES OF GOVERNMENTAL CONTROL 151 
 
 for him for first choice would be distributed among the 
 remaining candidates. This process can be continued 
 until some candidate receives a majority of the votes. 
 
 Seventeen states 1 have already adopted some form of 
 presidential preference primaries; but the system of 
 choices cannot be thoroughly worked out unless all 
 states choose their delegates under the same plan. Un- 
 der the present incomplete plan, the tendency is to bind 
 the delegates either too little or too much. The voters 
 of a state, for example, may instruct their delegates to 
 vote for a particular candidate. If it becomes apparent 
 on the first ballot that that candidate cannot win, the 
 delegates may continue to throw their votes away in a 
 hopeless cause or cast their instructions to the winds 
 and vote for whom they choose. In either case the real 
 intent of the primaries is defeated. Under a well-de- 
 vised scheme of first, second, and even third choices, 
 binding all states alike, it would be hard to conceive 
 a situation in which the delegates would have to go be- 
 yond the designations of the people to obtain a candi- 
 date. 
 
 The progressive movement aims to give to the voters 
 not only the power to nominate candidates for President 
 and Vice-President directly, but also the power to elect 
 them directly. The people of the United States have 
 become so accustomed to the method of election of the 
 President and Vice-President through the electoral col- 
 lege that they fail to recognize it as a political anomaly 
 and are not conscious of the rather important advan- 
 tages that would result if it were abolished. There is 
 no reason why Presidents and Vice-Presidents to-day 
 should be elected by an electoral college save that the 
 
 1 California, Illinois, Iowa, Maryland, Massachusetts, Michigan, 
 Minnesota, Montana, Nebraska, New Hampshire, New Jersey, 
 North Dakota, Ohio, Oregon, Pennsylvania, South Dakota and 
 .Wisconsin. 
 
152 THE PROGRESSIVE MOVEMENT 
 
 constitution is difficult to amend and the people are 
 inert. Theoretically, it is extremely incongruous for 
 voters to cast their ballots for men who have no other 
 duty than to journey to the different state capitols and 
 cast their votes for candidates already as good as elected. 
 
 There are several important advantages besides that 
 of removing an atrophied body to be gained by abolish- 
 ing the electoral college. In the first place, it would 
 be a step in the direction of breaking up the Solid 
 South. For years the Kepublican party has made 
 little or no effort to win votes in the southern 
 states because the Democrats were always certain to ob- 
 tain more popular votes and thus win the entire elec- 
 toral vote. If a majority of the popular votes deter- 
 mined the election, it would pay the Progressive or Re- 
 publican party to canvass every state, because the votes 
 gained, however few, would help to swell the total in 
 the other states. 
 
 In the second place, the present tendency to concen- 
 trate the campaign in a few pivotal or doubtful states 
 would not be so pronounced. Both parties now regard 
 certain states as "safe" ; i. e., a majority of the voters 
 can be counted on to vote the same ticket in every elec- 
 tion. So some states are Democratic and others Repub- 
 lican. The incentive to carry the campaign into those 
 states is very slight. A few thousand popular votes 
 one way or the other will not change the electoral vote 
 at all. The result is that two or three states become the 
 storm-center of the entire campaign. The story is told 
 of a small politician in one of the districts of New York 
 City who boasted that he could control the outcome of a 
 national election. His explanation was that he could 
 produce enough votes in his district to swing the popu- 
 lar vote of New York State in favor of his party ; and, 
 since New York's electoral vote was usually decisive, 
 
MEASURES OF GOVERNMENTAL CONTROL 153 
 
 he claimed that he could decide the national election. 
 While the story is probably apocryphal and the claim 
 doubtless exaggerated, it is true as a general proposi- 
 tion that special influence and corruption can work most 
 effectively when they can concentrate on a few crucial 
 points. With the removal of the electoral college and 
 the consequent increased importance of the individual 
 vote all over the country, these crucial points would be 
 fewer and more difficult to find. 
 
 A third advantage that would follow the modification 
 of the present system of electing the President would be 
 to make it impossible for one candidate to be elected 
 over another who had received a higher number of popu- 
 lar votes. Theoretically, such a situation is quite pos- 
 sible. The defeated candidate might carry many states 
 with few electoral votes, such as Delaware, Vermont, 
 Alabama, etc., by overwhelming majorities and yet lose 
 by a few votes in such states as New York, Pennsyl- 
 vania, and Illinois. Precisely this situation has already 
 arisen in two national campaigns. In 1876 Tilden was 
 defeated for the presidency by one electoral vote, al- 
 though he received 250,000 more popular votes than his 
 successful competitor, Hayes. Again in 1888, although 
 Cleveland polled 98,000 more popular votes than Har- 
 rison, the latter was elected by the electoral college by 
 a majority of sixty-five votes. 
 
 An important step was taken in the direction of 
 greater control by the people over the legislative branch 
 of the national government when the amendment pro- 
 viding for the direct election of United States senators 
 was ratified by the necessary three-fourths of the states. 
 Whether the change in the method of election will re- 
 sult in a stronger and more representative body of sen- 
 ators remains to be seen. It would seem, however, that 
 the change must be for the better. For years the Sen- 
 
154 THE PROGRESSIVE MOVEMENT 
 
 ate was composed largely of men whose private interests 
 made them conspicuously unfit to represent the people 
 and whose practices evoked the keen observation by 
 Mr. Bryce that ''some, an increasing number, are sena- 
 tors because they are rich ; a few are rich because they 
 are senators.*' * Railroads, industrial corporations, 
 and "big business'' in general spent thousands of dollars 
 to send men to the United States Senate to "protect 
 their interests.'' If, with the power in their hands to 
 send men truly representative of their own interests, the 
 people continue to send men of the type that have 
 largely made up the Senate for the past quarter of a 
 century, there will at least be the satisfaction of know- 
 ing that the responsibility is theirs and that the ability 
 of the people to govern themselves has been tested in 
 an important particular and found wanting. 
 
 In spite of the fact that all the members of the na- 
 tional legislature are now elected directly by the peo- 
 ple, there is at least one vital reform that needs to be 
 made to bring the legislative branch of the national 
 government into closer contact with the people and pub- 
 lic opinion. To conduct the vast volume of business 
 that comes before it, Congress of necessity must resort 
 to committees. As soon as a bill has been introduced, 
 it is referred to the proper committee for investigation 
 and report. These committees through their ability to 
 withhold a bill, to report it adversely, or to modify it in 
 such a way that its true character is changed, become 
 all-powerful. It is often quite possible, even where 
 both branches of the legislature are progressive, for a 
 small minority by proper manipulation of committees 
 to block sound legislation and even, in some instances, 
 to put through pernicious laws. 
 
 The character of the influence that the committees 
 
 1 American Commonwealth (abridged), p. 89. 
 
MEASURES OF GOVERNMENTAL CONTROL 155 
 
 exercise upon legislation depends chiefly upon the 
 method by which appointments to them are made and 
 the way in which they operate. Until recently com- 
 mittees in the House of Representatives were appointed 
 by the Speaker. With this power, Cannon made his 
 influence over the affairs of the country second only to 
 that of the President. Bills were amended, "killed" 
 or reported as he dictated. Practically no one could put 
 an important bill through without his approval. This 
 practice was changed after the revolt against Cannon 
 in 1910 and committee appointments are now made by 
 the House as a whole. In order to check still further 
 the power of the Speaker and to prevent the domination 
 of legislation by him, the House rules also provide that 
 the Speaker may not be elected a member of the im- 
 portant Committee on Rules. The practice with re- 
 gard to committee appointments in the Senate is much 
 the same as that which obtains in the House. Commit- 
 tee appointments are made by a kind of "steering com- 
 mittee," subject, however, to the approval of the party 
 caucus. In both Houses at present, therefore, commit- 
 tee appointments are made, in the last analysis, by the 
 party caucus, and, although this is an improvement over 
 the old method of appointment by the chair which gave 
 Speakers of the House so much power, the new method 
 is open to abuse. Party caucuses are secret and are apt 
 to be controlled by a few. A matter of so grave im- 
 portance to legislation as the selection of committees 
 should be subject to the widest publicity and the full 
 influence of public opinion. 
 
 As important as the method of appointing the mem- 
 bers of committees is the way in which the committees 
 conduct their business. It has long been the practice 
 for committees in discussing important legislation to do 
 so behind closed doors. Lobbyists and others especially 
 
156 THE PEOGKESSrVE MOVEMENT 
 
 interested in the bills before the committees are admit- 
 ted and allowed to present their arguments, but the gen- 
 eral public knows nothing of what goes on. The pro- 
 gressive movement favors giving the widest publicity 
 to the deliberations of committees, with the exception, 
 of course, of those few cases where secrecy is absolutely 
 necessary. The public is entitled to know the course of 
 argument followed in the committee room where the 
 fate of the bill is really decided and to know the argu- 
 ments that guide committees in making recommenda- 
 tions. 
 
 With senators and members of the House of Eepre- 
 sentatives elected by the people ; with the committees of 
 these two bodies elected by the representatives of the 
 people; with the work of the committees and of the 
 two Houses open to public scrutiny and public opinion ; 
 the people will be in a fair way to control the legislative 
 branch of the federal government. 
 
 It is a singular fact in our political life that the 
 judiciary, which occupies the most important position 
 of the three branches of government, is least subject to 
 popular control. In addition to the great power which 
 it is ordinarily supposed to have; i. e., the power to 
 pass as the court of last resort on questions arising un- 
 der the constitution, the Supreme Court exercises the 
 right by judicial interpretation to alter acts of Con- 
 gress, to declare statutes unconstitutional, and to amend 
 the federal constitution. In the famous Standard Oil * 
 and Tobacco cases, as Justice Harlan pointed out in his 
 able dissenting, opinion, the Supreme Court read into 
 the Sherman Anti-Trust Act the word ' 'unreasonable" 
 which was never intended by the framers of the law to 
 be used. In a number of cases, notably those involving 
 the question of the reasonableness of railroad rates im- 
 
 1 221 U. S., 1. 
 
MEASURES OF GOVERNMENTAL CONTROL 157 
 
 posed by state commissions, the Supreme Court has 
 amended Article XIV of the federal constitution to read 
 "nor shall any state deprive any person of life, liberty 
 or property without due process of law and without giv- 
 ing just compensation/' l 
 
 Most important of all its powers, however, is the 
 power to declare a law unconstitutional. By means of 
 this power it can nullify almost any act of Congress as 
 well as those of all the states if they are brought into 
 the federal courts. Even if this authority were exer- 
 cised with the greatest honesty — and it must be admit- 
 ted that on the whole it has been so exercised — it would 
 be contrary to the spirit of democratic government to 
 give a small body of men such unusual power. When it 
 is considered, too, that with the present difficult method 
 of amending the constitution for the Supreme Court to 
 declare a law unconstitutional is tantamount to forcing 
 the country to wait fifteen or twenty years to obtain the 
 right to pass it, the tremendous importance of the Su- 
 preme Court and its potential influence for good or evil 
 become apparent. 
 
 To control this powerful instrument of government, 
 the people possess very limited means. In fact, the 
 framers of the constitution planned to place the Su- 
 preme Court as far as possible beyond the influence of 
 public opinion. To that end, provision was made for 
 the appointment of judges for life by the President, 
 who in turn was to be elected by an electoral college 
 made up of the propertied and educated men ; and with 
 the advice and consent of a Senate chosen by state legis- 
 latures. At no point were the people directly to touch 
 the Supreme Court. 
 
 To establish this point of contact, two measures have 
 
 1 See article by Jesse F. Orton, in The Independent, December 
 5, 1912. 
 
158 THE PEOGEESSIVE MOVEMENT 
 
 been suggested: the recall of judges and the recall of 
 judicial decisions that declare a law unconstitutional. 
 The purpose of the first of these two measures is to give 
 to the people the power to remove from office judges 
 who by their decisions have shown, not necessarily that 
 they are dishonest and corrupt, but that they are out of 
 touch with enlightened public opinion. The purpose 
 of the second is to give the people the final authority to 
 decide what shall be the fundamental law of the land. 
 The recall of judges in the nation was advocated by 
 many progressive leaders as a check upon the autocratic 
 power of the Supreme Court after it had been adopted 
 with success in several of the states; but a full discus- 
 sion of the merits and practicability of the plan has de- 
 veloped some objections which make it questionable 
 whether it would be wise to apply it to the federal 
 judges. The first of these objections is the difiiculty of 
 establishing a fair basis for initiating a recall election 
 because of the vast area over which the plan would 
 operate. Usually recall elections are set in motion by 
 petitions signed by a certain percentage or an absolute 
 number of the voters. In the nation it would be next 
 to impossible to fix a percentage or a number that would 
 not be either so high that the voters could not call elec- 
 tions with reasonable ease or so low that the system 
 would not be used for petty and partisan purposes. As 
 a substitute for the usual petition, it might be provided 
 that automatically once in a given period, as for exam- 
 ple every fourth year, the question as to whether there 
 should be held an election to recall the judges of the Su- 
 preme Court should be presented to the people at a Con- 
 gressional election. If a majority voted in favor of such 
 a proposal, an election might be held the following year, 
 at which the names of all the members of the Supreme 
 Court would be submitted with the direction to vote 
 
MEASURES OF GOVERNMENTAL CONTROL 159 
 
 "yes" or "no" before each name to signify approval or 
 disapproval of the recall of that judge. If, in the case 
 of any judge, a majority voted in favor of his recall, 
 he would be removed and the President would then 
 appoint his successor. But even such a method would 
 be an unsatisfactory one. 
 
 In the case of federal judges serving in a limited 
 area, as, for example, judges of district courts, the prob- 
 lem of instituting the recall by petitions would not be so 
 difficult. A certain percentage of the voters of the dis- 
 trict in which the judge served could be permitted to call 
 the election and the adverse vote of a majority of those 
 voting would be sufficient to remove the judge. At best, 
 however, either in the case of the Supreme Court judges 
 or of the judges of the inferior federal courts, the prob- 
 lem of working out a fair method of calling an election 
 is a difficult one — so difficult that the desirability of 
 undertaking it at all is open to serious question. 
 
 ' The second measure suggested to give the people 
 greater control over the federal judiciary, i. e., the re- 
 call of judicial decisions that declare a law unconsti- 
 tutional, seems to be more practicable; and, it may be 
 added, more urgently needed. The character of the 
 judges that have sat in the Supreme Court of the United 
 States has, on the whole, been high. Public opinion 
 and tradition have combined to obtain men of ability, 
 learning, and character. Charges of corruption and dis- 
 honesty have been practically negligible. What is 
 needed therefore is not a system, at best exceedingly 
 difficult to operate with fairness, to remove corrupt and 
 dishonest judges from office, but a system that can be 
 easily operated to check an abusive exercise of the tre- 
 mendous powers that belong to a court organized as our 
 Supreme Court is. 
 
 Of all the ways in which the Supreme Court can 
 
160 THE PEOGR-ESSIYE MOVEMENT 
 
 thwart the will of the people, that of declaring laws 
 unconstitutional is the most effective. This is espe- 
 cially true when the defect goes to the heart of the law 
 and requires a constitutional amendment to remove it. 
 The decision of the Supreme Court, in the Income Tax 
 case in 1895 postponed the imposition of an income tax 
 eighteen years and cost the country millions of dollars 
 in revenue. The decision of the same court in the 
 Southern Pacific Railroad Company case, in which it 
 was held that the Southern Pacific came within the 
 meaning of the fourteenth amendment and that any 
 greater tax placed upon it than was placed upon other 
 individuals was unconstitutional, became a bulwark of 
 special and corporate interests and helped the Southern 
 Pacific Eailroad Company in its spoliation of the State 
 of California. It is on such questions as these that the 
 progressive movement believes that the people should 
 have the right to disagree with the Supreme Court's in- 
 terpretation of the fundamental law. "With a system 
 providing for the recall of judicial decisions in effect, 
 every time the Supreme Court declared a law unconsti- 
 tutional, an automatic appeal would be made to the peo- 
 ple at the next general election. At that election, voters 
 would vote "yes" or "no," afiirming or reversing the 
 court's decree. In some cases, a reversal of the Su- 
 preme Court by the people would involve a mere differ- 
 ence of interpretation of the constitution; in others, it 
 would be tantamount to adding an amendment to it. 
 
 As was intimated above, such a plan for recalling ju- 
 dicial decisions that declare laws unconstitutional would 
 probably be a sufficient modification of the machinery 
 of the federal government, so far as the judiciary is 
 concerned, to secure to the people a larger measure of 
 control. If, with this scheme in operation, the courts 
 still failed to respond to public opinion, some method 
 
MEASURES OF GOVERNMENTAL CONTROL 161 
 
 of recalling the judges themselves might be worked out. 
 With a sufficient extension of the powers of the na- 
 tional government over corporations to insure the re- 
 moval of organized special influence from the national 
 government, and with the modifications of the three de- 
 partments of the federal government suggested in this 
 chapter put into effect, the country would be ready to 
 give more thought and attention to the greater use of 
 government in the solution of modern social problems 
 with which individuals are unable to cope. 
 
CHAPTEE IX 
 
 MEASURES OF RELIEF 
 
 The third phase of the progressive movement in the 
 nation — the extension of the functions of government to 
 relieve distress — is important not so much because of 
 what the national government is doing or can do in 
 enacting remedial legislation, as it is because of what it 
 seemingly ought to do and people generally expect that 
 it will do. In the last few decades, nations all over the 
 world have been earning for themselves the title "pa- 
 ternalistic" because of the degree to which they have 
 intervened to promote the welfare of their citizens. 
 Systems of compensation for injured employees, of in- 
 surance against old age and unemployment are pre- 
 scribed; the number of hours a day and the conditions 
 under which laborers may work are carefully regu- 
 lated; child labor is prohibited; and in hundreds of 
 other particulars the individual is protected. This 
 same intervention by the government in matters that 
 were formerly almost entirely controlled by individuals 
 has been emulated by many of the state governments in 
 our own country; and workingmen's compensation, 
 mothers' and widows' pensions, the minimum wage, and 
 similar measures have been embodied in statutes. This 
 rapid extension of governmental activity abroad and in 
 the individual states in this country has led many to 
 expect similar action by our federal government. In- 
 dustry and commerce have developed so quickly and so 
 
 162 
 
MEASUEES OF RELIEF 163 
 
 extensively that many corporations have employees in 
 a number of different states, and consequently no single 
 state can regulate them all. The protection of the indi- 
 vidual working man and woman, and the conservation 
 of child life have assumed national proportions and 
 have seemingly become national problems. The de- 
 mand for national legislation and national relief grows 
 more and more insistent and the reasons seem more and 
 more urgent; but, unhappily, the obstacles in the way 
 of any great extension of the federal powers in these 
 directions remain almost insuperable. 
 
 The three most important questions in connection 
 with which the federal government is called upon to 
 enact remedial legislation are the protection of men, 
 women, and children engaged in industrial work, taxa- 
 tion, and the conservation of natural resources. Over 
 the last two questions, the national government has al- 
 most plenary power ; over the first, in some respects the 
 most pressing question of all, it has practically no 
 power at all, except in so far as it exercises control 
 over employees engaged in interstate commerce. Con- 
 gress can revise the tariff or abolish it entirely; it can 
 levy an income tax and a corporation tax; it can pre- 
 scribe the terms upon which national forests may be cut, 
 mines opened, and water power used; but it is power- 
 less to deal effectively with child labor, occupational dis- 
 eases, or old-age insurance. 
 
 To give to the federal government the power to grap- 
 ple with these problems, moreover, would mean more 
 than the mere passing of an amendment or two to the 
 constitution. It would necessitate an upheaval of our 
 entire constitutional and judicial system. The theory 
 under which state governments can and the federal 
 government cannot legislate on matters that peculiarly 
 concern individuals, such as the number of hours a 
 
164 THE PROGRESSIVE MOVEMENT 
 
 day men and women shall work and the amount of pay 
 they shall receive, is that all power originally is vested 
 in the states and only that portion specifically yielded 
 to the federal government can be exercised by it. In 
 determining whether Congress or any other federal 
 agency has authority to exercise a certain power, the 
 courts always presume that it has not, and require clear 
 evidence to prove that it has. While the authority of 
 the nation is thus restricted by the constitution and ju- 
 dicial interpretation, there has developed in the states 
 a power known as the police power which gives to them 
 most extraordinary authority in relieving distress. If it 
 can be shown that an act is necessary to promote the 
 health, safety, or welfare of its citizens, the courts will 
 uphold the authority of the state to enact it. It is by 
 the exercise of this liberal, elastic, and far-reaching 
 power that states have been able to extend their func- 
 tions to relieve distress : and it is because of the lack of 
 this power or one similar to it that the nation cannot 
 do likewise. To give to the nation real jurisdiction 
 over the changing conditions of modern industrial life 
 would be to take a large share of the police power from 
 the states, to upset precedents of the courts, and to 
 change the fundamental spirit of the constitution. Un- 
 til such fundamental changes are made, the measures 
 of relief which the nation can adopt will be few and 
 relatively ineffective. 
 
 Whether the progressive movement should go so far 
 as to revolutionize the present system of government so 
 as to give to the nation jurisdiction which now belongs 
 to the states is a question that should be determined 
 only after a careful consideration of the relative advan- 
 tages and disadvantages of state as compared with na- 
 tional action in affording economic and social relief. 
 One objection frequently raised against individual state 
 
MEASURES OF RELIEF 165 
 
 action is that laws are not uniform and cannot be made 
 so. New York prohibits children under fourteen from 
 working in factories; Alabama has no such restriction. 
 Sixteen states allow children under sixteen to work at 
 night ; the others do not. 1 New Jersey and New York 
 have workingmen's compensation acts; Delaware and 
 Florida have not. The practical result of such di- 
 versity is to put a premium on lax laws. Just as cor- 
 porations, driven from many of the other states by strict 
 laws, turned to such states as New Jersey and Delaware 
 as havens of rest, so mill owners and factory owners 
 tend to manufacture in those states where the laws gov- 
 erning hours and conditions of labor, payment for in- 
 juries, etc., are least numerous and least severe. As a 
 result, reactionary states feel that they may mark time ; 
 progressive states feel that they must mark time; and 
 remedial legislation tends to come to a standstill. 
 
 Not only is there not uniformity in the remedial 
 legislation enacted by the states now, but it seems almost 
 impossible to obtain it. Certainly, it cannot be ex- 
 pected that forty-eight states will pass the same laws 
 on the same subject without some kind of cooperation; 
 and thus far the most promising kind of cooperation, 
 that offered by the House of Governors, has failed. 
 This house was the direct outcome of a conference 
 called by President Roosevelt in 1908, to which were 
 invited, in addition to senators and members of the 
 House of Representatives, the governors of the several 
 states. The idea was conceived of perpetuating the con- 
 ference so far as the governors were concerned and the 
 House of Governors was born. It has met once a year 
 every year since its organization, and has discussed a 
 number of questions on which uniform state action 
 
 Pamphlet No. 184— Child Labor. Issued by National Child 
 Labor Committee. 
 
166 THE PEOGEESSIVE MOVEMENT 
 
 seemed wisest; but the House of Governors, useful as 
 it promised to be, has been unable to pass far beyond 
 the stage of mere discussion. Diversity of state laws 
 with the evils that naturally follow in their wake must 
 be accepted unless federal action can be secured. 
 
 Moreover, even if it were possible to induce the states 
 to enact uniform laws, real uniformity would be almost 
 as far off as ever. Laws that are similar on the statute 
 books may become exceedingly diverse when interpreted 
 by the courts. A workingmen's compensation act is de- 
 clared unconstitutional in 2s"ew York and constitutional 
 in ISTew Jersey and other states. The police power of 
 one state is construed to extend to regulating the hours 
 of labor in a certain industry and construed not so to 
 extend in a similar case in another state. Unless the 
 judges of the highest courts in the different states, as 
 well as the legislators, can come together and agree upon 
 uniform principles of interpretation, uniform treat- 
 ment of the evils and dangers connected with modern 
 industry will be impossible. 
 
 The very diversity which is used by many as an argu- 
 ment in favor of giving to the federal government con- 
 trol over remedial legislation is the reason advanced by 
 others for advocating that it be reserved to the indi- 
 vidual states. The question, it is urged, is not whether 
 some governmental agency should intervene, but 
 whether the nation rather than the state should be the 
 government to do so. In leaving it in the hands of the 
 individual states, experiments can be made which, if 
 they fail, cause little or no disturbance outside of the 
 particular state in which they are made. Washington 
 can try its own scheme of state insurance; Wiscon- 
 sin can develop its own plan of pensioning mothers, and 
 other states are warned by their failures and heartened 
 by their successes. This opportunity for experimenta- 
 
MEASURES OF RELIEF 167 
 
 tion, which is harmless where it fails and greatly bene- 
 ficial where it succeeds, is a strong argument in favor 
 of state rather than national regulation of industrial 
 matters. 
 
 There is another argument that is often advanced, 
 which, though in a measure traditional, nevertheless 
 merits consideration; i. e., the principle of local legis- 
 lation or home rule. It is contrary to the genius and 
 policy of the Anglo-Saxon peoples to give to any central 
 authority power that can be effectively used by the local 
 government. Englishmen and Americans are essen- 
 tially self-governing and do not readily accept much 
 interference from without. The fact that the training 
 and the temper of the people are both against it, added 
 to the fact that it would be extremely difficult for a 
 central government to know intimately local conditions 
 and problems, would seem to make it unwise to entrust 
 to the federal government any great control over the 
 individual's affairs. 
 
 On the whole, therefore, it is not easily possible nor 
 entirely desirable at this time that the national govern- 
 ment should be given full power to enact remedial legis- 
 lation in connection with the first important question 
 with which it is often expected to deal; i. e., the pro- 
 tection of men, women, and children engaged in indus- 
 trial work. This view makes the third phase of the 
 progressive movement in the nation of less practical 
 importance — temporarily, at least — than the first and 
 second, and throws the burden of relieving industrial 
 distress upon the individual states. It emphasizes anew 
 the proposition that the progressive movement, espe- 
 cially in the nation, has not run its course, but that it 
 is just beginning; and that the necessary next steps are 
 to make the national government more responsive to the 
 wishes of the people and to control the great industrial 
 
168 THE PROGRESSIVE MOVEMENT 
 
 corporations engaged in interstate commerce. With 
 these two steps accomplished, it will be practicable, at 
 some later time, to consider a larger extension of the na- 
 tional government's activities in relieving distress. 
 
 Although the federal government cannot completely 
 solve the problems that arise in connection with the pro- 
 tection of men, women, and children engaged in indus- 
 trial work, its jurisdiction over interstate commerce 
 gives it the power to protect those employees who are 
 engaged in any way in commerce between the states. 
 This it has already done in a measure by enacting an 
 Employers' Liability Act. This act at present applies 
 only to those employees who are engaged in interstate 
 c omm erce and is based upon the distinctly modern the- 
 ory with respect to injuries sustained by workingmen 
 while engaged in any occupation, that the cost of 
 such injuries -kould be borne not by individual work- 
 ingmen and feieir families, but by society in general 
 in the form of aa increase in the price of the com- 
 modity in the production of which the injury was suf- 
 fered.' Human wear and tear are placed in the same 
 category with machine wear and tear and are added to 
 prices as legitimate costs of production and distribu- 
 tion. 
 
 The first Employers' Liability Act passed by the na- 
 tion was enacted in 1906. 1 It provided that the em- 
 ployees of any common carrier engaged in interstate 
 commerce, or in commerce in the District of Columbia 
 or the territories, might recover for injuries sustained 
 by them in the course of their employment, even al- 
 though they were caused by the negligence of a fellow- 
 servant. This section of the act did away with the old 
 common law rule that an employee was presumed to 
 know the habits and ability of his fellow-employees and 
 
 1 34 U. S. Stat., pt. 1, p. 232. 
 
MEASURES OF BELIEF 169 
 
 to guard against any negligence on their part. It re- 
 moved from the firemen or engineers of a great railroad 
 corporation, employing thousands of men, the ridicu- 
 lous obligation of familiarizing themselves with the ca- 
 pabilities of all their fellow-workers and changed the 
 rule that made it impossible for them to recover dam- 
 ages when their arms or legs were broken through the 
 carelessness of a track walker whom they had never 
 met. 
 
 Another provision of the Act was to the effect that the 
 contributory negligence of an employee would no lon- 
 ger be a bar to recovery for injuries sustained if the 
 railroad company itself had violated a statute. Thus, 
 if a trainman were injured through his own negli- 
 gence in coupling cars in a case where the coupler was 
 not of the kind prescribed by some statute, the railroad 
 company could not interpose the carelessness of the 
 employee as a defense. Moreover, the statute recog- 
 nized the principle of comparative negligence by allow- 
 ing an employee who had been injured partly because 
 he had been negligent and partly because the company 
 had violated a statute to recover an amount propor- 
 tioned to the extent to which the company's careless- 
 ness had contributed to the accident. 
 
 Finally, the act provided that no employee should be 
 barred from recovering damages on the ground that 
 when he had accepted his work he had voluntarily as- 
 sumed all risks incident to it and was therefore sup- 
 posed to know what he was about. This privilege, how- 
 ever, was given to the employee only in cases where the 
 railroad had violated a statute in allowing the employee 
 to assume the risk. 
 
 This first Employers' Liability Act of 1906 was de- 
 clared unconstitutional by the Supreme Court in a 
 group of cases known as the Employers' Liability 
 
170 THE PEOGBESSIVE MOVEMENT 
 
 Cases. 1 The ground upon which the Supreme Court 
 rested its decision was that the statute invaded the 
 province of the state governments by including within 
 its provisions all the employees of a common carrier 
 operating between states and not merely those employees 
 of such interstate common carriers who were engaged 
 in interstate commerce. The court pointed out that 
 a railroad, most of the business of which was interstate, 
 might have to pay damages under the federal act to an 
 employee on a small branch line that formed but a part 
 of the whole system and lay wholly within a single 
 state. 2 Although, as Justice Moody urged in his dis- 
 senting opinion, there was good reason to believe that 
 Congress intended to limit the application of the act to 
 employees engaged in interstate commerce, the court 
 refused to read into the statute what was not plainly 
 there and accordingly declared it ambiguous and uncon- 
 stitutional. 3 
 
 To remove the objections raised by the Supreme 
 Court against the first act, Congress in 1908 passed a 
 second Employers' Liability Act, which, with the 
 amendments passed in 1910, 4 is the law on the subject 
 to-day. The second Act, so far as the modification of 
 the fellow-servant doctrine, the doctrine of comparative 
 negligence, and the doctrine of assumption of risk are 
 concerned, is substantially the same as the first. There 
 is an additional provision, however, which gives to the 
 state courts concurrent jurisdiction with the federal 
 
 1 207 U. S. 463. 
 
 2 207 U. S. 498. 
 
 3 It is interesting to compare the decision of the court in this 
 case with that handed down in the Standard Oil Case in 221 
 U. S. 1, where the court reads into the Sherman Law the word 
 1 ' unreasonable. ' ' 
 
 *For the Act, see 35 U. S. Stat., pt. 1, p. 65; for the amend- 
 ment thereto, see 36 U. S. Stat., pt. 1, p. 291. 
 
MEASURES OF BELIEF 171 
 
 courts and thus makes it possible for the injured work- 
 ingman to bring his action in either. 
 
 Although the Supreme Court, in declaring the first 
 act unconstitutional, had intimated that the sole ob- 
 jection was the ambiguity which made it appear to 
 include workingmen engaged in intrastate as well as 
 in interstate commerce, the second act was attacked by 
 the railroads on a number of other grounds. The mat- 
 ter came before the Supreme Court again in the Sec- 
 ond Employers' Liability Cases, 1 and, after a thorough 
 argument from all angles, the law was upheld. 
 
 Although the Employers' Liability Act now in force 
 marks a great advance over the common law, it needs 
 to be improved in a number of important particulars. 
 In the first place, the two common law defenses, i. e., 
 that the injury was due to the negligence of a fellow- 
 servant and that the risk was voluntarily and know- 
 ingly assumed by the employee, should be removed in 
 those cases where the employer has not violated any 
 statute. Moreover, the third of these defenses, that the 
 accident was caused in whole or in part by the careless- 
 ness of the employee and that the amount of damages 
 may, therefore, be reduced in proportion to the degree 
 of the employee's negligence, should be modified so as 
 to allow an employee to recover in all cases where he 
 has not been willfully negligent. 
 
 The law should be further modified to provide for 
 the payment of specific sums of money instead of 
 amounts determined upon by a capricious or sympa- 
 thetic jury. These amounts might be stated in the act 
 and be based upon the seriousness of the injury, the 
 length of the time of disability, and the income of which 
 the employee and his family are deprived by his in- 
 capacity. Such a system has two distinct advantages. 
 
 1 223 U. S. 1. 
 
172 THE PEOGKESSIVE MOVEMENT 
 
 It definitely recognizes the payment of damages for 
 accidents to workingmen as a legitimate cost of pro- 
 duction and it insures fairness to employer and em- 
 ployee by preventing the one from being mulcted and 
 the other from being cheated by the uncertainty and 
 prejudice of jury awards. 
 
 The federal government, although it is limited in its 
 power to enact remedial legislation except in connec- 
 tion with employees engaged in interstate commerce, 
 nevertheless can be of great assistance indirectly by 
 conducting investigations and furnishing material upon 
 which states may base their action. A large amount 
 of this work is done even now by permanent federal 
 departments, such as the Department of Commerce and 
 the Department of Labor and by special committees or 
 commissions such as the Industrial Commission and the 
 present Commission on Industrial Kelations. Properly 
 tabulated and interpreted, and widely spread, the re- 
 sults obtained by such investigating bodies are of im- 
 measurable value in molding public opinion and inciting 
 it to action. There is, however, danger lest the use of 
 commissions be overdone and more information amassed 
 than can be readily assimilated and used. Most fed- 
 eral reports are uninviting and uninteresting and are 
 rarely opened by the average citizen. It would seem 
 that the time has come when the needs already clearly 
 shown should be met, rather than that more time and 
 money should be given to placing upon them any 
 stronger emphasis. 
 
 The ability of the national government to relieve dis- 
 tress so far as taxation is concerned is much greater 
 than it is in connection with industrial problems. One 
 of the first steps which can be taken by the federal gov- 
 ernment in this regard is to pass a law providing for 
 the creation of a permanent, non-partisan tariff board or 
 
MEASURES OF RELIEF 173 
 
 commission, appointed by the President for a reasonably 
 long term and at a fairly high salary and having gen- 
 eral jurisdiction over all tariff questions. Such a tariff 
 commission, on the recommendation of President Taft, 
 was established in 1909 ; but because of the purely par- 
 tisan opposition of the Democrats never had a chance 
 to exert any great influence and passed out of existence 
 in December, 1912, on account of the failure of Con- 
 gress to appropriate funds for its maintenance. Pro- 
 gressive elements in all parties are agreed that the tariff 
 commission should be revived, believing that in that 
 way only can the worst evils of the present tariff system 
 be cured. 
 
 One of the first tasks of such a tariff commission 
 would be to make an exhaustive, scientific study of the 
 whole tariff question for the purpose of determining 
 whether a tariff is needed ; and, if so, for what reason 
 and to what extent. At present, there is no convincing 
 argument based on scientific principles that a tariff is 
 needed at all. The Eepublican party and its succes- 
 sor, the Progressive party, maintain that American 
 manufacturers and American workingmen need pro- 
 tection against the injurious results of competition with 
 low-priced labor in other countries; the Democrats, on 
 the other hand, are equally insistent in their claim that 
 a protective tariff is unnecessary and that it merely 
 serves to foster trusts and monopolies, to raise the cost 
 of living without adding to the rate of wages by keep- 
 ing out cheaper products from abroad ; but Democrats, 
 Progressives, and Republicans alike can offer little or 
 no logical support for their contentions. A careful 
 study of the entire question by an unprejudiced tariff 
 commission, including a comparison of labor condi- 
 tions, wages, standards of living, etc., here and abroad, 
 as well as the availability of raw materials, cost of trans- 
 
174 THE PEOGEESSIVE MOVEMENT 
 
 portation, and other similar factors, would make im- 
 possible the conflicting statements that are now heard 
 from seemingly reliable sources and would go far to- 
 ward establishing a reasonable and just tariff policy. 
 
 In the second place, a tariff commission would abol- 
 ish a practice which custom alone has rendered tol- 
 erable; i. e., the practice of revising the entire tariff 
 at one time. Xot only does Congress at present attempt 
 the tremendous task of revising the tariff on hundreds 
 of articles as different as wire nails, feathers, and sugar 
 at one session ; but as a rule the revision is put off as 
 long as possible and is then rushed through in a few 
 months. Of the last two tariff sessions, the first — that 
 of 1909 — lasted only five months, and the second — that 
 of 1913 — lasted six; and, although in each case there 
 were men on the committees in charge of the revision 
 who had had former experience in tariff revisions, the 
 time allotted to the committees, to Congress, and to the 
 nation as a whole, was altogether too short. 
 
 The evil results that flow from this wholesale re- 
 vision are manifold. In addition to the objection al- 
 ready hinted at that no adequate study can be made 
 of labor conditions and the other elements that must be 
 considered in imposing an equitable tariff, exceptional 
 opportunity for graft and corruption is offered. The 
 graft takes the form of log-rolling and trading votes, 
 while the corruption appears as outright bribery. The 
 senator from Louisiana, to protect his interests, will 
 vote for a high tariff on woolens if the senator from 
 Massachusetts will do what he can to keep out cane 
 sugar. And in the secrecy of the committee room where 
 not even members of Congress can follow the intricate 
 deliberations and agreements on the several schedules, 
 it is not difficult for those interested to see to it that the 
 
MEASURES OF RELIEF 175 
 
 tariff is "properly" adjusted even if bribery or what 
 amounts to bribery must be resorted to in doing so. 
 
 A third defect of the present system of tariff-making 
 is the tendency to use it almost entirely for political 
 purposes. Whenever a political party lacks an effective 
 campaign issue, it seizes upon the high cost of living 
 or the impoverished condition of workingmen, or the 
 depression in business and manufacture, and attributes 
 these phenomena to the tariff. Parties out of power 
 add to their own strength by promising to revise the 
 tariff if they are placed in power ; and, at the same time, 
 attempt to discredit and weaken the party that is in 
 power by arousing public opinion to demand a change. 
 If the unfortunate party in power revises the tariff 
 upward, there is an outcry that it has broken its plat- 
 form pledge because all parties are supposed to pledge 
 downward revisions; if, on the other hand, it revises 
 downward, business is unsettled and the party is ac- 
 cused of starting a panic. Thus in 1909 the Eepub- 
 lican party, when forced by public opinion to change 
 the tariff, enacted the Payne-Aldrich bill, which made 
 a number of substantial increases and thereby opened 
 the party to the accusation of violating its pledge. In 
 1913 the Democratic Congress revised the tariff down- 
 ward through the Underwood bill and, for that reason, 
 is held largely responsible for the lack of confidence 
 that prevails in the business world. 
 
 The tariff commission advocated by the progressive 
 movement will make difficult, if not impossible, the use 
 of the tariff for political purposes. In fact, one of the 
 principal objects in establishing the commission will be 
 to remove the tariff as an issue entirely from politics. 
 Like the Interstate Commerce Commission, the tariff 
 commission will have practically no connection with 
 Congress save to make suggestions and recommend 
 
176 THE PKOGKESSIVE MOVEMENT 
 
 laws; and, like the railroad commission, it will be un- 
 affected by political agitations and changes. 
 
 In addition to removing the serious defects of the 
 present method of revising the tariff, there are certain 
 positive advantages which a commission such as has 
 been suggested may be expected to confer. In the first 
 place, the relation of the tariff to the high cost of liv- 
 ing can be ascertained with a fair degree of certainty; 
 and, if it be found that the tariff is really responsible, 
 the duties on necessities can be reduced or removed. By 
 a judicious shifting of revenues, taking the tax off 
 some and placing it upon others, the burden can ulti- 
 mately be placed upon those best able to bear it. This 
 process is of necessity a difficult one; because of the 
 tendency of all taxes to fall upon the poorer classes, 
 it involves more than removing the duty on wool and 
 increasing it on diamonds. But beyond a doubt, by a 
 series of careful adjustments, a tariff commission could 
 do much to lighten the present burdens. 
 
 In the second place, distress will be relieved to the 
 extent to which it is caused by trusts, monopolies, and 
 combinations in restraint of trade that are now made 
 possible because of protection by the tariff from any 
 real competition. Kot all trusts and monopolies de- 
 pend upon the tariff for their existence, it is true. 
 Some are natural and would exist were the tariff en- 
 tirely removed. ^N"or is it certain that artificial national 
 trusts when threatened with dissolution by the removal 
 of the tariff may not be driven to combine with other 
 artificial national trusts to form artificial international 
 trusts. But, at any rate, whatever turn the develop- 
 ment of trusts may take, the most satisfactory adjust- 
 ment of their relations to the tariff will come through 
 a non-partisan commission such as has been described. 
 
 In the third place, the periodic disturbances of busi- 
 
MEASURES OF RELIEF 177 
 
 ness that are now caused by frequent revisions of the 
 tariff will be unknown. At most, the one or two indus- 
 tries affected by changes in a few items in a single 
 schedule will be disturbed, and even in those cases the 
 disturbance will not be serious because it will presuma- 
 bly have been anticipated and provided for by the com- 
 mission. Business men all over the country will not 
 have a disposition as at present to curtail manufactur- 
 ing and trading for weeks and months while they await 
 the new tariff provisions and observe their general oper- 
 ation and effect. 
 
 Finally, it will be possible for public opinion to ex- 
 ercise a more effective influence on tariff revisions. In- 
 stead of being limited, through inability to follow the 
 course of legislation in Congress, to a general demand 
 that the tariff be revised up or down, and, in many in- 
 stances, not knowing until after the act has been pub- 
 lished which way the tariff is going, it will be possible 
 to know and discuss each schedule and each item as it 
 comes before the commission. This need not mean that 
 the tariff will be revised as the result of popular clamor. 
 What it will mean, however, is that every interest 
 affected will have an opportunity to be heard and that 
 the average citizen will be able, if he so desires, to fol- 
 low and understand the policy and purpose that govern 
 the imposition of a tax which he is obliged directly or 
 indirectly to pay. 
 
 To supply the revenue of which the government may 
 be deprived by any great reduction of the tariff; and, 
 at the same time, to carry out the policy of placing the 
 burden of taxation on those who, by reason of their 
 wealth, are most able to bear it, the progressive move- 
 ment proposes a national tax on all inheritances. Such 
 a tax should, of course, establish a reasonable exemption 
 limit, apply a carefully graduated rate, and make lib- 
 
178 THE PROGRESSIVE MOVEMENT 
 
 eral exemption allowance in favor of widows, children, 
 direct heirs, charitable institutions, and similar legatees. 
 There are, it is true, taxes of a similar kind at present 
 in effect in a number of the states ; but that should not 
 be a controlling reason why the national government 
 should not add another to raise money for national 
 purposes. If such a tax were properly graduated and 
 the state taxes taken into consideration in fixing the 
 rate, a national inheritance tax would probably work 
 no great injustice. On the other hand, it would have 
 one decided advantage in addition to replacing revenue 
 lost by a reduction of the tariff on necessities. It would 
 aid in some small degree in reducing the swollen for- 
 tunes that have been accumulated and that are, in many 
 respects, a menace to the nation. A revised tariff that 
 will take the duties off necessities and place them upon 
 luxuries, supplemented by the income tax now in force 
 and the proposed inheritance tax, will do much to in- 
 troduce a more equitable system of taxation and thus 
 relieve, in some degree, present distress. 
 
 The third great question, in connection with which 
 the federal government is asked to relieve distress, is 
 the conservation of natural resources. In this field, un- 
 questionably, the federal government can accomplish 
 more good than the states acting singly or in coopera- 
 tion. 
 
 ''Theoretically the states can develop and protect 
 
 the streams . . . within their respective borders, 
 and if these streams are interstate in character 
 the states affected can unite in plans and expendi- 
 tures for their joint protection and development. 
 Practically, however, the tendency is increasingly 
 in the direction of federal action upon such mat- 
 ters. Some of the individual states are developing 
 
MEASURES OF EELIEP 179 
 
 effective policies of water conservation, but it is 
 the federal government after all which is called 
 upon to make the chief expenditures for the devel- 
 opment of navigation and for the protection of the 
 forest cover around the sources and along the wa- 
 tersheds of both navigable and non-navigable 
 streams. It is the federal government which will 
 be asked to build the reservoirs in which to im- 
 pound the flood waters at their source so that devas- 
 tation may be prevented and stream flow be made 
 regular and beneficent. . . . The states which are 
 jointly interested in the disposition and develop- 
 ment of interstate waters not only do not cooperate 
 with each other, but are in fact antagonistic." 1 
 
 What is true about water and water power is equally 
 true about the other important natural resources such 
 as minerals, land, and forests; state authority has a 
 tendency to be weak and uncertain and quite unable 
 to cope with the difficult problems that constantly arise. 
 
 The fundamental underlying principle of the whole 
 conservation movement is that the present generation, 
 in making use of the resources of the country, should 
 have in mind the needs of the generations that are to 
 come. In all instances, the practical application of that 
 principle means that resources shall be used economi- 
 cally and wisely ; and, in some cases, goes to the extent 
 of prohibiting the use of certain resources entirely. If 
 a natural resource is to be used and its use is placed in 
 the hands of a private individual or corporation, the 
 greatest care should be exercised to make certain that 
 some governmental agency, state or national, retains 
 general control. This may be done by letting out the 
 privilege of developing the resource on a short-term 
 
 1 Eeport of the Secretary of the Interior, 1912, p. 19. 
 
180 THE PEOGEESSIVE MOVEMENT 
 
 lease or by granting the privilege outright and exercis- 
 ing close supervision by means of a commission. This 
 policy has already been adopted by the federal govern- 
 ment to a certain degree ; it should be confirmed c md ex- 
 tended to all cases. If the government adopts the policy 
 of retaining the natural resources of the country and 
 developing them itself, it should recognize them as pub- 
 lic utilities to be managed for service and convenience 
 and not exploited for mere profit. 
 
 The natural resource in the proper development of 
 which lies the national government's largest opportunity 
 for service is waterways. As iiistruments of interstate 
 commerce, as sources of water power and irrigation, the 
 waterways can be made immensely more valuable than 
 they are at present ; while as causes of floods and disas- 
 ters a proper control over them can do much to alleviate 
 misery and distress. 
 
 So much attention has been given during the last 
 twenty or thirty years to the development and regula- 
 tion of railroads that there is some danger that the 1 im- 
 portance of waterways as arteries of interstate commerce 
 may be overlooked. In the United States, on June 30, 
 1912, there were 240,239 miles of railway track, which 
 during the preceding fiscal year carried approximately 
 1,818,232,193 tons of freight. 1 Because of the dearth 
 of statistics, the exact amount of traffic of the entire 
 system of inland waterways cannot be given for the 
 same period, but it is safe to say that it is not one-tenth 
 as much. 2 Rivers and canals that formerly teemed 
 with commerce have been allowed to become obstructed 
 and to remain unrepaired; canal traffic in ISTew York 
 State, which is typical of canal traffic all over the 
 country, has decreased from 3,345,941 tons in 1900 
 
 1 Am. Year Book, 1913, p. 561. 
 2 Ibid., pp. 554-555. 
 
MEASURES OF RELIEF 181 
 
 to 2,606,116 tons in 1912; 1 and cities that formerly 
 were centers of commerce and trade have lost greatly 
 in prestige. 
 
 There seems to be no good reason why, under the 
 initiative of the federal government, there should not 
 be a revival of traffic by water. At present, the rail- 
 roads are unable to handle the freight that is given to 
 them ; and, if the amount continues to increase as rap- 
 idly in the next decade as it has in the last, the need 
 of additional facilities for carrying it will become ex- 
 tremely urgent. Another reason for looking more and 
 more to the waterways as means of interstate commerce 
 is that transportation is much cheaper by water than it 
 can possibly be made by rail. Eailroad rates have been 
 hammered down so consistently by the Interstate Com- 
 merce Commission at the demand of public opinion that 
 no great reductions can fairly be asked from that quar- 
 ter. In fact, railroads are constantly demanding rate 
 increases on the ground that the present rates do not 
 yield a fair return on the companies' investments. A 
 well-devised system of navigable waterways would rap- 
 idly increase the freight-carrying capacity of the coun- 
 try. Not only could freight be carried as safely and as 
 cheaply by water as by rail, but, in some cases, it could 
 be carried even more expeditiously. The indirect bene- 
 fits of government aid in this direction would be a lower- 
 ing of the cost of living, the stimulation of the flow of 
 commerce in arteries now almost shrunken from disuse, 
 and a quickening of trade and industry all over the 
 country. To a certain extent, too, the vitalizing of 
 inland waterway commerce would help to develop many 
 of the smaller cities and would counteract the tendency 
 toward too great centralization in large cities which 
 have unusual natural facilities for handling commerce. 
 1 Ibid., p. 556. 
 
182 THE PROGRESSIVE MOVEMENT 
 
 A second way in which the federal government can 
 be of assistance in connection with waterways is in pro- 
 moting, extending, and regulating their use for the pur- 
 pose of generating water power. " There is no more im- 
 portant subject now pending before Congress and the 
 country than the adoption of a definite and compre- 
 hensive water-power policy." 1 Such a policy should 
 have as its fundamental principle the development of 
 water powers for public rather than private uses. Ac- 
 cording to Herbert Knox Smith, former Co mm issioner 
 of Corporations, thirteen companies, the most conspicu- 
 ous of which are the General Electric Company and the 
 Westinghouse Company, control more than one-third of 
 the entire development of water power in the United 
 States. 2 The first step, therefore, which the federal 
 government should take is to place these private cor- 
 porations under effective supervision. This can be done 
 by providing for a license fee or by retaining the right 
 to revoke a grant entirely if it is not satisfactorily used. 
 A second step which the government should take is to 
 make certain that all potential water power is devel- 
 oped. Water that can be profitably used should not be 
 allowed to remain idle either on land owned by the gov- 
 ernment or on that which has been granted to private 
 individuals or corporations. In the third place, the 
 national government should see to it that water-power 
 rights, like railroad facilities, are extended to all upon 
 equal terms. The gravest danger that could arise in 
 the development of the water power of the country is 
 the formation of a water-power monopoly uncontrolled 
 by any governmental agency and giving service of a 
 kind and amount determined by its own inclination and 
 
 1 Report of the Secretary of the Interior, 1912, p. 14. 
 
 2 Quoted by Van Hise, Conservation of Natural Resources, 
 p. 135. 
 
MEASURES OF RELIEF 183 
 
 the desire to make profit. The government is needed, 
 finally, to regulate the rates that are charged for water 
 power and for the electric current and power generated 
 by its use. As in the case of railroads, rates should be 
 based on the amount of capital actually invested where 
 the enterprise is a private one and solely on public con- 
 venience and necessity where the public is the owner. 
 Under no circumstances should the waterways be re- 
 garded as mere means of making profit. 
 
 A third way in which the national government can 
 assist so far as waterways are concerned is in connec- 
 tion with their use for purposes of irrigation. Con- 
 gress has already done a great deal in this direction by 
 passing, in 1902, the Newlands or Keclamation Act, 
 which provided for the use of government funds to con- 
 struct reservoirs, dams, and irrigation systems. The 
 money so appropriated for particular projects was to be 
 repaid by farmers who used the water so that it might 
 be invested again in other projects, and thus eventually 
 reclaim as much as possible of the arid land of the 
 country. Since the act went into effect, over a million 
 acres have been reclaimed, of which more than 721,000 
 acres are now irrigated and tilled. Sixty-nine million 
 dollars have been spent, of which three millions have 
 been returned as water rents and charges. 1 The work 
 has been somewhat retarded by the operations of land 
 speculators who have sold land at high prices to farmers 
 on the installment plan, arranging to have their pay- 
 ments for the land take precedence over payments to 
 the government for the water rights, and thus postpon- 
 ing the beginning by the government of new irrigation 
 projects. This practice should be stopped at once and 
 government payments should be made promptly so that 
 the work of reclamation may be carried on as rapidly 
 
 x See Report of Secretary of Interior, 1912. 
 
184 THE PROGRESSIVE MOVEMENT 
 
 as possible. The present irrigation policy of the gov- 
 ernment should be encouraged and extended. Above 
 all things, the future of irrigation should not be allowed 
 to fall entirely into private hands. Many of these cor- 
 porations organized and built irrigation ditches before 
 the national government took up the problem and now 
 control a very large area of irrigated and irrigable land. 
 If the government does not take over these corporations 
 entirely, it should at least make certain that they are 
 subjected to the strictest control. 1 
 
 A final way in which the federal government can be 
 of assistance in connection with the waterways of the 
 country is by taking steps to prevent the occurrence of 
 floods. Scarcely a year passes without the record of 
 some terrible flood disaster such as those which Dayton, 
 Ohio, and a number of the cities along the Mississippi 
 experienced in 1913. In addition to the more than 
 occasional loss of life, more than $50,000,000 worth of 
 property is destroyed in the United States by flood 
 every year. 2 The assistance which the national govern- 
 ment can render in preventing these floods is chiefly of 
 three kinds : by purchasing and preserving forest lands 
 at the sources of streams and thus making possible a 
 constant and steady flow; by constructing reservoirs to 
 hold storm and other excess water; and, finally, by 
 building dams and levees to keep streams from over- 
 flowing their banks. The federal government has al- 
 ready given assistance of the first kind by appropriating 
 $11,000,000 to be used for the purchase of forest lands 
 at the headwaters of streams and rivers to improve their 
 
 x See Van Hise, Conservation of Natural Resources, p. 185, and 
 Report of the Secretary of the Interior, 1912, p. 23. 
 
 2 American Year Boole, 1913, p. 288. Van Hise quotes Leigh- 
 ton's statement that the annual loss is $237,800,000, but this 
 probably includes indirect as well as direct damages; see Van 
 Hise, Conservation of Natural Resources, p. 182. 
 
MEASURES OF RELIEF 185 
 
 navigability and continuity of flow. 1 Most of this 
 money is being spent in buying up tracts of land in the 
 East. The necessity of appropriating more money for 
 similar purposes in connection with streams in the West 
 will be greatly diminished if the national government 
 will but adopt now a far-sighted policy and refuse to 
 part with government forest areas, the preservation of 
 which will be helpful in promoting uniformity and regu- 
 larity of the flow of streams and rivers. The policy of 
 the government in allowing gigantic reservoirs, upon 
 the stability of which thousands of lives and millions 
 of dollars' worth of property directly depend, to be con- 
 structed and maintained by private individuals, is 
 wrong both in theory and in practice. The federal gov- 
 ernment either should itself build reservoirs or should 
 make certain that those built by private persons are 
 safe by subjecting them to thorough and frequent in- 
 spection. Finally, in building dams and levees, the 
 frequency with which such rivers as the Mississippi 
 break down the embankments and overrun the land and 
 the impotence of the states in meeting the situation, 
 demonstrate the need of effective federal action. The 
 same methods and perhaps the same machinery that were 
 used by the government in constructing the Panama 
 Canal might be used in improving great inland water- 
 ways. The expense entailed upon the national govern- 
 ment in extending further aid in these three directions ; 
 i. e., purchasing forest areas, constructing reservoirs, 
 and building dams and levees, would be offset in a com- 
 paratively short time by the savings that would result 
 from the prevention of the present enormous loss and 
 damage of property by floods. 
 
 In so far as conservation of natural resources is con- 
 cerned, the progressive movement in the nation is of the 
 1 36 U. S. Stat., pt. 1, p. 961. Weeks Forest Reserve Act. 
 
186 THE PROGRESSIVE MOVEMENT 
 
 utmost importance because of the aid which the na- 
 tional government, and it alone, can give. In so far as 
 a readjustment of the system of taxation is concerned, 
 the national government can offer a fair amount of re- 
 lief. In so far as relief of the distress and poverty 
 caused by the complex conditions of modern industrial 
 life are concerned, however, the movement in the na- 
 tion is relatively insignificant. On the whole, the steps 
 which the progressive movement in the nation must 
 take next are the modification of the theory and struc- 
 ture of the national government which make it so diffi- 
 cult, for the federal government to meet the demands 
 made upon it : and to evolve and perfect a system of ef- 
 fective corporation control. 
 
PAET III 
 
 THE PKOGKESSIVE MOVEMENT IN THE 
 STATE 
 
CHAPTER X 
 
 MEASURES OF CONTROL OVER THE NOMINATION AND 
 ELECTION OF OFFICIALS 
 
 Fundamentally, the principles of the progressive 
 movement in the state are the same as those in the na- 
 tion: corrupt special influence must be removed; the 
 structure of government must be modified so as to allow 
 a greater and more direct participation by the people 
 in the conduct of public affairs; and, finally, the func- 
 tions of government must be increased in an effort to 
 meet industrial and social needs. Because of the lim- 
 ited area of the states, certain problems connected with 
 the movement, such as the control of industrial and 
 railroad corporations, are not so great as they are in the 
 nation ; and, because of the same limitation in area, 
 certain other problems, such as direct legislation and 
 the protection of men, women, and children engaged in 
 industrial work, are more important because they are 
 more acute and at the same time can more readily be 
 solved. In the nation, moreover, partly because of the 
 peculiar system of government which narrowly delimits 
 its powers, the progressive movement is not so far ad- 
 vanced as it is in the states. For that reason, the pri- 
 mary emphasis at present, so far as the nation is con- 
 cerned, must be placed upon the preliminary steps of 
 governmental and corporation control ; while, in the 
 states, although these preliminary steps are important, 
 
 189 
 
190 THE PROGRESSIVE MOVEMENT 
 
 they are becoming more and more incidental to the ex- 
 tension of the functions of government to afford social, 
 economic, and industrial relief. 
 
 In advocating greater control by the people over gov- 
 ernment, the progressive movement has in view not 
 only an increase in the influence exercised by voters in 
 politics, but also an increase in the number of those who 
 exercise it. The theory of democracy upon which the 
 entire progressive movement is based is that every nor- 
 mal citizen who is mentally and morally fit not only has 
 the right, but is also under a duty to participate in the 
 solution of political problems. Holding this point of 
 view, those who believe in the movement can find no 
 logical reason why women should not, and every logical 
 reason why they should, have the right to vote. In spite 
 of the fact that the term democracy is so frequently 
 used in speaking of governments, there has never yet 
 been a democracy in the true sense of the term. Men 
 theoretically find no difficulty in conceiving a govern- 
 ment in which all the governed, with the exception of 
 those that are manifestly unfit, may take an active part ; 
 but they are extremely reluctant to put the theory into 
 practice. And so, in the history of democracy, there 
 have been property, color, and sex qualifications, no 
 one of which is based upon reasonable theory and two 
 of which have been recognized as wrong and removed. 
 It is worthy of note, too, that the failure of most so- 
 called democracies can be traced, in large measure, to 
 causes closely connected with women and the things 
 in which women are interested ; and it is interesting to 
 speculate on the probable fate of those governments 
 had the women been allowed to take an active part in 
 them. 
 
 It would be futile to attempt in the limited space that 
 can be given to the topic to present a full discussion of 
 
NOMINATION AND ELECTION OF OFFICIALS 191 
 
 the advantages and disadvantages of woman suffrage. 
 There are, however, eertain objections to it that are so 
 distinctly opposed to the underlying principles of the 
 progressive movement that it will be well to give them 
 some consideration. The most important of these ob- 
 jeetions are live: (1) that the place for women is 
 in the home and that effective participation in politics 
 by women will necessarily mean the sacrifice of the 
 best interests of the home; (2) that the extension of the 
 franchise to women, although it may not lower the tone 
 of political life, will not raise it, in fact that it will 
 have practically no effect at all; (8) that participation 
 in politics will tend to degrade women and diminish the 
 unconscious influence which they now exert; (4) that 
 the right to vote rests ultimately upon force and physi- 
 cal strength and that, since women cannot be expected 
 to meet all the obligations of the franchise such as 
 going to war, holding office, etc., they should be given 
 none of its privileges ; and, finally (5 ), that most women 
 do not want to vote and that the agitation for woman 
 suffrage is the work of a comparatively few restless 
 and dissatisfied women who have missed their true mis- 
 sion in life. 
 
 That a woman's interests are largely in the home, in 
 the same sense in which a man's interests are largely 
 in the office, the shop, or the factory, may be readily 
 admitted. But merely because a woman's interests are 
 in the home would seem to be no more* valid as a reason 
 for confining them to the home than the fact that a 
 man works eight hours a day as a plumber, carpenter, 
 or bricklayer would be accounted a sufficient reason for 
 urging that his activities be limited to plumbing, car- 
 pentry, or bricklaying. Participation in government is 
 a duty which men and women should discharge in addi- 
 
192 THE PROGRESSIVE MOVEMENT 
 
 tion to any other duties they may have to perform ; and 
 no one should be allowed to shirk his — or her — share of 
 the burden because he — or she — is busy with other 
 things. There are, moreover, two other good reasons 
 why the contention that women's interests should be 
 confined to the home will not bear analysis. In the first 
 place, because of the conditions of modern life, there is 
 an increasingly large number of women who are forced 
 out of the home into industrial and commercial life. 
 These women have much more in common with men 
 similarly engaged than with women who are compelled 
 to do no work other than housework ; and to refuse to 
 allow them the right to determine the laws that inti- 
 mately affect their welfare on the ground that their 
 interests are in the home is incongruous in the extreme. 
 In the second place, the interests of the home, in the 
 case of those women whose activities are centered there, 
 are becoming less and less absorbing and exacting. As 
 Olive Schreiner has so forcefully pointed out in her 
 book on Woman and Labor, the tasks of the modern 
 housewife are very slight, so slight that woman is fast 
 becoming a parasite upon society. To prevent woman 
 from falling to a position in w T hich she will have no 
 value other than mere sex value, her interests must be 
 increased and enlarged ; and no more fruitful field for 
 her activities exists than the field of politics in the broad 
 sense. 
 
 For a long time, many opponents of woman suffrage 
 contended that to admit women to politics would be a 
 positive evil in that it w r ould tend to increase vice, cor- 
 ruption, and graft. The advocates of woman suffrage 
 answered that, far from making politics any worse 
 than they now are, women would purify and ennoble 
 political life. Events have not shown that either side 
 
NOMINATION AND ELECTION OF OFFICIALS 193 
 
 was entirely correct in its assumption. Eleven states l 
 have adopted state-wide woman suffrage, and in not one 
 of them has there been any evidence that women divide 
 on political questions differently from men. Testimony 
 as to the effects of woman suffrage in these states is con- 
 flicting: few claim that it is an unmitigated good or 
 an unmitigated evil; some claim that on the whole it 
 has improved conditions; others that it has made them 
 somewhat worse. The truth seems to be that it is im- 
 possible to tell whether there lias been any change at 
 all. As this fact becomes more and more evident, the 
 opponents of woman suffrage cease to object to it on 
 the ground that it will do harm and object to it because 
 it has not resulted in any clearly perceptible good. If 
 the right of franchise were conditioned upon the ability 
 to demonstrate clearly the benefit conferred upon the 
 state by the exercise of it, the voting population would 
 be much smaller than it now is. Not all men, any more 
 than all women, can be expected to make marked im- 
 provements in politics; but that is no reason why they 
 should be relieved of their share of the responsibility 
 and burden. On the other hand, some women can aid 
 in political life in a peculiarly helpful way. An Ella 
 Flagg Young as Superintendent of Schools in Chicago 
 and a Katherine B. Davis as Commissioner of Charities 
 in New York can render services of a kind that few men 
 are equipped to give. There is, on the whole, there- 
 fore, just about as much reason why all women should 
 vote as there is why all men should vote. Although it 
 often seems that better government could be had if 
 those who seemingly contribute nothing were eliminated 
 
 1 Wyoming (1869), Colorado (1893), Utah (1896), Idaho 
 (1896), Washington (1910), California (1911), Arizona (1912), 
 Kansas (1912), Oregon (1912), Montana (1914), and Nevada 
 (1914). 
 
194 THE PROGRESSIVE MOVEMENT . 
 
 from participating in it, the history of governments 
 has shown that that government is most secure in which 
 the greatest number of those subject to it have a voice 
 in the conduct of its affairs. 
 
 The third objection to woman suffrage, that it will 
 tend to degrade women and rob them of the unconscious 
 influence which they now exercise, really condemns it- 
 self. If our political life is rotten, so rotten that women 
 cannot take part in it, the logical course would seem 
 to be to take steps to purify it and not to accept the situ- 
 ation as inevitable and to use it as an argument for 
 excluding a whole class from the exercise of the fran- 
 chise. It is a mistake, too, to suppose that women, 
 even when out of politics, are unaffected by low stand- 
 ards in politics. Society is not divided into water-tight 
 compartments; and vice, corruption, and degradation of 
 men are bound to break through and exert an unwhole- 
 some influence upon the ideas and ideals of women. As 
 to robbing women of the unconscous uplifting influence 
 which they are now said to exert, it is questionable, in 
 the first place, whether the strength of that influence is 
 not greatly exaggerated. How women whose chief in- 
 terests are in "society" can inspire or even assist the 
 public careers of their husbands is difficult to imagine. 
 The greatest inspiration that women can give is through 
 service, through contact with, rather than aloofness 
 from, the practical problems of politics. 
 
 Another argument, which, though not always openly 
 expressed, nevertheless probably influences as many 
 men against woman suffrage as any other single argu- 
 ment, is the argument that women should not be given 
 the privileges of the franchise because they cannot as- 
 sume its burdens. The essence of this contention is that 
 the right to vote rests on physical strength and brute 
 force; and although men have long ceased to apply it 
 
NOMINATION AND ELECTION OF OFFICIALS 195 
 
 to men and no longer exclude from participation in gov- 
 ernment the weak and physically unfit, who cannot go 
 to war or hold public office, they still apply it to women 
 because of the traditional position which woman occu- 
 pies as the inferior and dependent of man. Men are 
 instinctively unwilling that women should become en- 
 tirely independent ; and much of the feeling that caused 
 men under the old common law to regard the wife's 
 personality as merging into that of the husband still 
 prevails. Practically, the objection that women cannot 
 go to war or hold public office can have but little weight. 
 Beyond the fact that women can be of service as nurses 
 and in similar capacities, modern warfare is so con- 
 ducted that there is little that a man can do that a ro- 
 bust woman could not do almost as well. It takes skill 
 rather than strength to shoot a modern rifle ; and mathe- 
 matical exactness is more essential than brute force in 
 discharging a twelve-inch gun. As modern warfare de- 
 velops further, the number of things which women can 
 do if the emergency requires will constantly increase. 
 The contention that women are unable to hold office has 
 been amply disproved by experience. Neither theoreti- 
 cally nor practically is there any reason why women 
 should not fill most offices as well as men and some offices 
 better. The true value of the entire objection becomes 
 apparent when its inconsistency is noticed. Although 
 hundreds of men are unable to take part in war or to 
 hold any public office that would greatly tax their 
 strength, no suggestion is made that they be deprived 
 of the right to vote. It is only where the right of women 
 is concerned that democracy is made to rest on might 
 and physical prowess. 
 
 When all other argument fails, the opponent of 
 woman suffrage raises as an unanswerable objection 
 the assertion that a majority of the women do not want 
 
196 THE PROGRESSIVE MOVEMENT 
 
 it. Overlooking the impossibility of compiling statis- 
 tics to show the real attitude of women on the ques- 
 tion; overlooking, too, the incongruousness of charging 
 women with not wanting what they have but a remote 
 possibility of obtaining; overlooking, finally, the indif- 
 ference shown by men which causes a comment when 
 more than sixty or seventy per cent, of the voters par- 
 ticipate in an election; we come to the real point at 
 issue, that women ought to take part in politics whether 
 they want to or not. The franchise is a duty as well as 
 a privilege and no member of society capable of assum- 
 ing it can rightly evade it. l^or is this contention an- 
 swered by asserting that women already are repre- 
 sented in politics through their husbands and fathers 
 and brothers; for beyond the fact that many women 
 have no husbands and could not by the greatest stretch 
 of the imagination be said to exert any influence over 
 the votes of their brothers or fathers, it is no more jus- 
 tifiable to discharge political responsibilities by indirec- 
 tion and influence than it would be to discharge moral 
 or financial obligations in the same way. It is only 
 when every man and every woman feels strongly the 
 responsibility resting upon him or her and conscien- 
 tiously tries to meet it that special influence, graft, cor- 
 ruption, and similar evils will disappear from our politi- 
 cal life. 
 
 Having defined the people so as to include the women 
 as well as the men, the progressive movement aims to 
 give to a majority of the people so defined an easy, di- 
 rect, and certain control over their government. To do 
 this, it proposes, first of all, to put into effect a group of 
 measures which are designed to give to the people 
 greater control over the nomination and election of 
 candidates; as, for example, direct primaries, corrupt 
 practices acts, the short ballot, the Massachusetts bal- 
 
NOMINATION AND ELECTION OF OFFICIALS 197 
 
 lot, and an adequate system of registration; and, sec- 
 ondly, a group of measures designed to give to the peo- 
 ple control over candidates and policies after election; 
 as, for example, the initiative, referendum, and re- 
 call. The first of the measures proposed by the pro- 
 gressive movement to give to the people greater control 
 over the nomination and election of candidates is a 
 direct primary law. It has long been the boast of poli- 
 ticians that they do not care who elect candidates to 
 office so long as they have the power to nominate them. 
 In some districts and even in some states the confi- 
 dence expressed by the politicians in the boast is well 
 justified because a particular party is so strong that its 
 candidates are certain of election. A Republican has 
 no chance of being elected to any state-wide office in 
 South Carolina, nor has a Democrat any chance in Ver- 
 mont. There are hundreds of aldermanic, assembly, 
 senatorial, and congressional districts where the same 
 situation exists. And in states or districts where the 
 situation does not exist and the parties seem about 
 evenly divided, it is not uncommon for the bosses of 
 the supposedly opposing parties to get together and di- 
 vide the spoils between them. The methods by which 
 politicians exercise their control are very simple. A 
 committee appointed by the previous county, state, or 
 other convention places upon the ballots the names of 
 the delegates to the respective conventions. The dele- 
 gates are voted upon at a so-called primary election and 
 are almost invariably chosen. These irresponsible and 
 practically unknown delegates then meet in the state, 
 county, assembly district, or other convention and under 
 the direction of the boss and committee to whom they 
 owe their nomination, select candidates for the different 
 offices. How little real power can be exercised by a 
 
198 THE PROGRESSIVE MOVEMENT 
 
 majority of the people under such a system need not be 
 pointed out. 
 
 There is at present in most states some form of di- 
 rect primary law, and for that reason no exhaustive 
 discussion of direct primaries as a part of the pro- 
 gressive movement is necessary. But in scarcely a state 
 is there a direct primary law which has not some seri- 
 ous defects. Here, as in so many other cases, politi- 
 cians have yielded a little rather than give up all, and 
 have allowed to be passed laws which are named direct 
 primary laws, but which have little but the name in 
 common with real direct primary legislation. Such 
 halfway measures do more harm to the progressive 
 movement than total failure to pass any laws at all pos- 
 sibly could. They quiet the demands of those who can- 
 not distinguish a thorough-going reform from a sham 
 reform, and when they fail to accomplish the expected 
 results they open the door to attack on all progressive 
 measures. 
 
 A first defect in many of the existing primary laws 
 is the retention of the convention system for the nomi- 
 nation of officers to be elected by a state-wide vote. Un- 
 der a thorough-going system of direct primaries, all 
 conventions are abolished except for the purpose of 
 making a party platform. Xominations are made by 
 petitions, the number of signatures to which is arbi- 
 trarily fixed or is a certain percentage of the votes cast 
 for the office at a previous election. These petitions are 
 carefully examined and verified by some state official, 
 who, if he finds them sufficient, places the names of 
 the candidates upon the ballots. 
 
 Another serious defect in many of the direct pri- 
 mary laws now in force is the provision for plurality 
 rather than majority nominations. Such a system of 
 direct primaries makes it comparatively easy for ma- 
 
NOMINATION AND ELECTION OF OFFICIALS 199 
 
 chine politicians, by placing a number of candidates 
 in the field and thus dividing the opposition, to retain 
 control. Reform elements are usually unorganized and 
 slow to combine, while the regular party candidate can 
 frequently count on a sufficiently large number of faith- 
 ful adherents to give him the plurality necessary to se- 
 cure the nomination. The result is that by controlling 
 perhaps only twenty or thirty per cent, of the votes and 
 causing the others to be scattered among a number of 
 good candidates the machine is able to win the day. 
 If a majority vote were required to nominate, the pro- 
 gressive forces would realize the necessity of combining ; 
 and, even if they did not, the machine element could not 
 command sufficient votes to carry the primary without 
 making important concessions. 
 
 In working out a system of majority nominations, in 
 order to obviate the need of holding several elections 
 until some candidate has the votes necessary to a choice, 
 the progressive movement proposes what is known as a 
 scheme of second and third choices. If, for example, a 
 candidate for governor is to be nominated, the names 
 of all candidates are placed on the ballot and alongside 
 of the names are three columns headed first, second, 
 and third choice respectively. Each voter is asked to 
 vote for one candidate for first, one for second, and one 
 for third choice. In counting the votes, two different 
 methods are used. Under one of these two methods, 
 which is known as the Ingram method, the first choice 
 votes are counted separately, and, if any one of the 
 candidates receives a majority, he is declared nomi- 
 nated and the count ends. If no one receives a majority 
 of first choice votes, the second choice votes cast for each 
 candidate are added to his first choice votes; and, if 
 any candidate receives a majority of the first and sec- 
 ond choice votes, he is nominated. If not, the third 
 
200 THE PROGRESSIVE MOVEMENT 
 
 choice votes are added and the candidate that receives 
 the largest total number of votes is nominated. 1 A 
 striking characteristic of this method is that no candi- 
 date is eliminated in passing from the counting of the 
 first choice votes to the counting of the second choice 
 votes. 
 
 Another method of preferential voting is the so-called 
 Australian method. Under this plan, votes are cast 
 for first, second, and third choices, but where no candi- 
 date receives a majority of the first choice votes cast, 
 the candidate who received the lowest number of first 
 choice votes is eliminated and his votes are scattered 
 among the other candidates according to the second 
 choice of those who voted for the eliminated candi- 
 date as their first choice. If no candidate then has a 
 majority, the process is repeated until only two candi- 
 dates remain, and then the candidate who has received 
 a majority of the first and second choice votes is de- 
 clared elected. This plan is open to the objection that 
 a candidate may be defeated even though he received 
 more first and second choice votes than his successful 
 competitor. For example : of three candidates for as- 
 semblyman, one may receive 1.000 first choice votes. 
 another 1.500 and the third 2.000. Of second choice 
 votes, the first candidate might have 1.000. the second 
 100 and the third only 100. According to the rule that 
 the man receiving the lowest number of first choice 
 votes is to be eliminated, the candidate who received 
 1,000 votes would be declared "out." although, if second 
 choice votes were considered, he would clearly be the 
 popular choice. A second disadvantage of the Aus- 
 tralian system as compared with the Ingram method is 
 that, in order to eliminate and redistribute votes, all 
 
 '-See Owen, The Code of the People's Pule. Sixty-first CongTess, 
 
 Second Session; Senate Document No. 603. pp. 96-97. 
 
NOMINATION AND ELECTION OF OFFICIALS 201 
 
 the ballots must be assembled at one central place, while 
 under the Ingram method, since it is a mere matter of 
 adding together the first, second, and third choice votes 
 on each ballot, and no distribution of second choice 
 votes is made, the counting can be done in the various 
 precincts or districts and the totals alone sent to some 
 central place. 
 
 A third defect frequently pointed out in many of the 
 direct primary laws now in force is that, while they 
 theoretically encourage candidates to run independ- 
 ently, nevertheless, because of the heavy expenses inci- 
 dent to every political campaign, it is impossible for 
 anyone who is not himself very wealthy or who does not 
 have the backing of a political machine, to run with 
 any promise of success. This objection has added force 
 in cases where a regular election follows the primary 
 election. In such cases, it is necessary for the inde- 
 pendent candidate to maintain campaign headquarters, 
 print and distribute literature, hire halls for meetings, 
 and to incur other expenses to obtain the nomination; 
 and then to go through almost exactly the same pro- 
 cedure to be elected. This situation, far from crip- 
 pling the power of the bosses, rather increases their 
 strength. Because of superior organization, they are 
 better able to obtain the names for petitions, which are 
 necessary to make a man a candidate and then to as- 
 sume the burden and expense of a double campaign. 
 
 This defect in the system of direct primaries has 
 been removed in a few states by the passage of an act 
 which, in a measure, is supplemental to direct pri- 
 maries and yet which is of use in removing special in- 
 fluence and unfair opportunity in politics generally. 
 This act is usually known as a corrupt practices act, 
 because originally in most cases it was designed to re- 
 
202 THE PROGRESSIVE MOVEMENT 
 
 move outright corruption and bribery; but in some 
 states it has been so greatly developed that at present 
 the removal of corruption is only an incidental feature. 
 One phase of the corrupt practices acts that have been 
 passed is that which forbids individuals and corpora- 
 tions to make, and nominees to accept contributions 
 which are made presumably for the purpose of obtain- 
 ing special favors after election. The method employed 
 to accomplish this purpose is to require all political 
 parties and all candidates to file with the secretary of 
 state a full statement of all campaign contributions 
 and the objects for which money contributed was spent. 
 This is a very common provision and is found in the 
 corrupt practices acts of most of the states having 
 such acts. 
 
 It soon became apparent to progressives in some of 
 the states, however, that merely to prevent the ele- 
 mentary form of bribery and corruption was not 
 enough to insure a fair campaign and an equal oppor- 
 tunity for all the candidates. So long as a candidate 
 himself was allowed to spend as much money as he 
 chose in his own campaign, wealthy candidates had a 
 decided advantage over their poorer competitors. The 
 amounts that have been spent by candidates for such 
 offices as governor of a state or United States senator 
 have been notoriously large. To give every candi- 
 date an equal chance, so far as finances are concerned, 
 a few states have incorporated as part of a corrupt 
 practices act one or more sections definitely limiting 
 the amount of money which a candidate may spend. 
 The "Wisconsin corrupt practices act, 1 for example, 
 limits the expenditures by or on behalf of any candidate 
 for any office as follows : 
 
 1 Session Laws, 1911, C. 650, See. 94-28. 
 
NOMINATION AND ELECTION OF OFFICIALS 203 
 
 "(1) For United States senator, seven thousand 
 Hyo hundred dollars. 
 
 (2) For representative in Congress, two thousand 
 
 five hundred dollars. 
 
 (3) For governor, judge of the supreme court 
 
 or state superintendent of schools, &Ye thou- 
 sand dollars. 
 
 (4) For other state officers, two thousand dollars. 
 
 (5) For state senator, four hundred dollars. 
 
 (6) For member of assembly, one hundred fifty 
 
 dollars. 
 
 (7) For presidential elector at large, five hundred 
 
 dollars, and for presidential elector for any 
 congressional district, one hundred dol- 
 lars." * 
 
 In Oregon, under the Huntley Law, "no sums of 
 money shall be paid, and no expenses authorized or 
 incurred by or on behalf of any candidate to be paid by 
 him, except such as he may pay to the state for print- 
 ing ... in his campaign for nomination to any public 
 office or position in this state, in excess of fifteen per 
 cent, of one year's compensation or salary of the office 
 for which he is a candidate; provided, that no candi- 
 date shall be restricted to less than one hundred dol- 
 lars. . . ." 2 In the case of campaigns for regular elec- 
 tion, candidates are not allowed to spend more than ten 
 per cent, of the salary attached to the office which they 
 seek. 3 Thus by specifying definite sums in some cases 
 and by specifying a certain percentage of the salary of 
 
 1 There are other provisions for city officers, etc., which are not 
 quoted. 
 
 2 General Laws of Oregon, 1909, C. 3, Sec. 1. 
 
 8 Ibid., Sec. 8. It is interesting to note that in 1913 the people 
 of Montana initiated and passed a law exactly like the Oregon 
 statute; see Laws of Montana, 1913, p. 593. 
 
204 THE PROGRESSIVE MOVEMENT 
 
 the office in others, candidates' campaign expenses, both 
 in primary and final elections, are being controlled and 
 all candidates are placed upon a more nearly even basis. 
 
 Progressive states are coming to the conclusion now 
 that it is not sufficient to prevent corruption by forbid- 
 ding individuals and corporations to contribute except 
 under certain circumstances, or by limiting the amount 
 of money which candidates themselves may spend; but 
 that it is essential for the people to give positive aid to 
 candidates in the conduct of their campaign. This is 
 done in some instances by means of a pamphlet pre- 
 pared and issued by the secretary of state, containing 
 the statements of the different candidates, their por- 
 traits, and the statements which any persons opposing 
 the candidates may desire to make. All statements are 
 required to be submitted a reasonable time before elec- 
 tion; the statements are then compiled, a page usually 
 being taken by each candidate ; and a short time before 
 the election these pamphlets are distributed to all regis- 
 tered voters in the state. Candidates are required to 
 pay for the space which they use in amounts in pro- 
 portion to the importance of the office for which they 
 are running. Thus in Wisconsin, candidates for United 
 States senator are charged three hundred dollars for 
 the first page and one hundred and fifty for the second ; 
 candidates for the House of Representatives are charged 
 two hundred dollars for the first page and one hundred 
 for the second, and so on. 1 The money which is paid 
 for space in the state pamphlet is not included in the 
 limit of expense within which candidates are held. 
 
 Another interesting provision in these more advanced 
 corrupt practices acts is that regulating advertise- 
 ments in newspapers. The Oregon statute states that 
 "no publisher of a newspaper or other periodical shall 
 
 1 Session La^s 1911, C. 650, Sec. 94-27. 
 
NOMINATION AND ELECTION OF OFFICIALS 205 
 
 insert, either in its advertising or reading columns, any 
 paid matter which . . . tends to aid, injure, or defeat 
 any candidate or political party or organization . . . 
 unless it is stated therein that it is a paid advertise- 
 ment. ... No person shall pay the owner, editor, pub- 
 lisher, or agent of any newspaper ... to induce him 
 to editorially advocate or oppose any candidate. . . ." * 
 The Wisconsin statute requires further that any candi- 
 date who has an interest in a newspaper or periodical 
 shall file, a specified number of days before election, a 
 statement showing the character and amount of the 
 interest. 2 
 
 In Colorado the people, not satisfied to forbid corrup- 
 tion and to limit candidates' expenditures, passed a law 
 in 1909 requiring that "the state treasurer shall pay to 
 the state chairman" of each political party a for cam- 
 paign purposes a sum equal to twenty-five cents for 
 each vote cast at the last preceding general election for 
 the nominee for governor of that political party." 3 
 
 The state chairmen in their turn are directed to turn 
 over to the county chairmen twelve and one-half cents 
 for every vote cast in their respective counties for gov- 
 ernor at the preceding election. Each candidate, more- 
 over, is allowed to contribute to his campaign fund a 
 sum not exceeding forty per cent, of the first year's 
 salary of the office ; but beyond the contribution by the 
 state and the limited contributions by the candidates no 
 expenses may be incurred. The law is somewhat de- 
 fective in that it discourages the formation and impedes 
 the growth of independent parties by subsidizing most 
 heavily the party that can poll the largest vote, and in 
 that it allows a candidate to contribute so large a per- 
 
 1 General Laws of Oregon, 1909, C. 3, Sec. 33. 
 
 2 Session Laws 1911, C. 650. 
 
 3 Session Laws 1909, C. 141. 
 
206 THE PROGRESSIVE MOVEMENT 
 
 centage of the salary of the office for which he is run- 
 ning ; but nevertheless it is a step in the right direction 
 because it recognizes political campaigns as public rather 
 than private enterprises and, as such, subject to the 
 control and entitled to the support of the state. 
 
 Another set of principles which the progressive move- 
 ment in the state advocates for the purpose of giving to 
 the voters more effective control centers about reforms 
 in the ballot. The first of these principles, which had 
 its origin in the effort of the last decade or more to im- 
 prove municipal government, is known as the short 
 ballot principle. The demand for a shorter ballot, both 
 in municipal and in state elections, is based upon the 
 fundamental weaknesses of the present system which 
 make it impossible even with the most improved system 
 of direct primaries and the most thorough-going cor- 
 rupt practices act to insure the election of the best 
 candidates. The first of these two weaknesses is the 
 difficulty of interesting the average citizen in the elec- 
 tion of unimportant officials. Every voter takes a keen 
 interest in the candidates for President, governor, and 
 mayor; but only the most conscientious citizen is par- 
 ticularly concerned over the candidates for coroner, 
 sheriff, attorney-general, or secretary of state. The sec- 
 ond weakness is the sheer inability of the ordinary voter, 
 who is busy with his own affairs, to discriminate wisely 
 between candidates for each of thirty or forty offices. 
 
 "Every voter who entered an election booth in 
 Cleveland at the last state election was handed a 
 ballot with 210 names upon it, five tickets with 
 42 names each, and his duty was to vote for 42 
 men. How many of these 210 men did any voter, 
 not a professional politician, know so that he could 
 intelligently compare the rival candidates and 
 
NOMINATION AND ELECTION OF OFFICIALS 207 
 
 choose between them? Surely not more than 10 
 of the men or enough to fill five of the offices. How 
 then did he select the other 37 candidates for 
 whom he voted ? Obviously, he did not select them 
 at all. He was obliged by the necessity which 
 confronted him to choose not between candidates, 
 but between political parties, and he accordingly 
 placed his cross under the eagle or the rooster and 
 blindly, ignorantly voted for the 37 men of whom 
 he knew absolutely nothing." x 
 
 The situation in Cleveland is typical of the situation 
 all over the United States. Voters are overwhelmed 
 and discouraged by the enormous burden of keeping 
 track of innumerable candidates and their qualifica- 
 tions. 
 
 There are two distinct methods which may be used 
 to shorten ballots and remove the weaknesses in the 
 present system. In the first place, elections may be 
 held more frequently and the number of candidates to 
 be voted for at each election can thus be reduced. This 
 principle has been put in practice very widely by sep- 
 arating municipal from state and national elections as 
 in the case of New York City, where city elections are 
 held in odd years and state and national elections (with 
 the exception of elections for assembly) in the even 
 years ; and in separating state from national elections, 
 as in New Jersey, where the governor is chosen once 
 every three years. It would seem, however, that the 
 relief offered to the voter by this plan of frequent elec- 
 tions is more apparent than real. The first weakness 
 already pointed out, that the average citizen cannot take 
 a deep interest in candidates of minor importance — 
 
 1 The Necessity of the Short Ballot in Ohio, p. 11. Issued by 
 the Municipal Association, Cleveland. 
 
208 THE PROGRESSIVE MOVEMENT 
 
 as, for example, candidates for dairy commissioner and 
 sheriff — still remains. A voter has ordinarily only a 
 certain amount of time which he is willing to give to 
 politics and he usually saves his interest for the im- 
 portant elections and the prominent candidates. By 
 comparison with presidential elections, other elections 
 are known as "off years/' and the voting everywhere is 
 comparatively light. 
 
 Eeal reform, therefore, would seem to depend upon 
 the second method commonly proposed; i. e., a reduc- 
 tion in the number of offices to be filled and conse- 
 quently of the number of candidates to be chosen. Such 
 a plan involves more than a mere cutting down of the 
 size of the ballot; it means a fundamental change in 
 the theory of government. In the minds of many, more 
 democracy means the election of more officials by the 
 people. In the minds of those who support the short 
 ballot principles, more democracy means the election 
 of fewer officials ; or perhaps, to put it more exactly, the 
 election of fewer officials means more democracy, pro- 
 vided those few officials can be effectively controlled. 
 
 In drawing the line between the officials that should 
 be elected by the people and those that should be ap- 
 pointed, the character of the office to be filled should be 
 the deciding factor. If the office is one that has a great 
 deal to do with determining the policy of government, 
 as that of the governor or senator, the incumbent should 
 be elected directly by the people. If, on the other hand, 
 the office is chiefly administrative, better equipped men 
 can usually be obtained by appointment. ISTo one would 
 seriously advise that the members of the Interstate 
 Commerce Commission, for example, be elected by the 
 people; and yet many state officials whose duties are 
 almost as lar^elv administrative as those of the mem- 
 bers of the Commission are now elected in that way. 
 
NOMINATION AND ELECTION OF OFFICIALS 209 
 
 In many of the states, moreover, the members of the 
 governor's cabinet, the secretary of state, state treas- 
 urer, attorney-general, and others, whose duties are not 
 only largely administrative, but are so closely connected 
 with those of the governor that any lack of harmony is 
 almost certain to result in inefficiency, are elected and 
 not appointed. If the character of the office were used 
 as a test in the case of all state officers, probably only 
 the governor, lieutenant-governor, state senators and 
 members of the assembly would be chosen directly by 
 the people. 
 
 The advantages of the application of the short ballot 
 principles to the state government are obvious. In the 
 first place, each voter could easily take an intelligent 
 part in selecting candidates. Instead of voting blindly 
 for a number of men, without having any knowledge 
 of their ability or of the duties of the offices which they 
 are to fill, the voter could concentrate his attention on 
 the character of the men who were running for the im- 
 portant offices and leave to them the task of filling the 
 others. In the second place, where the governor has 
 full power of appointment, the responsibility for ineffi- 
 ciency in any department is readily fixed. The blame 
 is cast, and fitly so, on the man who appoints. Under 
 the present scheme, if anything goes wrong in the office 
 of the secretary of state, the governor can deny all re- 
 sponsibility because he did not select the man for the 
 office. Finally, better men will be chosen for both the 
 elective and the appointive offices under the short bal- 
 lot plan. Capable men seek responsibility and are there- 
 fore more apt to run for office when the entire burden 
 of the administration falls upon them than when it is 
 shared with five or six others. In the case of the ap- 
 pointive offices, frequently the qualities that are most 
 needed for an administrative position are least effective 
 
210 THE PROGRESSIVE MOVEMENT 
 
 in winning popular support. A man may make an ex- 
 cellent secretary of state and yet be unable to poll a 
 thousand popular votes. Since it is to the direct in- 
 terest of a governor to have in his cabinet the most 
 capable men. it is reasonable to expect that he Trill 
 choose men better qualified for the subordinate state 
 positions than could be elected by the people themselves. 
 
 A second reform in connection with the ballot which 
 the progressive movement in the state purposes to make 
 to give the people greater control over elections is the 
 substitution of the so-called Massachusetts ballot for 
 the present one. "Under the Massachusetts system, the 
 names of the candidates are arranged alphabetically 
 under the titles of the different omces with the party 
 designations after each name: and. instead of being able 
 to vote for a candidate for each office by making a sin- 
 gle mark under the party emblem, the voter must make 
 his mark in the square alongside of each candidate for 
 whom he votes. The chief merit of the Massachusetts 
 ballot is that it compels the voter to think of a candi- 
 date in temis of the office rather than in terms of the 
 party. It is notorious that under the present system 
 hundreds of voters are guided in marking their ballots 
 solely by the party emblem and that this tendency is 
 taken advantage of to the full by political machines. 
 "With the number of candidates to be chosen at any one 
 election reduced to three or four, and the names of those 
 three or four grouped under the respective offices for 
 which they were running, even voters of moderate in- 
 telligence would be able, and those of average interest 
 would be willing", to discriminate carefully among 
 them. 
 
 For the sake of completeness, a word may be said in 
 concluding this chapter with reference to an adequate 
 registration svsteni. Without such a svstem to make 
 
NOMINATION AND ELECTION OF OFFICIALS 211 
 
 sure that each qualified voter votes only once, and that 
 no voter not qualified votes at all, the other devices men- 
 tioned in this chapter are apt to be of little effect. An 
 adequate registration system requires two things : first, 
 an effective test of a man's right to vote ; and, secondly, 
 an efficient method of applying the test. One of the 
 elements of such a test, of course, should be full in- 
 formation concerning every elector in each district. 
 This information to be of greatest value should be 
 gathered not a month or two before election, but should 
 be kept permanently on hand easily available for any 
 who desire access to it. In Oregon, for example, every 
 elector is required to register once every two years be- 
 tween the first Monday in January and the fifteenth of 
 May, and the registration books, except for a period of 
 fourteen days about two months before election, are 
 always open to the public. Another element of the test 
 should be a careful comparison of the signature made 
 at the time of registration and that made on election 
 day. With full information on hand a sufficiently long 
 time before the election, the chief problem becomes one 
 of enforcing the test. In this task, the police are of the 
 utmost importance. Because they do not do their work 
 effectively, it has been the practice for independent civic 
 organizations, such as the Honest Ballot Association in 
 New York City, to send men to the polls on election day 
 in an effort to prevent election frauds. Although the 
 work of these organizations has, in many instances, 
 been most effective, it is apt to be spasmodic and de- 
 pendent upon the enthusiasm of the members ; and, be- 
 yond all that, it is wrong in principle to entrust the 
 suppression of frauds that vitally affect the general 
 public to such volunteer bodies. The police should be 
 commissioned to inspect cheap lodging houses for tran- 
 sient guests, to verify addresses given by voters in reg- 
 
212 THE PEOGEESSIVE MOVEMENT 
 
 istering ; and on election day should be kept inside the 
 polling places to challenge suspicious-looking voters and 
 compare their statements with those made in the regis- 
 tration books. 
 
 The measures discussed in this chapter, with the ex- 
 ception of woman suffrage, have had to do with im- 
 proving the machinery of nominating and electing can- 
 didates to office. A state with a system of direct pri- 
 maries, a thorough-going corrupt practices act, the 
 short ballot, the Massachusetts ballot and an adequate 
 registration system is reasonably certain of electing to 
 office men who represent the majority of the people at 
 the time they are elected. To retain control over repre- 
 sentatives after they have been elected and to guard 
 against the ill effects of misrepresentation, the progres- 
 sive movement proposes another set of measures, com- 
 monly grouped under the heading direct legislation, 
 which will form the subject of discussion in the next 
 chapter. 
 
CHAPTER XI 
 
 MEASURES OF POST-ELECTION CONTROL .* THE INITIATIVE, 
 REFERENDUM AND RECALL 
 
 In addition to the measures already discussed which 
 are intended to give to the people greater control over 
 the nomination and election of officials, the progressive 
 movement in the state proposes another set of measures, 
 the object of which is to enable the people to continue 
 their control after officials have been elected. For a 
 long time reformers believed that to remove graft, cor- 
 ruption, and special influence from government, it was 
 only necessary to insure the election of honest candi- 
 dates ; that men, honest when elected, were likely to re- 
 main honest, and even if they did not, adequate punish- 
 ment could be meted out by refusing them renomination 
 and reelection. The practical effect of this theory has 
 been that such reforms as direct primaries and corrupt 
 practices acts have been given great emphasis as aids 
 in electing good men; and that the terms of office of 
 different officials have been made short and elections 
 frequent, so that a faithless or incompetent official 
 might be removed before he could do much damage. 
 In short, there has been an interim between one election 
 and the next during which the people have felt that 
 officials and government could not be controlled save 
 perhaps through the rather indefinite action of public 
 opinion. 
 
 While the people have been willing to admit their in- 
 
 213 
 
214 THE PROGRESSIVE MOVEMENT 
 
 ability to control government between elections, the 
 agents of special interests have been quick to seize this 
 as a most favorable time for gaining their own ends. 
 They have organized elaborate lobbies and conducted 
 systematic campaigns to win legislators to their support. 
 Because the public generally is not sufficiently inter- 
 ested to follow the details of legislative procedure — and, 
 even if they were, would not, because of its intricacies, 
 be able to do so — legislators can pretend to serve the 
 people while secretly they carry out the behests of poli- 
 ticians and special interests. And, even if it comes to 
 the point where the young legislator is forced by pub- 
 lic opinion to choose one of two masters, the induce- 
 ments that are held out by corporations and other in- 
 terests are often much more alluring than the uncer- 
 tain prospect of renomination and reelection for a one 
 or two-year term at a very meager salary. It is, there- 
 fore, not uncommon for ambitious young men to "sell 
 out" to those who can help them to advance; and this is 
 especially easy and not clearly reprehensible in many 
 cases because the bribe offered is not money, but pre- 
 ferment, and the question on which the legislator's 
 vote is sought is, as it is so well put, one on which men 
 may honestly differ. By bribery, open or secret, by 
 lobbies, by organizing committees, by sharp parlia- 
 mentary practice, special influence has been able to do 
 what the people confessedly could not do, namely, con- 
 trol government from election to election. 
 
 To counteract this tendency and give to the people a 
 direct and adequate control over all branches of gov- 
 ernment between elections, the progressive movement 
 advocates the initiative, the referendum, and the recall. 
 The initiative gives to the people the power to pass any 
 law independently of the legislature; the referendum 
 allows the people to veto any law passed by the legisla- 
 
THE INITIATIVE, REFERENDUM AND RECALL 215 
 
 ture which the people believe is inimical to their best 
 interests; while the recall makes it possible to remove 
 from office representatives who are manifestly unfit to 
 serve their constituencies. These three measures have 
 been more widely discussed, more bitterly condemned, 
 and more loyally praised than almost any other meas- 
 ures connected with the whole progressive movement; 
 and the attention which they have attracted has been 
 largely due to the fact that they have been greatly mis- 
 understood. To some it has seemed that the purpose 
 of direct legislation is to substitute a pure democracy 
 for representative government; and to others it has 
 seemed like undue interference by the people with the 
 officials elected by them to exercise the functions of gov- 
 ernment. In reality it is neither. All three measures 
 are based on the principle that in a democracy the con- 
 trol of the people over government should be continuous 
 and direct ; and to extend the power of the people over 
 legislation after election is essentially similar to ex- 
 tending it to primaries before election. At every point 
 in government the people should be able to oppose to 
 special influence and corruption an effective means of 
 control. 
 
 The initiative is a governmental device by means of 
 which a certain number of voters may by petition pro- 
 pose a law or a constitutional amendment and require 
 that it be submitted at an election for ratification or 
 rejection by the voters themselves. 
 
 Two different uses to which the initiative may be 
 put need to be carefully distinguished. In the first 
 place, the initiative may be used to propose and ratify 
 amendments to the constitution. In the second place, 
 it may be used to propose and ratify ordinary statutes. 
 Of these two uses, the first, although it ordinarily re- 
 ceives less attention, is by far the more important. In 
 
216 THE PKOGBESSIYE MOVEMENT 
 
 most states today, the people have deprived themselves 
 of practically all means of amending the state constitu- 
 tions save through appeal to the members of the legis- 
 lature ; and, since many of the most urgent reforms are 
 those that curtail the powers of the legislatures, it is 
 hopeless to expect them to advocate constitutional 
 amendments with any enthusiasm. Without the ability 
 to amend the state constitutions easily, therefore, the 
 initiative, the referendum, the recall, and other meas- 
 ures on the progressive program become impracticable, 
 because to put them into effect constitutional amend- 
 ments are necessary. 
 
 A first consideration in discussing the initiative is the 
 number of people who may be permitted to call an elec- 
 tion. Two methods are at present in use. In the one 
 case, a fixed number of persons are required to sign the 
 initiative petition. Thus the ITaine law, for example, 
 requires the signatures of not less than 12,000 electors. 1 
 This method is analogous to that which is widely used 
 in co mm ission-governed cities in connection with the 
 nomination of candidates by petitions where the law 
 requires a specific number of signatures in order to 
 place a candidate's name on the ballot. The second 
 basis of determining the number of voters necessary to 
 call an election is the percentage basis. In Oregon the 
 percentage is based upon the number of votes cast for 
 justice of the supreme court at the last preceding elec- 
 tion; in Ohio it is based upon the "total number of 
 votes cast for the office of governor at the last preced- 
 ing election;" 2 in Oklahoma, "the ratio and per centum 
 of legal voters . . . shall be based upon the total num- 
 ber of votes cast at the last general election for the state 
 
 1 Laws of Elaine, 1909, p. 1457, Sec. 18. 
 2 Ohio Constitution, Art. II, Sec. lg. 
 
THE INITIATIVE, REFERENDUM AND RECALL 217 
 
 office receiving the highest number of votes. . . ." 1 In 
 some states, to make certain that the demand for the 
 law is widespread, it is provided not only that a stated 
 percentage of the voters sign the petition, but that the 
 signers be distributed through a reasonably large num- 
 ber of counties. Whatever the basis upon which the 
 number of voters necessary to call an election is deter- 
 mined, the important thing is to make the require- 
 ments fair. The opponents of the initiative favor 
 either an excessively high or an excessively low 
 percentage, because in either case the best results 
 cannot be obtained. If the percentage is too low, 
 disgruntled elements of the population are encour- 
 aged to call frequent elections. If, on the other hand, 
 the percentage is too high, the initiative becomes almost 
 useless because it requires almost complete unanimity 
 of opinion to start it in motion. Experience shows that 
 from five to ten per cent, is a fair percentage — one that 
 gives a reasonably large demand for a law a chance to 
 express itself, and one which at the same time is high 
 enough to prevent the calling of too frequent elections 
 on unimportant questions. 
 
 In some cases, the percentage of voters required to 
 sign petitions varies for different purposes. Thus a 
 petition signed by a fairly low percentage, as three per 
 cent., is made to serve as a kind of advisory initiative; 
 that is, the legislature upon the receipt of the proposed 
 law accompanied by the petition is required to give it 
 full consideration and discussion, but is not compelled 
 to pass it, nor is the secretary of state required to call 
 an election at which the measure may be submitted to 
 popular vote. A petition signed by a larger percentage, 
 however, as, for example, six per cent., would be deemed 
 
 1 Oklahoma Constitution, Art. V, Sec. 2. 
 
218 THE PROGRESSIVE MOVEMENT 
 
 mandatory and an election would have to be called. 1 
 Another use to which the varying size of the percentage 
 of signatures is put is in determining how soon the 
 election is to be held. If only five or eight per cent, of 
 the voters sign, the rule in some instances is that the 
 initiative election is to be put off until a regular elec- 
 tion. If, on the other hand, the percentage of signa- 
 tures is ten or fifteen, it is taken as an indication of 
 urgency, and a special election must be called within a 
 short period. In some instances, too, a larger percent- 
 age of signatures is required to propose a constitu- 
 tional amendment than is required for an ordinary law. 
 Thus the Oklahoma constitution 2 permits eight per 
 cent, of the legal voters to propose any legislative meas- 
 ure, but requires fifteen per cent, to propose amend- 
 ments to the constitution. Inasmuch as it is most im- 
 portant that the people have an easy method of amend- 
 ing the constitution, and inasmuch as no great harm can 
 come from the mere consideration of amendments, it 
 seems somewhat anomalous to require a much higher 
 percentage to initiate constitutional amendments than 
 is required for ordinary laws. If the initiation of 
 amendments were made easy and a fairly large vote re- 
 quired to pass them, it would seem much more reason- 
 able. 
 
 The second step in an initiative election is the filing 
 of the proposed measure accompanied by the petitions 
 with a designated state official, usually the secretary 
 of state. The secretary of state is required to examine 
 the petitions to see whether they are sufficient : and, if 
 they are. to issue the call for an election. In some of 
 the states this early method of filing petitions with the 
 secretary of state and requiring him automatically to 
 
 1 See Ohio provision, Ohio Constitution, Art. II, Sec. lb. 
 a Art. V, Sec. 2. 
 
THE INITIATIVE, REFERENDUM AND RECALL 219 
 
 call an election if the petitions were found sufficient 
 has been changed by the later initiative laws. Under 
 these laws, the measures proposed are sent to the state 
 legislature and the state legislature is allowed to take 
 any one of three courses: pass the measure as pro- 
 posed; submit it to the people; or, finally, draft an 
 alternative measure and submit that together with the 
 initiative measure to the people at the initiative or 
 other election. Thus, the Maine law provides that "any 
 measure thus proposed by not less than 12,000 electors, 
 unless enacted without change by the legislature at the 
 session at which it is presented, shall be submitted to 
 the electors, together with any amended form, substi- 
 tute, or recommendation of the legislature and in such 
 manner that the people can choose between the com- 
 peting measures or reject both." 1 This latter method, 
 because it gives more opportunity for discussion and 
 because it assumes cooperation with, rather than an- 
 tagonism against, the state legislature, is unquestion- 
 ably better than the other method of submitting un- 
 changed the original measure proposed. If the legisla- 
 ture is favorably disposed to a measure, the people re- 
 ceive the benefit of many helpful suggestions and 
 amendments; if the legislature is opposed, the people 
 still have the opportunity to adopt the measure in its 
 first form. 
 
 After the petitions have been signed and filed either 
 with the secretary of state or with the state legislature, 
 the next step is to submit the measures proposed to a 
 vote of the people. The first question that arises in 
 this connection is, how long a time should elapse be- 
 tween the certification by the secretary of state or other 
 official that the petitions are sufficient and the election ? 
 
 1 Maine Laws of 1909, p. 1457, Sec. 18; see also Ohio Const., 
 Art. II, Sec. lb. 
 
220 THE PROGRESSIVE MOVEMENT 
 
 In answering that question, two dangers must be kept in 
 mind : first, that the time may be so long that interest 
 in the measure may die; and, secondly, that the time 
 may be so short that mere temporary excitement may 
 be sufficient to put a measure through. Enough time 
 should be allowed for fullest publicity and discussion, 
 and between two and six months would seem to be 
 enough for that purpose. It is important not only that 
 time should be allowed for discussion, but also that 
 every voter should understand thoroughly the measure 
 to be voted on. To make this possible some states cause 
 to be mailed to every registered voter a copy of the pro- 
 posed laws together with any arguments for or against 
 them that may have been offered, and also a sample 
 copy of the ballot, containing the text of the measures 
 to be submitted. 
 
 Finally, there remains to be considered the election 
 itself. Where only one measure or one set of measures 
 is submitted, the voter is merely required to vote "yes" 
 or "no" on each measure. Where the legislature has 
 the opportunity to submit alternative measures, the 
 voter is required to indicate which of the two measures 
 he prefers. In connection with the number of votes 
 necessary to carry a measure, the question sometimes 
 arises as to whether the number should be a majority 
 of all the voters registered or voting at a preceding elec- 
 tion, or merely a majority of those voting at the initia- 
 tive election. Ordinarily, the latter basis is adopted. 
 The question becomes one of great practical importance, 
 especially where the initiative election is a special elec- 
 tion and only those immediately interested, perhaps 
 not more than fifteen or twenty per cent, of the voters, 
 take part. In such cases a very small minority would 
 be sufficient to obtain the passage of the law. To guard 
 against this situation, it is sometimes provided that a 
 
THE INITIATIVE, REFERENDUM AND RECALL 221 
 
 majority vote is sufficient to carry a measure, provided 
 the total vote equals a certain percentage of the vote 
 cast for some state official, as the governor. Once 
 passed by the electors, measures proposed by the initia- 
 tive become law without further steps. It is not neces- 
 sary, as in the case of other laws, to present the meas- 
 ures to the governor for his approval or veto. 
 
 The advantages which the initiative confers in the 
 way of increasing the control of the people over govern- 
 ment are chiefly three. In the first place, where the 
 initiative is in force, the people are not entirely depend- 
 ent upon the state legislatures. In many states, no broad, 
 fundamental policy which requires a constitutional 
 amendment, can be adopted, even though it is favored 
 by a large majority of the voters, because every thing- 
 must begin with the legislature and the legislature 
 refuses to take the first step. The initiative on consti- 
 tutional amendments gives to the people a power that is 
 most elementary in a democracy; i. e., the power to fix 
 the fundamental law of the state. That the power of 
 initiation in this direction has been so completely taken 
 away from the people and so completely placed in the 
 hands of a few temporary officials is one of the wonders 
 and anomalies of our government. Much less impor- 
 tant, but nevertheless of the greatest value, is the right 
 of the people to propose specific laws other than amend- 
 ments. The hands of all the people should not be 
 bound so far as legislation is concerned, because they 
 have selected a few men to enact laws. State legisla- 
 tures should make the great bulk of the laws and al- 
 ways will make them, whether the initiative is adopted 
 or not ; but machine politicians and special interests 
 should not, by winning over a few hundred legislators, 
 and inducing them to do nothing, thwart the wishes of 
 millions to obtain some pressing reform through legisla- 
 
222 THE PROGRESSIVE MOVEMENT 
 
 tion. The initiative, first of all, recognizes the right of 
 a majority of the people to change any law, constitu- 
 tional or statutory, whenever they so desire and whether 
 the legislature is willing or not. 
 
 In the second place, the initiative gives to fairly large 
 minorities the opportunity of forcing their demands 
 upon the attention of the state. At present, the single 
 reformer or group of reformers, even if they are elected 
 to the state legislatures, are like voices crying in the 
 wilderness. Without the consent of the majority in 
 control they cannot even introduce their bill and obtain 
 a hearing. Outside the legislature their position is 
 even worse. The opportunity to bring measures before 
 the people for discussion and vote, which at present is 
 lacking, is supplied by the initiative in permitting a 
 small group of voters interested in the adoption of a 
 particular measure at least to call an election and force 
 the people to ratify or reject it. Many measures, more- 
 over, which are supported by small groups of progres- 
 sives are taken up by the legislature, but are passed 
 in a form entirely different from that in which they 
 were first proposed, and are injurious rather than bene- 
 ficial. Weak, anemic direct primary, corrupt practices, 
 and workinginen's compensation acts are passed by a 
 legislature that aims to serve God and Mammon by giv- 
 ing to the people a law which they want, and at the same 
 time so modifying and qualifying it as to make it practi- 
 cally ineffective. Under the initiative a measure is 
 among friends ; and if it is not accepted by the people at 
 the polls it is because they do not approve of its princi- 
 ple and not because it is defectively drawn; while if 
 they do approve the law, it is more likely to be effective 
 in meeting the situation for which it was intended. 
 
 A third advantage of the initiative is that it encour- 
 ages the individual to take a more active interest in 
 
THE INITIATIVE, REFERENDUM AND RECALL 223 
 
 legislation. Under the initiative every citizen becomes 
 a member of a kind of state legislature with all the du- 
 ties and privileges that legislators have. He may him- 
 self draft a law and, if he can find a sufficient number 
 of persons interested in its enactment, bring it before 
 the entire body of citizens for a vote. He is a com- 
 mitteeman on occasion because he may be called upon 
 by a group of voters interested in a particular measure 
 to investigate the subject and make recommendations. 
 He has an opportunity to study and discuss all bills 
 presented by members of the larger legislature of which 
 he is a member because he is supplied just as the mem- 
 bers of the ordinary legislature are with copies of each 
 bill and of the arguments for and against its support. 
 And, finally, he has the right to cast his vote on each 
 measure which is proposed. The stimulus which this 
 opportunity to participate directly in the solution of 
 practical political problems gives toward the study of 
 government in general can scarcely be overestimated. 
 
 The principal disadvantages that are usually charged 
 against the initiative by its opponents are : first, that 
 special interests, far from being removed from power, 
 will become more firmly intrenched; secondly, that 
 only a few people will take sufficient interest in meas- 
 ures proposed to take part in elections; thirdly, that 
 unscientific, inconsistent, and ridiculous laws will be 
 placed upon the statute books; fourthly, that it will 
 entail the expense and annoyance of frequent elections ; 
 and, finally, that it will weaken the influence of the 
 state legislature and therefore tend to discourage good 
 men from running for office. 
 
 The claim that the initiative will really strengthen 
 special influence in politics is based upon the assump- 
 tion that political machines can more readily set in 
 motion initiative elections than the ordinary group of 
 
224 THE PBOGEESSIVE MOVEMENT 
 
 reformers can; and that this ability will be used by 
 them to introduce and pass measures favoring their own 
 interests. It is undoubtedly true that under any initia- 
 tive system politicians find no trouble in obtaining the 
 signatures necessary to call an election; and, although 
 the percentage of signatures required should be high 
 enough to prevent the elections from becoming a nui- 
 sance, there is no reason why any body of men should 
 not propose any measure good or bad for public con- 
 sideration. But, while it may be admitted that the po- 
 litical machine encounters little difficulty in calling an 
 election, it is certain that it encounters a great deal in 
 attempting to carry one. Public opinion, if given suffi- 
 cient time and information, can ordinarily be trusted 
 to expose a bad measure ; and with every voter supplied 
 with a copy of the law, and thirty or sixty days in which 
 to discuss it, it would be a heavy indictment against 
 democracy if most corrupt measures were not detected 
 and voted down. Practical experience with the initia- 
 tive, moreover, shows that confidence in the ability of 
 the people to discriminate between measures is not mis- 
 placed. Eaton, in his book, The Oregon System, 
 gives an account of the "first trick bill tried on the 
 Oregon electorate.'' The bill proposed to remove the 
 toll on certain of the state roads. "Innocent enough 
 looking it was, to be sure, and inviting the support of 
 all citizens who were sorry for those who had to pay the 
 toll. . . . But somebody discovered that if the bill 
 passed, the state of Oregon would be bound to purchase 
 the road for $24,000 and keep it up afterward. Graft 
 was suggested, and . . . the people voted down the in- 
 nocent looking bill by a majority of 13,000 . . ." * 
 Practical experience, too, furnishes a reasonable 
 
 1 Eaton, The Oregon System, pp. 27-28. Also Montague, The 
 Oregon System at Work, National Municipal Review, April, 1914. 
 
THE INITIATIVE, REFERENDUM AND RECALL 225 
 
 amount of evidence to disprove the contention that only 
 a few voters are sufficiently interested in the measures 
 proposed to take part in the initiative elections. In- 
 formation has been collected with regard to the sixty- 
 four measures passed in the State of Oregon under the 
 initiative and referendum from 1904 to 1910. 1 The 
 highest percentage of voters to express an opinion on 
 any of these sixty-four measures was 91, 2 on the ques- 
 tion of prohibiting the sale of liquor; and the lowest 
 percentage was 62, on the question of authorizing col- 
 lection of state and county taxes on separate classes of 
 property. It need hardly be pointed out that the differ- 
 ence of interest that is normally taken in these two 
 topics is ample explanation of the disparity in the per- 
 centages. The average per cent, of the total vote cast 
 in connection with all sixty-four measures was about 
 74. 
 
 But, urge those who oppose the initiative, suppose 
 the voters do take a most active interest in preparing 
 and voting upon laws, the inevitable result will be the 
 addition of unscientific, inconsistent, and ridiculous 
 laws to the statute books. In urging this argument, men 
 fail to keep in mind the fact that it would be extremely 
 difficult to pass worse bills by a popular vote than are 
 turned out every year by the legislature in practically 
 every state. The average member of a state legislature 
 to-day is below rather than above the average citizen 
 of the middle class in intellect and general ability. 
 The laws which these legislators turn out when they 
 have plenty of time for deliberation and are actuated by 
 the most honest motives are not models in law-making; 
 while those passed hastily and corruptly are almost un- 
 intelligible. As to the statement that the people are in- 
 
 1 Ibid., pp. 18-24. 
 
 2 Ninety-one per cent, of the total votes cast at that election. 
 
226 THE PROGRESSIVE MOVEMENT 
 
 consistent in their legislation, the danger is more ap- 
 parent than real. A favorite instance of inconsistent 
 legislation under the initiative is frequently cited in 
 connection with laws proposed in Oregon to regulate the 
 salmon industry in that state. ''Two laws prohibiting 
 fishing for salmon, etc.. were both passed: one was 
 known as the k T7p Eiver Bill/ the other as the "Down 
 River Bill." The effect of the passage of both laws was 
 to prohibit the taking of salmon at all, although such 
 was not the intention of the proposers. Each only 
 wanted to restrain its rivals. TThile on its face it would 
 indicate that the vote cast is evidence of the confusion 
 that may result from the use of the initiative ; yet. if 
 the subject were understood as we understand it here, 
 the result is not surprising." 1 In explaining this 
 seeming inconsistency, the Oregon Conservation Com- 
 mission said : 
 
 " There is some antagonism among the operators 
 of any kind of gear against any other. Between 
 the gill-netters of the lower and the wheelmen of 
 the upper river, this rises to open hostility. Op- 
 posing delegations have met before the legislature 
 for many years and each party has succeeded in 
 blocking legislation proposed by the other. At 
 last election . . . each party had its bill, proposed 
 under the initiative, each legislating the other's 
 method of destruction and preserving its own. The 
 electors, in an excess of disgust, tinged with sar- 
 donic humor, passed both bills by different but 
 decisive majorities . . ." 2 
 
 Although it is doubtless true, therefore, that there is 
 and will continue to be much unscientific, inconsistent, 
 
 1 Munro, The Initiative, Referendum, and 'Recall, pp. 226 et seq. 
 9 Ibid., p. 227. 
 
227 
 
 and perhaps ridiculous legislation passed under the 
 initiative, the amount is not nearly so great as the op- 
 ponents of the initiative would have us believe, nor is 
 the character or amount of such legislation likely to be 
 much worse than it frequently is at present. 
 
 The ground for the fourth objection commonly raised 
 against the initiative ; i. e., that it is apt to entail great 
 expense and annoyance because of the frequency with 
 which elections are called, can easily be removed. In 
 the first place, if experience shows that elections are 
 too easily called when a certain percentage is required, 
 the percentage can be raised to a point where only those 
 measures that are seriously advocated will be proposed. 
 In the second place, wherever possible and when the 
 urgency of the question does not require otherwise, the 
 measures proposed by the initiative can be passed upon 
 by the people at regular elections. And, finally, if 
 these two devices prove inadequate, the frequency of 
 elections can be definitely limited by statute. This last 
 means is most useful in preventing a small body of 
 enthusiasts from bringing up again and again some 
 measure in which they alone are interested. To pre- 
 vent this, a provision may be inserted in the law, simi- 
 lar to that found in most general statutes that allow 
 cities to adopt the commission form of government, that 
 the same measure may not be brought before the people 
 more than once within a given period. 
 
 A final objection to the initiative is that it weakens 
 the authority of the legislature and therefore tends to 
 discourage the best men from running for office. This 
 objection would have more point if the best men were 
 running for and being elected to the state legislatures 
 under the present system ; but, as it is, the character of 
 most of our state legislatures is conspicuously low. 
 One of the chief reasons, moreover, why good men are 
 
228 THE PROGRESSIVE MOVEMENT 
 
 reluctant to rim now is because they feel that state 
 legislatures are controlled by politicians in behalf of 
 special interests and that a legislator, to succeed, must 
 become a mere puppet. To the extent that the initia- 
 tive breaks down the present secret control and makes 
 the legislature responsible to the voters rather than to 
 politicians, it makes it easier for better men to enter 
 politics and thus indirectly raises the tone of the state 
 legislatures. So far as the argument that the initiative 
 lowers the character of state legislatures depends upon 
 the assumption that most of the legislature's power is 
 transferred to the people is concerned, it is based upon a 
 total misconception of the entire process. The progres- 
 sive movement does not advocate the abolition of state 
 legislatures nor does it desire to see the people set them- 
 selves up as a rival law-making body. On the con- 
 trary, the progressive movement would prefer to have 
 the legislatures do all the lawmaking themselves and 
 believes that in any case there is a certain amount and 
 kind of legislation that cannot be effectively done any- 
 where but in the legislative halls. But it refuses to 
 close its eyes to a situation that actually exists and to 
 sanction the exploitation of government through a few 
 faithless representatives under the domination of spe- 
 cial interests. 
 
 The referendum, the second of the measures that 
 together make up what is known as direct legislation, 
 is a negative rather than a positive measure and is used 
 for a purpose directly opposite to that for which the 
 initiative is used. For while the initiative is invoked 
 to enable the people to pass a law which they want, but 
 which the legislature is unwilling to pass, the referen- 
 dum is invoked to keep the legislature from passing a 
 law which the legislature wants but which the people 
 are unwilling to have. The referendum, therefore, may 
 
THE INITIATIVE, REFERENDUM AND RECALL 229 
 
 be defined as a governmental device by means of which 
 a certain number of voters may by petition call an elec- 
 tion at which there are presented for ratification or re- 
 jection certain specified laws or resolutions passed by 
 the legislature. Like the initiative, the referendum is 
 used both in the case of ordinary legislation and in the 
 case of constitutional amendments. Strangely enough, 
 while there is violent objection to the initiation of 
 amendments by the people, the practice of submitting 
 amendments to them for their approval or rejection is 
 as old as the state governments themselves. In practi- 
 cally every state, while the legislature or a constitu- 
 tional convention has the right to propose amendments, 
 they do not go into effect until ratified by the people at 
 the polls. Because of this familiarity with the process 
 of the referendum on constitutional amendments, there 
 is less objection to it in connection with ordinary legis- 
 lation than there is to the newer process of the initia- 
 tive; and in the constitution of New Mexico, one of 
 the more recent and reactionary state constitutions, no 
 provision is made for the initiative at all, although the 
 referendum is adopted. There is, however, still ob- 
 jection to the referendum in some quarters among those 
 who fail to realize the inconsistency of giving the peo- 
 ple the right to pass upon the fundamental law of the 
 state and refusing to allow them to check wasteful and 
 corrupt legislation. 
 
 The operation of the referendum, like that of the 
 initiative, is very simple. In states that have adopted 
 it, no law passed by the legislature except emergency 
 laws affecting the life or health of citizens, goes into 
 effect until a certain number of days, thirty or sixty or 
 more as the case may be, have elapsed after its passage. 
 During this period, a certain number of voters or a cer- 
 tain percentage of those voting for a designated official 
 
230 THE PROGRESSIVE MOVEMENT 
 
 at the last preceding election may file a petition with the 
 secretary of state, specifying the law or laws passed by 
 the legislature to which objection is made and asking 
 that an election be held at which the voters generally 
 may ratify or reject the legislature's action. The secre- 
 tary of state is then required to call such an election 
 to be held within a given time after the petitions have 
 been filed: and between the filing of petitions and the 
 election he is. in some states, required to distribute to 
 the voters copies of the law or laws upon which the vote 
 is to be taken. 
 
 The details of the steps that are taken in connection 
 with referendum elections are, with one or two varia- 
 tions, practically the same as those taken in connection 
 with the initiative. The number of persons, as in the 
 case of the initiative, is specifically stated or is a cer- 
 tain percentage of those voting for a designated official 
 at the preceding election. Usually, however, the speci- 
 fied number, as well as the percentage, is higher in the 
 case of the initiative than in the case of the referen- 
 dum. Thus in the Elaine law only 10,000 signatures 
 are needed on a referendum petition, while initiative 
 petitions require 12,000 : and in Oregon, where the 
 percentage rule obtains. fLYe per cent, suffices for the 
 referendum, while the initiative needs eight. After the 
 petitions have been filed and verified, an election is 
 called to be held at a stated period after the call is is- 
 sued. This period is usually the same in both initiative 
 and referendum elections. If at the election a majority 
 of those voting, vote against the law. it does not go into 
 effect : if they approve, the law goes into effect a certain 
 number of days after the date of the approval. Host 
 statutes, moreover, provide that the veto power of the 
 governor shall not extend to measures referred to the 
 people. 
 
THE INITIATIVE, REFERENDUM AND RECALL 231 
 
 The advantages that can be claimed for the refer- 
 endum are chiefly those that flow from the power of 
 the people to check undesirable legislation. In many 
 cases, it is unnecessary to use this power at all, since 
 the mere fact that the people possess it and can use it 
 removes many of the causes for invoking it. With the 
 referendum in operation, men are not so much inclined 
 to seek public office because of the opportunities for 
 graft and corruption that are offered to them, since 
 their ability to grant privileges and favors is always 
 subject to popular control. Nor are the agents of 
 special interests willing to offer bribes and other in- 
 ducements so freely where there is no certainty that 
 the recipients will be able to deliver. Politicians lose 
 in prestige and authority because they can neither make 
 nor keep promises with assurance. Over acts of cor- 
 ruption the referendum stands as an effective veto. 
 The direct results of this are : first, to force out of the 
 legislatures the men whose only interest there is to feed 
 from the flesh pots of corruption; and, second, to en- 
 courage men to run for office who are actuated by ideals 
 of service. 
 
 If the prospect of the referendum does not succeed 
 in preventing corrupt legislation, the referendum itself 
 can be used to check vicious and wasteful laws after 
 they have passed the legislature. In addition to pre- 
 venting the adoption generally of all bad laws, the ref- 
 erendum is especially useful in controlling legislation 
 that appropriates public funds and that grants special 
 privileges, such as franchises and the right of eminent 
 domain. Legislators are willing and even eager to 
 give valuable rights and to make extravagant appro- 
 priations of the public's money for all kinds of pro- 
 jects, especially if they are properly persuaded by those 
 in whose interest the grants are made. Land grants, 
 
232 THE PEOGKESSITE MOVEMENT 
 
 franchises, water power, forest reserve, and mineral 
 land steals have been almost every-day occurrences in 
 state and nation. In most cases, these grants pass 
 through the legislatures unnoticed. Occasionally, it is 
 true, protest is made; but even then little can be done 
 to get at the real truth of the matter and settle it equita- 
 bly. The referendum gives to the people an opportunity 
 to scrutinize closely every grant of money, franchise, or 
 natural resources and to stop those that are clearly 
 unwarranted. 
 
 The principal objection raised against the referen- 
 dum is one that has already been fully considered in 
 connection with the initiative; i. e., that it would de- 
 prive the legislatures of so many of their important 
 duties and responsibilities that able men would be un- 
 willing to run. Here, again, the objection is based upon 
 two fundamentally wrong assumptions : first, that men 
 in office now are men of high ability and character; 
 and, second, that the referendum will be used in so many 
 cases that the people will become the real legislature. 
 As was pointed out in discussing this objection in con- 
 nection with the initiative, by purifying the political 
 atmosphere of our legislative halls, good men will be 
 encouraged rather than discouraged to seek them. As 
 to encroachment by the people upon the province of 
 the legislature, the people will probably use the refer- 
 endum only when it is necessary to protect their own 
 interests. If the legislators are living up to their re- 
 sponsibilities and are passing laws of the right kind, 
 there is little likelihood that the people will interfere. 
 It is only the legislators of low standards of duty and 
 service at which the measure is aimed. 
 
 In addition to the initiative and referendum, which 
 give to the voters control over legislation, the progres- 
 sive movement advocates a third measure, the recall, 
 
THE INITIATIVE, REFERENDUM AND RECALL 233 
 
 to give the same effective control over men. In a sense, 
 the recall is complementary to the initiative and refer- 
 endum in that it rounds out and completes popular con- 
 trol over all branches of state government. To many 
 states the added power given by the recall seems un- 
 necessary, the ability of the voters to regulate the acts 
 of public officials being considered sufficient without 
 removing the officials themselves. Consequently, while 
 the initiative and referendum have been adopted in 
 seventeen states, 1 the state-wide recall has been adopted 
 in eight 2 only. And in those few states, too, where the 
 recall has been adopted, it is used so seldom that prac- 
 tical experience seems to confirm the theory that with 
 an effective initiative and referendum law in operation 
 the necessity for removing officials is very slight. An 
 added reason why the recall is not so popular as the 
 other two measures is the fact that it is new and radical. 
 The referendum, with the principle of which practi- 
 cally all the states are familiar, finds an easy accept- 
 ance; and several states have a referendum provision 
 that have neither the initiative nor the recall. The ini- 
 tiative comes second in popularity because it is some- 
 what akin to the referendum in principle; while the 
 recall, which seems without precedent, is accepted with 
 the greatest reluctance. 
 
 The fundamental theory of the recall, far from being 
 either revolutionary or strange, is quite simple and fa- 
 miliar. It is not essentially a process of summarily 
 discharging officials from office, although of course it 
 does accomplish that result. It is rather a method by 
 
 1 Arizona, Arkansas, California, Colorado, Idaho, Maine, Massa- 
 chusetts (referendum only), Michigan, Missouri, Montana, Ne- 
 braska, Nevada, New Mexico (referendum only), Ohio, Oklahoma, 
 Oregon, South Dakota, Utah, and Washington. 
 
 8 Arizona, California, Colorado, Idaho, Michigan, Nevada, Ore- 
 gon, and Washington. 
 
234 THE PROGEESSIVE MOVEMENT 
 
 which the people may call elections before the stated 
 time and thus regulate the term of office of officials. 
 Instead of definitely fixing an office-holder's term at two 
 years or four years, the voters reserve the right to 
 bring it to a close at any time. An official, therefore, 
 who goes out of office at a recall election is no more 
 open to the charge of dishonesty or inefficiency nor sub- 
 ject to disgrace than officials who go out of office at the 
 expiration of stated terms. The recall system here is 
 comparable to the system of electing members to the 
 English Parliament. The stated term is seven years; 
 but, if public opinion is manifestly opposed to the pol- 
 icy and methods of those in office, an election is called 
 before the end of seven years to determine whether the 
 members are to continue or give place to others. Simi- 
 larly, in the Boston city charter there is a provision 
 which illustrates the essential purpose of the recall. 
 The mayor of Boston is elected for a term of four years ; 
 but every second year at a general state and national 
 election the voters are asked whether a special mu- 
 nicipal election shall be held in that year. If a major- 
 ity vote in favor of holding the election, the mayor's 
 term is thereby shortened from four to two years and he 
 must stand for reelection or retire. The popular con- 
 ception of the recall, therefore, as a means of dismiss- 
 ing men from office and the assumption that it is radi- 
 cally different from the present method of election are 
 incorrect and misleading. 
 
 The real nature of the recall is seen in its methods 
 of operation, which are in many respects similar to 
 those of the initiative and referendum. If a certain 
 percentage of the voters by petition request a special 
 recall election, such an election is called by the secre- 
 tary of state or other official with whom the petitions 
 are filed. Usually the percentage required to initiate 
 
THE INITIATIVE, REFERENDUM AND RECALL 235 
 
 such an election is much higher than in the case of the 
 initiative and referendum: in most states it is twenty- 
 five per cent, of those voting at the last regular election 
 for governor or other state officer, while in Illinois, in 
 commission cities, it is fifty-five per cent. Between the 
 filing of petitions and the election, pamphlets are cir- 
 culated, in which are contained arguments for and 
 against the officeholder against whom the recall is di- 
 rected. At the election, the voters do not vote on the 
 question of discharging the present incumbent from 
 office, but vote precisely as they would at an ordinary 
 election. The officeholder, unless he expressly declines, 
 is made a candidate to succeed himself, the names of 
 other candidates appear on the ballots as in any other 
 election, and the candidate receiving the largest number 
 of votes is declared elected. 
 
 There are in operation at present what may be re- 
 garded as five different kinds of recall: the recall of 
 judicial decisions that declare a law unconstitutional; 
 the recall of judges; the recall of appointive officials; 
 the recall of elective officials ; and, finally, the advisory 
 recall of federal judges and United States senators. The 
 recall of judicial decisions, which takes its name from 
 the recall of judges and which was proposed by Ex-Pres- 
 ident Eoosevelt as a kind of substitute for the more 
 radical measure is, in reality, not a recall at all, but 
 merely a modified referendum. It proposes to allow 
 the people to pass on all judicial decisions involving the 
 constitution in the same way in which they pass upon 
 legislative acts and constitutional amendments. Every 
 decision declaring a law unconstitutional is submitted 
 to the people for ratification or rejection. With this 
 measure in operation, 1 its supporters claim that the re- 
 call of the judges themselves becomes unnecessary. In 
 
 1 Thus far Colorado is the only state that has adopted it. 
 
236 THE PROGRESSIVE MOVEMENT 
 
 the first place, it is the decision and not the judge that 
 counts, and to remove the judge or judges who handed 
 down the decision, while the decision itself is allowed to 
 stand, is wasted labor. In the second place, even if the 
 judge who made the objectionable decision were removed 
 and another elected in his place for the specific purpose 
 of chanoino 1 the decision, such reversals of opinion bv 
 the court would tend to make the law unsettled and un- 
 certain. 1 
 
 The objections that may be raised to the recall — or 
 more properly the referendum — of judicial decisions 
 are essentially the same as those raised to the ordinary 
 referendum and need not be discussed again. It is in- 
 teresting to note, however, that, while no one objects to 
 allowing the voters to pass finally on constitutional 
 amendments initiated by the legislature, strong objec- 
 tion is made to the proposal that they pass on consti- 
 tutional amendments made just as effectively, if not as 
 definitely, by the supreme courts of the different states. 
 The direct advantage derived from the power to recall 
 judicial decisions that declare laws unconstitutional 
 is that it completes the control of the people over the 
 fundamental law of the states. A court, at present, by 
 a single decision, can block progress for years, espe- 
 cially when to overcome that decision a constitutional 
 amendment is necessary and the legislature must be de- 
 pended upon to start the amendment. One way, in fact, 
 that is used by the opponents of reform is to pass a 
 reform measure in such shape that the courts feel con- 
 strained to declare it unconstitutional and thereby 
 necessitate a constitutional amendment and postpone 
 the adoption of the reform for years. Two decisions, 
 one in Xew York State and one in the United States, 
 
 1 For an interesting development of the whole subject, see Ran- 
 som, Majority 'Rule and the Judiciary. 
 
THE INITIATIVE, REFERENDUM AND RECALL 237 
 
 show how important the power of the highest courts in 
 connection with reform legislation is. In the first of 
 these cases/ the question was as to the constitutionality 
 of a workingmen's compensation act passed by the New 
 York State legislature giving to injured workingmen 
 the^ right to collect damages from employers whether 
 their injuries were due to their own negligence, the 
 negligence of the employer, or the inherent risks of the 
 work. The Court of Appeals in New York declared the 
 act unconstitutional in that it deprived employers of 
 property without due process of law. The second case 
 involved the question as to the power of New York 
 State to limit the number of hours a baker might work 
 to sixty hours a week or ten hours a day. The United 
 States Supreme Court 2 held that to deprive a working- 
 man of the right to labor in a bake-shop as many hours 
 as he chose was an undue interference with his liberty ; 
 and, although the statute was passed to protect the 
 baker from protracted work under insanitary condi- 
 tions, the effort was defeated through the greater zeal- 
 ousness of the Supreme Court to safeguard his welfare. 
 It is on such decisions as these that the voters should be 
 allowed to pass. 
 
 Not content with recalling their decisions, some sup- 
 porters of the progressive movement ask that the judges 
 themselves be subject to recall. Although it is doubt- 
 less true that the need of recalling the judges them- 
 selves is greatly diminished by providing for the recall 
 of their decisions, it is nevertheless true that a large 
 need for definite control over the judges themselves still 
 exists. Theoretically, it is anomalous to give to any 
 body of officials the enormous power given to judges 
 under our system of government and not subject them 
 
 1 Ives v. So. Buffalo Railway Co., 201 N. Y. 271. 
 'Lochner v. New York, 198 U. S. 45. 
 
238 ™ E PROGRESSIVE MOVEMENT 
 
 to any effective control. In England, where there is no 
 written constitution, the legislature controls the judges. 
 The judges simply interpret the law as it is passed with- 
 out touching on the right of Parliament to pass it. Here 
 the judiciary frequently reverses the process and con- 
 trols the legislature. It indicates the limits of the legis- 
 lature's power and declares void any law that exceeds 
 that power. Practically, moreover, it is unwise not to 
 subject judges in this country to some kind of check or 
 control. Most judges, before they are appointed or 
 elected to the bench, receive their training in the em- 
 ploy of corporations. Corporations do the greater share 
 of the business of the country, offer the largest retainers 
 and give to the young lawyer the best chance to rise in 
 his profession. While there is nothing inherently repre- 
 hensible in this situation, its tendency to bias the minds 
 of judges in favor of corporations and property inter- 
 ests as against individuals and human interests is cer- 
 tain to be felt. Moreover, judges who are serving a 
 limited term and who cannot be certain of renomina- 
 tion and reelection look forward to employment by cor- 
 porations after they have retired from the bench. Here, 
 again, their experience on the bench is most valuable 
 and their services are most highly paid. Accordingly, 
 it is the common practice for judges to step from the 
 courtroom to the office of the great corporations, and the 
 more important the judgeship the greater the demand. 
 Ordinary prudence, therefore, on the part of judges, 
 causes them while in office not to be conspicuous in their 
 opposition to the rights and privileges of corporations. 
 Between training before going on the bench and pro- 
 spective employment after leaving it, there is apt to be a 
 bias in the minds of judges, which, although it may 
 not be patently dishonest, is nevertheless very real. To 
 counteract this bias, to oppose to the influence of spe- 
 
THE INITIATIVE, BEFEEENDUM AND EECALL 239 
 
 cial interests a strong public opinion, ready and able 
 to act quickly and effectively, the progressive movement 
 urges the recall. 
 
 There is one objection to the recall as applied to 
 judges in addition to those made against direct legisla- 
 tion that deserves special consideration because it is 
 so commonly raised and yet is so thoroughly unsound. 
 The objection is that people ought not to be allowed to 
 recall judges because they cannot pass intelligently upon 
 their ability or their decisions. A complete answer to 
 this objection is found in two facts : first, that a recall 
 election of judges requires no greater capacity for dis- 
 crimination by the people than an ordinary election of 
 judges, and that, if the people are competent to select 
 judges on one occasion, they are on another; second, 
 that, in about three-fourths of the states, judges are now 
 elected by popular vote. Those who insist upon this 
 objection, therefore, must either adopt the inconsistent 
 and illogical position that the people can elect capable 
 judges at one election, and not at another ; or they must 
 advocate the abolition of the elective system entirely 
 and substitute for it a system of appointment. 
 
 The third form of the recall, the recall of elective offi- 
 cials other than judges, is the form commonly referred 
 to when the term recall is used. Although this form of 
 the recall has not been so violently opposed as the two 
 already discussed, several important objections have 
 been raised against it. It is contended, in the first 
 place, that it will be used for personal or partisan pur- 
 poses. So far as use for personal purposes is concerned, 
 a reasonably high percentage and wide publicity seem 
 to furnish sufficient safeguards. No mere clique can 
 muster the twenty-five per cent, of the voters necessary 
 to call an election; and, if they did, a three or four 
 months' campaign would reveal their motives in calling 
 
240 THE PROGEESSIVE MOVEMENT 
 
 it. As to the use of the recall for partisan purposes, 
 there is no objection to that so long as it does not un- 
 duly interfere with government or put too heavy a bur- 
 den upon the electors. If the party of any officeholder 
 ceases to be in the majority, there is no good reason why 
 the opposing party, if it is in the majority, should not 
 substitute its representative in his stead. If the number 
 of recall elections is limited and no officeholder is sub- 
 jected to recall more than once, the use of the recall 
 can work no great hardship. It simply means that the 
 majority is constantly in control. A second objection 
 that seems to have more weight against the recall than 
 against the initiative or referendum is the objection 
 that capable men will not run for office if they are un- 
 able to exercise some independence and if their tenure 
 of office is made subject to the passing whims and moods 
 of the people. In answering this objection, it may be 
 repeated that officials are not altogether independent 
 now; that in many cases they are the servants of the 
 boss who nominated them or of the corporations who 
 supplied the funds to win their election. But, assuming 
 that this is not so, and that officials are really independ- 
 ent now, the recall does not make them less so. Most 
 voters do not object to independence in office, provided 
 the independence is used for, rather than against, their 
 interests. The recall is designed not to make men in 
 office less independent, but to remove the dependent. 
 The average voter does not wish to administer or inter- 
 fere with the details of any office unless it becomes 
 necessary to do so to protect his own interests. So long, 
 therefore, as a man is fearless and honest, the recall does 
 not need to be invoked and usually is not. It is against 
 weaklings and not against strong men that it is aimed. 
 But, to carry the argument still farther and to suppose 
 that the recall did make officials dependent upon public 
 
THE INITIATIVE, REFERENDUM AND RECALL 241 
 
 opinion, there is no inherent objection to that, provided 
 public opinion is properly and adequately expressed. 
 Independence in political office is a fetish so blindly 
 worshiped by many that its true meaning is not clearly 
 perceived. If a governor or legislator were absolutely 
 independent, he would do just as he pleased. Such a 
 situation would be intolerable. Every man in office is 
 prompted by some more or less definite motives, and 
 independence is often made to serve as a cloak for cor- 
 rupt or selfish practices. Officials are elected to repre- 
 sent and serve public interests ; they must be dependent 
 to that extent; and, when they cease to serve those in- 
 terests or fail to convince their constituencies that they 
 serve those interests, the recall provides the means of 
 removing them and substituting others in their stead. 
 
 In practice, in the states that have adopted it, the re- 
 call is seldom used and serves more as a threat than 
 anything else. It has been invoked several times in 
 cities to remove officials who were manifestly corrupt 
 and dishonest, but in no case has there been obvious un- 
 fairness. While to some this seeming uselessness of the 
 recall is an objection to it, to its supporters it is one of 
 the chief arguments in its favor. Instead of electing of- 
 ficials for short terms — so short that they have scarcely 
 mastered the routine of their departments when they 
 must retire — the recall makes it possible and safe to 
 lengthen the terms, since satisfactory men may be re- 
 tained and unsatisfactory men removed at any time. 
 Not only can the term of office be increased, but the au- 
 thority given to officials may be greatly enlarged with- 
 out fear of any long-continued abuse of power. In the 
 absence of adequate means of control the states have 
 stripped legislators and other officials of as much power 
 as possible. This fact, combined with the fact that to 
 become a candidate for office it has been necessary to 
 
242 THE PEOGEESSIVE MOVEMENT 
 
 stoop to practices which self-respecting men find hard 
 to tolerate, has kept many competent independent men 
 from office. With the recall in operation as a safeguard, 
 therefore, officials can he offered complete power over 
 a long term of years conditioned only upon its use in the 
 public interest. 
 
 A fourth type of the recall is the recall of appointive 
 officials. Fundamentally, this application of the recall 
 is unsound, and is seldom made. All officials should be 
 held responsible to those to whom they owe their posi- 
 tions and not to third persons. To allow the people to 
 remove the secretary of state where that officer is ap- 
 pointed by the governor demoralizes the government. 
 There is, moreover, a practical objection which is even 
 more serious than any theoretical ones. If, when an 
 appointive official is removed, another is elected in his 
 place, the position obviously ceases to be appointive and 
 becomes elective. If, on the other hand, the appointive 
 officer is removed and no one is elected to succeed him, 
 not only is the essential character of the recall as an 
 election lost sight of, but the anomalous situation of one 
 authority filling a position and another emptying it, is 
 created. In watching officials, as in electing them, the 
 fewer there are the better. If a few men are given ab- 
 solute power of appointment and are held strictly ac- 
 countable for the acts of those whom they choose, the 
 problem of obtaining efficient appointees will be satis- 
 factorily solved. 
 
 The fifth and final form of the recall is an ingenious 
 development in the state of Arizona known as the ad- 
 visory recall and used to control federal judges and 
 United States senators. Having no power to control 
 federal judges directly, the voters control them indi- 
 rectly by pledging them to resign if the voters in the 
 district from which they are appointed request it at a 
 
243 
 
 recall election. United States senators whose consent 
 is necessary to the appointment of judges are pledged 
 to refuse to confirm the nomination of any prospective 
 judge who declines to agree to withdraw when the peo- 
 ple wish it. The same general plan is used in connec- 
 tion with the United States senators. Candidates for 
 senator are pledged to resign if after they are elected 
 the people of the state demand their resignation. Al- 
 though there is nothing legally binding about these de- 
 vices, they nevertheless serve to arouse and direct pub- 
 lic opinion and make it almost impossible for a judge 
 or senator to remain in office after the people have 
 shown that he no longer represents them. 
 
 In concluding this chapter on the measures of control 
 in the state, it may be pointed out that the difference 
 between those who favor direct primaries, the initiative, 
 the referendum, and the recall and those who oppose 
 them is at bottom a difference of confidence in the abil- 
 ity of the people to govern. Every objection raised 
 against these measures can be traced to a distrust of 
 popular government and a conviction that the best gov- 
 ernment can be had only when the people elect repre- 
 sentatives to do all the governing for them. On the 
 other hand, those who favor these measures do so 
 through a belief in the wisdom of the people and in 
 their ability, not to administer all the technical details 
 of government, but to maintain a general unbroken and 
 sure control over its operations. It is not a question of 
 representative government against a pure democracy 
 as has been so often wrongly assumed ; it is a question 
 of the control of representative government in the inter- 
 ests of all the people and not for the benefit of the few. 
 
CHAPTER XII 
 
 MEASURES TO PREVENT AND RELIEVE SOCIAL AND ECO- 
 NOMIC DISTRESS 
 
 After the several states have prepared the way by 
 giving to the people direct and continuous control over 
 all the branches of government, they are ready to direct 
 their attention more profitably to the problems con- 
 nected with the prevention and relief of social and eco- 
 nomic distress. Because they are not so strictly lim- 
 ited by their constitutions, because they can more easily 
 amend their constitutions when they are limited, be- 
 cause of the liberal interpretation of the so-called po- 
 lice power, states are able to grapple with modern so- 
 cial and economic problems much more effectively than 
 the federal government can. In spite of the fact that 
 the social phase of the progressive movement in the 
 state is by far the most important — as much more im- 
 portant than the other phases as the end is more im- 
 portant than the means — there is some danger that the 
 emphasis placed upon such preliminary measures as 
 the initiative, referendum, recall, direct primaries and 
 others will cause the importance of these more vital 
 measures of social relief to be somewhat obscured. Euro- 
 pean countries, where protection against graft and cor- 
 ruption is not so greatly needed, have been far in ad- 
 vance of the United States and of the individual states 
 in social legislation, because much of the energy of po- 
 litical reformers here has been directed toward the 
 
 244 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 245 
 
 restoration of government to popular control. It is to 
 the progressive movement that credit is due for show- 
 ing the true significance of remedial legislation and 
 for making of it a clear-cut political issue. 
 
 In taking up the work of preventing by legislation 
 suffering and distress — and here as everywhere preven- 
 tion is worth infinitely more than relief — one of the 
 most important problems which the several states must 
 face is that of child labor. The magnitude of the prob- 
 lem is indicated by the fact that there are at present 
 nearly two million children between ten and fifteen 
 years of age employed in gainful occupations and that 
 the number both actually and in proportion to the total 
 number of children is steadily increasing. Although 
 the census figures for 1910 on this subject are not yet 
 available, an estimate based upon the figures for 1900 
 indicates that of the two million children at work 
 nearly a million and a half are under fourteen years of 
 age. 1 These millions are not found in any state or sec- 
 
 1 Twelfth Census of the United States, 1900. Special Report- 
 Occupations, p. cxlvii. 
 
 Number of children, 10 to 15 years of age, engaged in gainful 
 occupations, compared with total number of children of the same 
 age, for both sexes and for each sex separately, 1880 and 1900. 
 
 
 and Census Years 
 
 Children 10 to 15 Years of Age 
 
 Sex 
 
 Total 
 
 Engaged in Gainful 
 Occupations 
 
 
 Number 
 
 Per cent. 
 
 
 1900 
 
 9,613,252 
 4,852,*27 
 4,760,825 
 
 6,649,483 
 3,376,114 
 3,273,369 
 
 1,750,178 
 1,264,411 
 
 485,767 
 
 1,118,356 
 825,187 
 293,169 
 
 18.2 
 
 
 26.1 
 
 
 10.2 
 
 
 1880 
 
 16.8 
 
 Males 
 
 24.4 
 
 Females 
 
 9.0 
 
 
 
246 THE PKOGKESSIYE MOVEMENT 
 
 tion of the country nor in any single industry. In 
 the shrimp canneries of Maryland, in the mills of Ala- 
 bama, in the quarries of Vermont, in the mines of Ken- 
 tucky, in the factories of Illinois, and on the farms of 
 Washington and California, im mature children are 
 bearing the burdens of life and labor. 
 
 The causes for the present prevalence of child la- 
 bor and its constant increase are not far to seek. They 
 are chiefly two : an unusual need and an unusual op- 
 portunity ; need of the parents for the addition to the 
 slender family income which the children by working 
 can make; opportunity to obtain employment because 
 of the great variety of ways in which children can be 
 used in industrial, agricultural, and commercial life. 
 The average wage of 3,297,819 wage-earners included 
 in an investigation, the results of which were published 
 by the Census Bureau in 1908, was $10.06 a week: for 
 the men $11.16, for the women $6.17, and for the chil- 
 dren $3.46. 1 Assuming that the average family is 
 made up of father, mother, and three children and that 
 the father and the mother are both working, on the 
 basis of these averages, the three children by working 
 could increase the family income by more than half. 
 The temptations of parents to avail themselves of the 
 aid which their children can give becomes almost irre- 
 sistible under modern conditions. Xot only do chil- 
 dren who do not work fail to add anything to the slen- 
 der family income, but they actually take substantially 
 from it. If they attend school, clothing and food must 
 be provided, and incidental expenses must be met. The 
 prospect of double gain : the relief of having no longer 
 to supply the children with necessaries, and the money 
 added to the family fund after the children have paid 
 
 1 Department of Commerce and Labor, Bureau of the Census, 
 Bulletin 93. Earnings of Wage-earners, p. 11. 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 247 
 
 f 
 
 for necessaries out of their own earnings, is a strong in- 
 ducement to stop a child's education and send him to 
 work. Then, too, the development of modern industry 
 has had a most potent effect in increasing child labor. 
 In the first place, it has created thousands of positions 
 which children can readily fill. In performing the sim- 
 pler operations of machinery in factories, in canning 
 shrimps, picking cotton, or making artificial flowers, the 
 child of twelve or fourteen can be as useful as the adult. 
 In the second place, the opportunity to make great sav- 
 ings in the cost of production by obtaining the same 
 work at from half to one-third the price usually paid to 
 adults and thus making it possible for him to compete 
 successfully with his rival has prompted the unscrupu- 
 lous mill, mine, or factory owner to use children wher- 
 ever possible. And so between the demands of parents 
 to receive money and the willingness of employers to 
 offer it, an increasingly large number of children are 
 taken from school and home and placed in the work- 
 shop and factory. 
 
 The effect of child labor upon the children them- 
 selves — the arrested physical development, the suscepti- 
 bility to disease and accident because of fatigue and 
 lack of proper exercise; the stunted intellect causing 
 the children to become unable and even unwilling to 
 learn; the warped moral nature nurturing in the child 
 a spirit of brooding hatred and distrust of society ; pre- 
 mature sickness and death — all these are serious 
 enough; but it is on broader ground than this that the 
 progressive movement bases its opposition to child la- 
 bor. The tendency in government to-day is to give to 
 the people more responsibilities and powers and a 
 greater participation in the solution of political prob- 
 lems, to establish, in a word, a broader democracy. 
 The success of this effort to give the people a larger 
 
248 THE PROGRESSIVE MOVEMENT 
 
 part in government will depend npon the intelligence, 
 good sense, and character of the people themselves. And 
 snrely no people, a large percentage of whom in their 
 childhood were compelled to work twelve or fourteen 
 hours a day in factory, workshop or mill, who come to 
 manhood with dwarfed bodies, feeble minds, and weak 
 wills, can effectively assume the burdens of a demo- 
 cratic government. The surest support of a democracy, 
 moreover, is a well-ordered system of compulsory public 
 education ; and child labor and such a system of educa- 
 tion are irreconcilable. Every child that goes to work 
 is a loss to education ; and, conversely, every child that 
 remains in school is lost to labor. 
 
 Practically every state in the union has realized the 
 importance of controlling child labor and has passed 
 more or less satisfactory laws on the subject. In addi- 
 tion to the fact that parents and employers both insist 
 that child labor is necessary, the reluctance of one state 
 to pass more stringent laws than another lest capital be 
 driven from it makes it difficult to obtain adequate 
 legislation in many of the states. It is doubtless true 
 that mill owners find the cost of production less where 
 child labor may be employed and that in some cases 
 owners have sought the state where the laws were most 
 lax as the best place in which to invest. To remove this 
 difficulty arising from the diversity of state laws, the 
 National Child Labor Committee, organized in 1904 to 
 study the entire question of child labor, has had drafted 
 a model law to be adopted by all the states. The law is 
 based upon a study of the provisions of the more ad- 
 vanced statutes already in force and would do much 
 to remove the worst evils of the child labor problem if 
 it were adopted by all the states. 
 
 A first consideration in the attempt to regulate child 
 labor has to do with fixing the ages under which chil- 
 
TO BELIEVE SOCIAL AND ECONOMIC DISTRESS 249 
 
 dren may not engage in different occupations. These 
 ages are fixed for various purposes at twelve, fourteen, 
 sixteen, eighteen, and twenty-one. Boys of twelve are 
 permitted in many states to work at street trades, such 
 as' selling newspapers and blacking boots; provided, 
 usually, that they do not work during school hours. 
 Fourteen is the age limit fixed in the case of the simpler 
 and less fatiguing duties in mills, factories, and work- 
 shops. Where the work is more dangerous, either be- 
 cause there is liability to bodily injury or exposure to 
 occupational diseases, as in adjusting belts to machin- 
 ery or manufacturing dyes or paints, the laws require 
 that children be at least sixteen. In the case of labor 
 requiring more endurance and skill, such as running an 
 elevator or trolley car and working on docks and 
 wharves, eighteen years is the minimum age. Finally, 
 where there is danger of moral corruption, as in bar- 
 rooms or other places where intoxicating liquors are 
 sold and in night messenger service, which is perhaps 
 the most blighting morally of all the forms of child 
 labor, progressive states place the age limit at twenty- 
 one years. 
 
 A second consideration in connection with child la- 
 bor legislation has to do with the questions how long 
 and when children should be permitted to work. Eight, 
 and in some cases six, hours a day are fixed as the maxi- 
 mum and one day's rest in seven is required. In the 
 case of girls under twenty-one, where they are com- 
 pelled to stand continuously, the hours of labor are 
 made shorter than under ordinary conditions. The. 
 hours during which child labor is entirely prohibited in 
 some states are from nine at night to six in the morn- 
 ing. Another limitation frequently occurs in connec- 
 tion with street trades where boys in attendance upon 
 school are allowed to work only outside of school hours 
 
250 THE PEOGEESSIVE MOVEMENT 
 
 and are required to obtain permits and badges so that 
 they may be readily identified. 
 
 Having established ages under which children are 
 prohibited from working, the next duty of the state is 
 to limit the hours of labor in the case of those chil- 
 dren not included within the prohibition. In fixing the 
 maximum number of hours of labor for children, four 
 factors must be taken into consideration : first, the age 
 of the child ; second, the sex ; third, the character of the 
 employment; and, finally, the time of day when the 
 work is to be performed. Theoretically, it would seem 
 that the younger the child the lower the maximum 
 number of hours that he should be permitted to work 
 ought to be ; and in some states this principle has been 
 followed. But, unfortunately, in many of the states 
 no such distinction has been made. The highest maxi- 
 mum in any state is sixty hours a week and is applied 
 in many states to children under fourteen. The lowest 
 is forty-eight and is applied in every instance to chil- 
 dren under sixteen. 1 Sex as a factor in fixing the maxi- 
 mum operates in several instances to raise the age limit 
 within which employees may be worked the maximum 
 number of hours. Thus some states that permit boys 
 under sixteen to work sixty hours a week require that 
 girls attain the age of eighteen before they are allowed 
 to do the same work. In employments, too, where 
 women are compelled constantly to stand, the consecu- 
 tive hours of labor are sometimes reduced. Finally, 
 girls are frequently limited in the number of hours 
 during which they may work at night. The character 
 of the employment is a third factor that should help to 
 determine the hours of child labor. In the less haz- 
 ardous industries, in agricultural and domestic occu- 
 
 *See Legislative Review, No. 5. American Association for La- 
 bor Legislation. 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 251 
 
 pations, children may safely be permitted to work lon- 
 ger with much slighter risk of injury than in the 
 case of such dangerous and fatiguing employments as 
 mining and manufacturing. Not only should the pos- 
 sibility of physical injury, but also the exposure to dis- 
 ease be kept constantly in mind. To allow children 
 to work eight or ten hours a day in a poorly lighted, 
 poorly ventilated and foul-smelling room in a tenement 
 or factory is very likely to result in disease and prema- 
 ture death. Lastly, the hours of the day during which 
 children of certain ages may not work are often specifi- 
 cally stated in an attempt to eliminate the ill effects of 
 night work. In some states children under a certain 
 age are forbidden to work from seven at night to six in 
 the morning; in other states, especially those that con- 
 tain large cities, the hours during which work is pro- 
 hibited are somewhat fewer. While substantial ad- 
 vance has been made in limiting the hours of child 
 labor, existing state laws still need to be improved in 
 many particulars. Ten hours a day six days a week 
 are too long for children to work in factories and mines 
 while grown men and women are insisting upon an 
 eight-hour day. And working even eight hours a day, 
 breathing the dust of tobacco leaves or inhaling the 
 poisonous fumes of gases and dyes, cannot but have a 
 serious effect upon the constitution of a child. If the 
 child must work, let the work be under sanitary and 
 healthful conditions, and let it not be so burdensome 
 as to prevent entirely the possibility of normal child 
 growth. 
 
 To restrict the ages at which children may begin 
 work and to limit the hours of labor is useless unless 
 adequate means are taken strictly to enforce the law. 
 Because parent, employer, and frequently the child 
 itself are interested in evading the law and conspire 
 
252 THE PROGRESSIVE MOVEMENT 
 
 to deceive the inspector, it becomes exceedingly diffi- 
 cult to keep track of infringements of the statute. 
 There is, moreover, in many communities, a lack of 
 solid public opinion back of child-labor laws which 
 makes the work of inspectors doubly difficult. One thing 
 would seem to be certain, and that is that the penalties 
 imposed for violation of the law are altogether too 
 small. In most states, a mere fine is imposed, in al- 
 most all cases under one hundred dollars and in some 
 instances as low as five, twenty, or twenty-five. Under 
 such a system, a fine, even were it strictly enforced, 
 becomes a license fee "and not a penalty; and a license 
 fee, too, which remains unpaid until the violation of 
 the law is detected. The important thing therefore is 
 not to try to punish employers after they have violated 
 the law, but by an efficient system of inspection to keep 
 them within the law. One essential in such an adequate 
 system of inspection is that children be required to at- 
 tend school up to the age when the child-labor law per- 
 mits them to go to work. Every child leaving school can 
 then be required to present a certificate from the school 
 authorities to his employer and another to the factory 
 inspector — giving date of birth, extent of education, 
 results of examination to test physical fitness, etc. 
 These certificates should be kept on file by employers 
 in some accessible place in the factory or other place 
 where children are employed; and when children leave 
 should be returned to them and notice sent to the fac- 
 tory inspector. In this way, inspectors can readily 
 check the record of any child suspected of being em- 
 ployed in violation of the law. Employers are often 
 required to keep posted in a conspicuous place near the 
 entrance of the factory or mill a list of children in their 
 employ, and on each floor a schedule of the hours of 
 labor, together with the time allowed for lunch in the 
 
TO BELIEVE SOCIAL AND ECONOMIC DISTKESS 253 
 
 middle of the day. In the case of children engaged in 
 street trades, the most advanced states require that 
 children must obtain a permit and receive a badge which 
 they must wear conspicuously. In this way children 
 under the legal age are effectively kept off the streets. 
 
 The steps in the fight for the protection of children so 
 far as labor is concerned are very definite. It is a prob- 
 lem, first, of complete prohibition wherever that is prac- 
 ticable ; secondly, of raising the age limit as high as pos- 
 sible; thirdly, of limiting the hours of labor; and, 
 finally, of holding employers and parents strictly to the 
 law. In attempting to extend the provisions of child- 
 labor laws, the objection is commonly raised that it is 
 far better for children to work than to starve ; that fre- 
 quently upon the death of the father, the mother and 
 children are left destitute and if the children are not old 
 enough to work, or, being old enough, are not permitted 
 by the law to work, they must become a public charge. 
 It is to meet this objection and to provide for children 
 in just such circumstances that progressive reformers 
 to-day are advocating a second measure of child welfare, 
 known as mothers' or widows' pensions. The under- 
 lying theory of mothers' pensions is not that mothers 
 or widows should be cared for in distress and poverty, 
 but that through subsidies granted by the state they 
 should be enabled to care for and raise children too 
 young to provide for themselves. While the scheme is 
 fundamentally charitable, in that it gives where ser- 
 vices have not been rendered, it is nevertheless charity 
 of a hard-headed sort. The purpose is not to pay 
 mothers because they have brought children into the 
 world and have thus rendered a service to the state, but 
 to give to the mother to use in keeping the family to- 
 gether the money which the state would have to pay in 
 supporting children in public institutions. The princi- 
 
254 THE PEOGEESSIVE MOVEMENT 
 
 pie, therefore, at bottom, is sound. In many instances, 
 mothers who are widowed can, by adding to their own 
 earnings the small funds which the state now pays to 
 public agencies, support and educate their children up 
 to the age where they can provide for themselves; and 
 even where the state is compelled to pay more than the 
 money it is now giving, the superior training in the 
 home and consequently the additional social value of 
 the children more than justify the additional expendi- 
 tures. 
 
 In the five years (1908-1913) since the mothers' pen- 
 sion movement began, twenty states have passed 
 laws on the subject. 1 The persons to whom payments 
 are made under the terms of these laws are usually 
 dependent mothers, including within the meaning of 
 the term not only widows, 2 but mothers whose husbands 
 are in prison, or the insane asylum, or who have de- 
 serted or are incapacitated for labor. In Michigan 3 
 divorced and unmarried mothers are included, and in 
 three states, California, 4 Colorado, 5 and Wisconsin, 6 if 
 the parents are unfit to rear the children, the payments 
 may be made to a guardian. Payments cease in some 
 states 7 when the child reaches the age of fourteen ; in 
 
 1 California, Colorado, Idaho, Illinois, Iowa, Massachusetts, 
 Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hamp- 
 shire, New Jersey, Ohio, Oregon, Pennsylvania, South Dakota, 
 Utah, Washington, and Wisconsin. See American Labor Legisla- 
 tion 'Review, Vol. Ill, No. 2, Publication 21, p. 199. See also 
 Bureau Publication No. 7, Children's Bureau, JJ. S. Department 
 of Labor. 
 
 2 The New Jersey law is limited to widows. Laws of New Jer- 
 sey, 1913, C. 281. 
 
 3 Public Acts of 1913, No. 228. 
 
 4 Session Laws of California, 1913, C. 323. 
 "Session Laws of Colorado, 1913, p. 694. 
 
 6 Session Laws of Wisconsin, 1913, C. 669. 
 
 7 California, Illinois, Iowa, Massachusetts, Minnesota, Missouri, 
 South Dakota, and Wisconsin. 
 
TO BELIEVE SOCIAL AND ECONOMIC DISTRESS 255 
 
 three states when he reaches fifteen ; 1 in four states 
 when he reaches sixteen ; 2 in one state, Michigan, when 
 he reaches seventeen ; and in two states when he reaches 
 eighteen. 3 In the other states, Ohio and Pennsylvania, 
 the payments cease when the children arrive at the legal 
 working age. 
 
 The amount of payments given to destitute mothers 
 varies greatly in the different states. Iowa and Michi- 
 gan allow two and three dollars a week respectively ; in 
 California twelve dollars and fifty cents a month are 
 allowed, one-half of which is paid by the state and the 
 other half by the city or county. New Jersey allows 
 nine dollars; Idaho, Minnesota, Missouri, Nebraska, 
 New Hampshire, Oregon, and Utah, ten ; Pennsylvania 
 and Wisconsin, twelve ; Ohio, South Dakota and Wash- 
 ing-ton, fifteen dollars a month. In the other states 
 where pension laws are in force, the amount of 
 the pension is left to the discretion of the body in whose 
 charge the administration of the law is placed. Where 
 there is more than a single child, the amount allowed 
 for each additional child varies from five to twelve dol- 
 lars a month. 
 
 The general conditions under which pensions are 
 granted are indicated by the provisions in the Ohio 
 statute. 4 They are as follows: 
 
 "First — the child or children for whose benefit the 
 allowance is made must be living with the mother 
 of such child or children ; 
 
 Second — the allowance shall be made only when 
 in the absence of such allowance the mother 
 would be required to work regularly away from 
 
 1 Idaho, Utah, and Washington. 
 
 2 Colorado, New Hampshire, New Jersey, and Oregon. 
 
 3 Nebraska and Nevada. 
 
 4 Laws of Ohio, 1913, p. 878. 
 
256 THE PROGRESSIVE MOVEMENT 
 
 her home and children, and when, by means of 
 snch allowance, she will be able to remain at 
 home with her children, except that she may be 
 absent for work at such times as the court deems 
 advisable ; 
 
 Third — the mother must, in the judgment of the 
 juvenile court, be a proper person, morally, 
 physically and mentally, for the blunging up of 
 her children; 
 
 Fourth — such allowance shall, in the judgment of 
 the court, be necessary to save the child or 
 children from neglect and to avoid the breaking 
 up of the home of such woman ; 
 
 Fifth — it must appear to be for the benefit of the 
 child to remain with such mother ; 
 
 Sixth — a careful preliminary examination of the 
 home of such mother must first have been made 
 by the probation officer, an associated charities 
 organization, humane society, or such other com- 
 petent person or agency as the court may direct, 
 and a written report of such examination filed." 
 
 Mothers' pensions, in the last analysis, are but a kind 
 of charity ; and it is on this ground that the strongest 
 and most convincing objections to them have been made. 
 Where the charitable nature of the relief is unduly em- 
 phasized, as, for example, in the Xew Jersey law, it 
 becomes odious to self-respecting women to apply for or 
 accept it, and thus the act tends to defeat itself. And 
 even where the real nature of the payments is concealed 
 by a skillful use of terminology, and every means is 
 taken to avoid subjecting the recipients of the state 
 bounties to disgrace, mothers' pensions inevitably tend 
 to pauperize and lower the standards of self-respect. It 
 has been suggested by Dr. Edward T. Devine, who has 
 
TO EELIEVE SOCIAL AND ECONOMIC DISTRESS 257 
 
 pointed out the weaknesses of mothers' pensions with 
 greater effectiveness than any other writer on the sub- 
 ject, that there might be substituted for mothers' pen- 
 sions a scheme of social insurance that would retain all 
 the advantages of the present plan and eliminate prac- 
 tically all of its defects. All employees, employers, and 
 perhaps the state as well might contribute to a pension 
 fund upon which destitute mothers would have a legiti- 
 mate claim. The burdens in this way would be dis- 
 tributed among the members of the entire community, 
 and those that accepted payments would no more suffer 
 disgrace or humiliation than the beneficiaries of life in- 
 surance. It is altogether likely that the principle of 
 mothers' pensions has come to stay ; and the chief prob- 
 lem now is to apply the principle with the greatest 
 effectiveness. 
 
 Another measure for the prevention of social distress 
 which has become a part of the progressive movement 
 is that establishing a minimum wage. Primarily, min- 
 imum wage laws are intended to protect girls and 
 women from the consequences of inadequate compensa- 
 tion; but there is also a tendency to extend its applica- 
 tion to include all workers. The agitation in this coun- 
 try for the fixing of a minimum wage had its origin in 
 a belief that has become widespread in recent years, 
 that there is a close connection between immorality and 
 the poor wages which young working girls receive. 
 Many department stores in large cities pay only three, 
 five, or eight dollars a week to salesgirls, and out of this 
 small wage in many instances the girls must feed, 
 clothe, and house themselves. The assumption that the 
 virtue of young women is dependent upon the wages re- 
 ceived is vigorously combated in many quarters. While 
 there has undoubtedly been much exaggeration of the 
 dangers to which young working girls who receive small 
 
258 THE PROGRESSIVE MOVEMENT 
 
 pay are exposed, it is nevertheless true that virtue be- 
 comes repulsive and vice attractive when the one means 
 poverty and hardship and the other ease and comfort. 
 Young girls do not yield to a life of vice directly be- 
 cause of low wages, but low wages and their conse- 
 quences weaken the power of resistance and make it 
 easier to do so. At first there is but an occasional mis- 
 step, to obtain some luxury or pleasure which a small 
 income cannot provide; in many cases, wrongdoing is 
 completely concealed and intermittent indulgence in 
 vice is used to supplement wages ; but too often the life 
 proves too attractive and too easy and girls succumb en- 
 tirely. 
 
 Minimum wage laws are now in force in nine states, 1 
 all of them having been passed in 1913. In every state 
 the benefits of the law are restricted to girls and women, 
 indicating that the usual motive in passing such laws is 
 to remove a contributory cause of immorality. In prac- 
 tically all the states, the minimum wage is not fixed by 
 the statute, but is left to the discretion of the body that 
 administers the law. It is, however, usually specified 
 that girls and women must be paid a "living wage." 
 The administration of the law is ordinarily placed in 
 the hands of a c omm ission^ specially created for the 
 purpose in some states, and already in existence in 
 other states for other purposes. Violations of the law 
 are punished by heavy fines and in some instances by 
 imprisonment. 
 
 The most important objections made against the 
 minimum wage are three: first, that many employees, 
 unable to meet the increased requirements of efficiency 
 that will necessarily follow an increase in wages, will 
 be thrown out of employment; secondly, that certain 
 
 1 California, Colorado, Massachusetts. Minnesota, Nebraska, Ore- 
 gon, Utah. Washington, and Wisconsin. 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 259 
 
 industries may be forced to discontinue because of the 
 inability of employers to pay the minimum wage ; and, 
 thirdly, that all wages will tend to be reduced to the 
 minimum set by the law. That employers will demand 
 higher standards of employees if they are compelled to 
 pay higher wages is certain ; and that employees unable 
 to meet the new requirements will be thrown out of work 
 is also certain. But the solution of this difficulty lies in 
 one of two directions. Either employees will find 
 the kind of employment in which they are sufficiently 
 well equipped to earn a living wage, or the state will 
 have to face the fact that many employees cannot earn 
 a living wage at present and will have to provide for 
 them through better industrial and vocational training, 
 by public employment, pensions systems, or in some 
 other way. To prohibit its citizens from accepting 
 wages below a certain standard places the state under 
 an obligation to provide for those who cannot meet 
 those standards. It accentuates the difficulties of the 
 whole labor problem and makes more imperative the 
 need of a solution. It is the business of society to do 
 what it can to insure to each of its members the means 
 of existence and a minimum wage law is a definite step 
 in that direction. 
 
 That the enforcement of a minimum wage law com- 
 pels certain employers, because of increased expenses, 
 to go out of business, is an objection that is more ap- 
 parent than real. It is a trite paradox that cheap labor 
 is in the long run the most expensive labor and that 
 one way to reduce expenses is to increase wages. 
 Higher wages command more efficient employees and 
 enable employers to reduce working forces. Moreover, 
 there is an esprit de corps, a devotion to work, and a 
 willingness to sacrifice self in the interests of employers 
 that is found in establishments where employees are 
 
260 THE PEOGEESSIVE MOVEMENT 
 
 well paid that is an invaluable asset. But, assuming 
 that certain industries might be compelled to discon- 
 tinue if compelled to pay employees a living wage, no 
 very strong objection can be raised against allowing 
 them to do so. If industries can exist only at the ex- 
 pense of wrecked, poverty-stricken lives, then surely 
 our present civilization cannot tolerate their contin- 
 uance at such a costly sacrifice. If women must work 
 — and in this age it seems inevitable that they should 
 work — let them be paid for their work a sufficient wage 
 to allow them to live decently and comfortably. 
 
 The third objection against the minimum wage, that 
 where the law prescribes definite wages, employers will 
 tend to pay no higher wages, seems at first glance to 
 have a great deal of weight. If employers, by using 
 the law as a standard, can reduce their expenses, there 
 would seem to be no good reason why they should not 
 do it. But competition under a minimum wage law will 
 still be* an important factor and will make impossible 
 the reduction of all wages to the level imposed by the 
 law. This will be especially true because competition 
 will be keener than at present among the employees 
 that remain after those that cannot meet the increased 
 efficiency tests have been eliminated. Practical experi- 
 ence, moreover, seems to indicate that no fear need be 
 entertained. Professor Seager, writing on this point, 
 calls attention to the fact that "in Victoria, after the 
 minimum wage system had applied to the clothing in- 
 dustry for half a dozen years, the average wage for 
 women was reported at 42s. 3d. a week, as compared 
 with the prescribed minimum of 36s., and the average 
 for men as 53s. 6d., as compared with the legal 
 minimum of 45s. An average nearly twenty per cent. 
 higher than the minimum is pretty conclusive evidence 
 that wages continued to vary with the individual ca- 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 261 
 
 pacity of the workers after the minima were prescribed, 
 as they had done before. " * 
 
 That minimum wage laws are destined to play a large 
 part in preventing human waste and distress seems 
 certain. By separating those who cannot earn a liveli- 
 hood by their own efforts with their present training 
 from those who can; by exposing the industries that 
 thrive on the sacrifice of underpaid men and women; 
 by showing up defects in our educational system that 
 turns children out into the world without the ability 
 to support themselves ; by forcing the state to accept the 
 responsibility and solve the problem of the unemployed 
 — minimum wage laws are rendering invaluable assist- 
 ance in removing causes of degradation and suffering. 
 
 In addition to passing child-labor laws, mothers' pen- 
 sions laws, and minimum wage laws, modern society, in 
 its attempt to prevent waste of human resources, is 
 giving a great deal of attention to the problems of fac- 
 tory regulation and inspection. After many years of 
 neglect, the states are coming to the conclusion that 
 they cannot afford to allow millions of their citizens to 
 work in factories where they are subject to accident, 
 sickness, and death through the failure of employers 
 to provide adequate protection. The great social loss 
 that results from inadequate factory regulation, the 
 increasing knowledge concerning the preventability of 
 accident and disease, and the helplessness of the indi- 
 vidual workers have combined to arouse the public con- 
 science to the need of treating the factory problem as 
 one that requires the most effective public control. 
 
 Broadly considered, the factory question, so far as 
 the prevention of the waste of human resources is con- 
 cerned, presents two sets of problems: first, problems 
 
 1 The Theory of the Minimum Wage, Am. Labor Leg. Eeview, 
 Vol. Ill, No. 1, p. 89. 
 
262 THE PROGRESSIVE MOVEMENT 
 
 of legislation: second, problems of inspection. Laws 
 are needed to prevent accidents. So much attention is 
 being given to compensation for accidents sustained 
 that there is some danger lest it be forgotten that a 
 very large percentage of the accidents that now occur 
 can be prevented and that it is of the utmost impor- 
 tance that as many of these as possible be prevented. 
 Every factory should therefore be equipped with the 
 most improved safety devices to protect employees from 
 mishap from machinery and frequent inspection of ma- 
 chines should be required. To prevent the accidents 
 due to panic in case of fire, the number of workers in 
 factory building's should be strictly limited, according 
 to the amount of floor space and the width of stair- 
 ways : a sufficient number of enclosed fire escapes of 
 reasonable width should be provided: the most im- 
 proved sprinkler system should be installed: doors 
 should be unlocked and should open outward; and fre- 
 quent fire drills should be held. 
 
 Equally important with safeguarding factory em- 
 ployees against physical injury or death is their pro- 
 tection against preventable diseases. The diseases to 
 which workmen are subject may be classified as general 
 and occupational, understanding by general those caused 
 by conditions of light, air. and sanitation, such as 
 tuberculosis, rheumatism, nervous diseases, and the like : 
 and by occupational diseases those that are due particu- 
 larly to some occupation or trade, as miners' asthma, 
 glass blowers' cataract, hatters' shakes, phosphorous 
 poisoning, and similar afflictions. To protect employees 
 against the first class of diseases, the window and other 
 light area of factories needs to be definitely fixed so as 
 to insure natural lighting a reasonably large portion of 
 the day ; employees should be limited in number so that 
 each may have an adequate supply of air: and a well- 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 263 
 
 equipped system of sanitation should be required. The 
 solution of the problems raised by occupational diseases 
 is much more difficult. First of all, scientific investi- 
 gation of such diseases and their remedies is needed. 
 " There is no modern treatise on the subject by an 
 American authority on industrial hygiene, and the oc- 
 casional official investigations which have been made 
 into health conditions of particular trades only empha- 
 size the necessity of a more thorough and strictly scien- 
 tific inquiry by national authority." 1 Only on the 
 basis of the fullest scientific data can any attempt to 
 legislate on the question be successfully made. After 
 such an investigation has been made, society may find it 
 advisable to prohibit certain of the more dangerous in- 
 dustries entirely; just as it has already forbidden the 
 use of phosphorus for match tips. That thousands of 
 men and women should every year be offered up as sac- 
 rifices in the manufacture of any products seems a re- 
 proach upon our modern civilization. The least that 
 the state can do is to spare no pains or expense in an 
 attempt to eliminate these frightful diseases entirely or 
 at any rate to abate the ravages which they now make. 
 There is to-day not so much a lack of laws on the 
 statute book regulating work in factories as there is a 
 lack of inspection and enforcement of laws already 
 passed. The meagerness of the factory inspection pro- 
 vided at present is indicated by the fact that there are 
 only about four hundred and twenty-five factory in- 
 spectors in the whole country to care for nearly seven 
 million factory workers and that in fourteen states 
 with 474,000 factory workers not a single factory in- 
 spector is provided. And even in those states where 
 
 1 Memorial on Occupational Diseases, prepared by a committee 
 of experts and presented to the President of the United States. 
 Am. Labor Leg. Beview, Vol. I, No. 1, Pub. 12, p. 129. 
 
264 THE PEOGEESSIVE MOVEMENT 
 
 inspection is provided it is not efficient. In the first 
 place, not enough inspectors are appointed to permit 
 inspections sufficiently frequent to count. In the sec- 
 ond place, salaries paid are altogether too small to at- 
 tract competent men. It is little short of ridiculous to 
 pay a man $1,200 or $1,500 a year to protect the health 
 and lives of thousands of workmen. In the third place, 
 inspectors are not thoroughly acquainted with the 
 statute that forms the basis of their inspection and con- 
 sequently are unable to detect violations readily. In 
 the fourth place, in the great majority of the states, no 
 preliminary examination is held to test a candidate's 
 general knowledge of factory conditions. Even the sim- 
 ple details of inspection require a knowledge of ma- 
 chinery, architecture and sanitation, and the more diffi- 
 cult problem of occupational diseases and their causes 
 requires expert medical knowledge. The inefficiency of 
 inspection made by political appointees, even if they 
 devoted themselves conscientiously to their work, is 
 apparent. In the fifth place, the fine usually imposed 
 for violating the statute is so small that it is regarded 
 rather as a license than as a penalty. With the few 
 inspectors at present employed, each factory can be vis- 
 ited only at long intervals, and, even if the employer is 
 fined as a result of each visit, he is content to pay the 
 money for the privilege of violating the law between 
 inspections. 
 
 The great interests at stake require that these 
 breaches in the present system of factory inspection be 
 repaired at the earliest possible moment. A sufficient 
 number of inspectors should be employed to make at 
 least monthly inspections possible; large enough sal- 
 aries should be paid to enlist the services of trained ex- 
 perts, and to every force of inspectors there should be 
 added a corps of doctors with special knowledge con- 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 265 
 
 cerning occupational diseases. Searching examination 
 should be made of a candidate's knowledge of factory 
 laws and factory conditions not only before appoint- 
 ment, but periodically after appointment to test the 
 inspector's knowledge of changes that may have taken 
 place. Employers found guilty of violating the statute 
 should be held criminally liable and subject to a severe 
 punishment. Most important of all in factory regula- 
 tion is cordial and sympathetic cooperation on the part 
 of employer, employee, and inspector in carrying out 
 the law. Too frequently, through misunderstandings 
 that never should arise, these three classes work at cross 
 purposes. Employers can be made to feel not only a 
 sense of moral responsibility for the welfare of their 
 employees and a legal duty to obey the law, but also 
 the economic advantage of taking the best care possible 
 of their men and women. Employees can be consulted 
 concerning improvements that are needed to make laws 
 and inspections more effective and can be encouraged 
 to report violations to employers and to inspectors. This 
 interchange of ideas and suggestions can be accom- 
 plished through the medium of circulars printed 
 perhaps partly at state expense and partly at the ex- 
 pense of employers and distributed among the workmen 
 in the various trades and occupations. These circulars 
 might contain news concerning the most recent laws, 
 the latest safety devices, the means of preventing acci- 
 dents, the causes of occupational disease and other in- 
 formation of a similar character. It is only by treating 
 the factory problem as every one's problem, as a social 
 and not as an individual problem, that substantial prog- 
 ress can be made in the direction of greater protection 
 of the life and health of workmen. 
 
 The subjects thus far discussed in this chapter, child 
 labor, mothers' pensions, minimum wage, and factory 
 
266 THE PROGRESSIVE MOVEMENT 
 
 regulation, have emphasized the need of preventing the 
 waste of human resources in industrial work. There 
 remain to be considered certain measures that have come 
 into prominence in recent years in connection with the 
 progressive movement which have as their object the 
 relief of unavoidable social distress. Most important of 
 these measures, because of the change they have wrought 
 in the law governing the relations of employer and em- 
 ployee, and because of the definiteness of the relief 
 which they afford, are employers' liability, workmen's 
 compensation, and state insurance acts. 
 
 Under the common law which remained unchanged 
 in most of the states until well on into the nineties and 
 which is still in force in some of the states, an employer 
 owes his employees three duties so far as the prevention 
 of accidents is concerned: first, to use reasonable care 
 to make the place of work safe ; secondly, to use reason- 
 able care to provide safe tools and machinery with which 
 to work ; and, finally, to use reasonable care to hire only 
 competent fellow-workmen. That an employee is in- 
 jured because of unsafe surroundings, defective machin- 
 ery, or careless fellow-workmen is no guaranty that he 
 can recover: the responsibility of the employer ends 
 with the exercise of "reasonable care.'' In bringing an 
 action to recover for injuries sustained, therefore, the 
 employees are required to show clearly that the injury 
 was caused by the violation of one or more of the duties 
 of the employer. In defending an action against in- 
 jured employees, on the other hand, employers are al- 
 lowed to use any of three so-called "common law de- 
 fenses" : in the first place the employer may claim that 
 the employee has voluntarily assumed the risk incident 
 to his employment : in the second place, he may contend 
 that the injury was caused entirely or partly by the in- 
 jured employee's own negligence; or. finally, he may set 
 
TO BELIEVE SOCIAL AND ECONOMIC DISTRESS 267 
 
 up in defense that the employee was injured through the 
 carelessness of a fellow-servant with whose habits and 
 failings the injured employee should have been familiar. 
 Under modern industrial conditions these provisions of 
 the common law have been completely outgrown. It is 
 brutal to tell an injured mill or machine operator who 
 is fitted for only the one occupation in which he is en- 
 gaged, that he cannot recover for his injury because he 
 knew the risks when he entered the work and if he did 
 not care to assume them he should have chosen some- 
 thing less dangerous. It is inhuman to tell a maimed 
 or crippled dye-maker or loom operator who through 
 fatigue or exhaustion may have been momentarily care- 
 less and suffered a mishap, that he can receive no com- 
 pensation from his employer during a long period of 
 enforced idleness. And, finally, it is absurd to place 
 upon any single employee in a great corporation like 
 the United States Steel Corporation or the Southern 
 Pacific Railroad the obligation to familiarize himself 
 with the habits of thousands of his associates in order 
 that he may prevent injury to himself through their 
 carelessness. Where these common-law defenses are in 
 force, in many cases employees cannot recover at all for 
 injuries sustained ; and where they do manage to over- 
 come, with great difficulty, the opposition of the highly 
 paid, skilled lawyer of the corporation which they are 
 suing, the money they receive is soon exhausted in pay- 
 ing counsel fees and other expenses incident to bringing 
 the action. During the weeks, months, and even years 
 immediately following accidents, when money is most 
 needed, injured workmen and their families are forced 
 to accept charity or break up the home. 
 
 The first modification of the common law is usually 
 accomplished by the passage of employers' liability acts. 
 
268 THE PROGRESSIVE MOVEMENT 
 
 These acts still make it necessary for injured employees 
 to apply to the courts for compensation for injuries, but 
 make it easier for them to recover by changing the de- 
 fenses of the employer in several substantial particulars. 
 The employee is no longer presumed to have voluntarily 
 assumed the risks incident to his employment; the so- 
 called fellow-servant doctrine is abolished ; and the con- 
 tributory negligence rule is modified so as to allow an 
 employee to recover where he has not been culpably care- 
 less. The burden of proof, moreover, is shifted from 
 the employee to the employer and the latter must show 
 that he was not negligent and that his employee was; 
 reversing the former practice of requiring the employee 
 to establish the fault of the employer and his own free- 
 dom from neglect. 
 
 Employers' liability acts, much as they improve the 
 conditions previously existing, are defective in three 
 fundamental respects. In the first place they retain the 
 court trial with all its delays and expense. The amount 
 of money left, after the different fees are deducted from 
 the sum recovered, is small and comes too late to be of 
 the most assistance. In the second place, the determina- 
 tion of the amount of money to be recovered is left in 
 the hands of a jury instead of being fixed by law. This 
 practice results in as great unfairness to the employer as 
 it does to employees, because an over-sympathetic jury is 
 very apt to award an abnormally large verdict in a given 
 case and cause serious financial embarrassment to an 
 employer. The employee suffers, too, chiefly from the 
 uncertainty as to the amount he is to receive. In many 
 cases it is just as likely to be six cents as six dollars or 
 six thousand dollars. In the third place, no guaranty is 
 provided that the employee will be paid even if he does 
 recover. In a general catastrophe, such as an explosion 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 269 
 
 in a mine or a fire in a factory, several hundred may be 
 killed and injured. To place upon an employer the ob- 
 ligation to pay compensation to all those injured work- 
 men and their families often results in his bankruptcy 
 and inability to meet all claims upon him. 
 
 To remedy these defects of employers' liability acts, 
 twenty-five states 1 have passed workmen's compensa- 
 tion acts. These acts are based upon the theory that the 
 losses suffered by workmen because of injuries are social 
 losses and should be added to the cost of production and 
 borne by the community as a whole. Every effort is 
 made, therefore, to pay the injured workmen promptly 
 a fair sum proportioned to the seriousness of his injury, 
 the financial loss caused by his disability, and the length 
 of time during which the disability continues.' Court 
 trials are abolished and usually a commission is ap- 
 pointed to take their place in administering the act. 
 Payments are definitely stated and provision is made 
 against possible inability of the employer to pay. The 
 operation of a typical act is as follows : within a reason- 
 able time after receiving an injury, unless it results in 
 death or disability, the employee is required to notify 
 the employer of the facts of the accident and of his 
 claim for compensation. If the employer and employee 
 fail to agree as to the right of the employee to recover 
 or the amount which the employee is entitled to receive, 
 in some states the matter is arbitrated by a board of 
 three, one member of which is elected by the employer, 
 one by the employee, and the third by the other two. In 
 
 1 Arizona, California, Connecticut, Illinois, Iowa, Kansas, In- 
 diana, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, 
 Nevada, New Hampshire, New Jersey, New York, Ohio, Oregon, 
 Pennsylvania, Rhode Island, Texas, Vermont, Washington, West 
 Virginia, and Wisconsin. 
 
270 THE PROGRESSIVE MOVEMENT 
 
 some cases the award of the arbitration board is final 
 except for fraud or mistake ; in cases where it is not an 
 appeal usually lies to the compensation commission it- 
 self. Only in exceptional cases can an appeal be carried 
 beyond the commission into the courts. In practically 
 every case the only defense which the employer can in- 
 terpose is that the employee was guilty of gross or will- 
 ful negligence and clear evidence is required to establish 
 that fact. 
 
 The feature of workmen's compensation acts that is 
 most characteristic is the payment of stated sums in- 
 stead of indefinite amounts to be determined by a jury 
 or commission. To prevent malingering, these pay- 
 ments do not begin until a prescribed period, usually 
 two weeks, has elapsed after the accident. In case of 
 death, a distinction in the size of payment is made in 
 the case of those leaving persons wholly dependent, those 
 leaving persons partly dependent, and those leaving no 
 dependents at all. In the first case, the weekly wage 
 of the dead workman is allowed for a given period of 
 years, in most cases three. In the second case, the pay- 
 ments are made in proportion to the relative dependency 
 of the survivors. And, in the last case, an amount to 
 cover reasonable medical attendance and the cost of 
 burial is allowed. In case of total disability, a certain 
 percentage, usually fifty, of the workmen's wages not 
 to exceed a certain amount — usually $10 — nor to fall 
 below a certain amount — usually $4 or $5 — is paid up 
 to a maximum number of weeks — ordinarily from 300 
 to 500 — until a maximum amount — usually $3,000 or 
 $4,000 — has been reached. Where the disability is only 
 partial, a certain percentage, in most cases fifty per 
 cent., of the impairment of earning capacity is allowed. 
 In many statutes provision is made for the compensa- 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 271 
 
 tion in specific cases such as the loss of hand, leg, thumb, 
 and eye. 1 
 
 Important as it is that the amount of compensation 
 should be definitely stated and not left to the whim of 
 a jury or commission, it is even more important that the 
 payment of the compensation by the employer be se- 
 cured. This is accomplished by requiring employers to 
 satisfy the workmen's compensation commission that 
 they are responsible ; or, failing that, by requiring them 
 to insure in a liability or mutual insurance company. 
 Where insurance is taken out, considerable difficulty 
 arises in the adjustment of premiums because of the 
 different rates of compensation in the various states. A 
 man employed by a Wisconsin corporation may be in- 
 jured while in New York and elect to sue in that state. 
 Inasmuch as the rates there are higher than those in 
 Wisconsin, a premium paid by the corporation on the 
 basis of Wisconsin rates of compensation would be in- 
 sufficient to cover the amount the employer would have 
 to pay under the law of the other state. This difficulty 
 is one which uniformity in the laws of the different 
 states alone can solve. 
 
 Having passed from common law liability to employ- 
 ers' liability and then to workmen's compensation, in 
 evolving an adequate system of relieving the distress 
 caused by injuries to workmen, the progressive move- 
 ment proposes one step more; i. e., from workmen's 
 compensation to state insurance. By state insurance is 
 not meant a system similar to that in the state of Wash- 
 
 x One of the most recent acts, that passed in New York State 
 in December, 1913, allows the following maximum amounts: 
 
 Thumb $900 Other toes $240 
 
 First finger 690 Hand 4,800 
 
 Second finger 450 Arm 6,240 
 
 Third finger 375 Foot 4,100 
 
 Fourth finger I (225 Leg 5,760 
 
 Great toe 570 Eye 2,560 
 
272 THE PEOGEESSIVE MOVEMENT 
 
 ington, where the employee contributes nothing to the 
 fund; but rather a system like that in Oregon where 
 employer, employee, and state together contribute. 
 There is danger in passing a great amount of remedial 
 legislation lest employees be pauperized by charity. 
 What the progressive movement stands for in advocating 
 the relief of industrial distress is not paternalistic char- 
 ity by the government, but a helpful cooperation on the 
 part of all the elements of society to make the workman's 
 burden less heavy. A system of state insurance to which 
 employees as well as employers contribute is greatly 
 superior to workmen's compensation because it gives the 
 employee an interest in the fund and consequently in 
 reducing the number of accidents and keeping the pre- 
 mium down. It changes him, too, from a recipient of a 
 benevolent charity into an independent workman con- 
 tributing with his fellow-workmen toward his own sup- 
 port in case of injury or disability. 
 
 In line with a system of state insurance to protect 
 workmen against the worst consequences of accidents is 
 a system of state insurance to protect them against the 
 rigors of old age. Such a plan is already in operation 
 in several European countries and before long will have 
 to be taken up here. Rightly organized, old age insur- 
 ance is neither paternalistic nor socialistic ; and is there- 
 fore a great improvement over a system of old age pen- 
 sions. Employees might be required to contribute a 
 small percentage of their savings to a state fund which 
 might be supplemented by appropriations from the state 
 treasury. Upon proof of service covering a given period 
 of years, workmen might then be allowed a retirement 
 pension based upon the average income during the 
 period of service. Such a system tends to remove the 
 terrors of unemployment in old age and to encourage 
 steadiness in workmen; but most important of all, it 
 
TO RELIEVE SOCIAL AND ECONOMIC DISTRESS 273 
 
 recognizes and discharges in an effective way an obliga- 
 tion which societj and the state owe to every citizen 
 who by long years of labor has contributed to the general 
 welfare. 
 
 The task of the progressive movement in the state is 
 very plain and very definite. It must give to the people 
 a real control over government at all times : before elec- 
 tion by direct primaries, corrupt practices acts, the 
 short ballot, the Massachusetts ballot, and an effective 
 registration system ; and after election by the initiative, 
 the referendum, and the recall. It must then use the 
 government, thus restored to the people, to prevent and 
 relieve social and industrial distress : to prevent distress 
 by saving the life of the child through stringent child 
 labor laws ; by giving to the child the benefit of the up- 
 lifting home influence as long as possible through a sys- 
 tem of mothers' pensions; by protecting men, women, 
 and especially young girls, through a minimum wage 
 law, from sacrificing their manhood and their woman- 
 hood, and by adequate factory regulation and inspection ; 
 and, finally, when bones are broken and health is gone, 
 to relieve distress by placing upon the shoulders of 
 society a part of the burden which the individual hith- 
 erto has borne. 
 
PAKT IV 
 
 THE PKOGRESSIVE MOVEMENT IN THE 
 
 CITY 
 
CHAPTER XIII 
 
 MUNICIPAL HOME RULE 
 
 No proof is required to-day to support the claim that 
 the city is as important in our political life as the na- 
 tion or the state. Indeed, it would not be impossible 
 to support the thesis that the city is the most important 
 of our political divisions. At present nearly one-tenth 
 of the total population of the country lives in three 
 cities, New York, Chicago, and Philadelphia. In 1910 
 the percentage of the total population residing in cities 
 of 2,500 or more inhabitants was 46.3. But it is not 
 alone the size or number of cities that makes them 
 worthy of attention. They are especially important 
 because they so vitally touch and affect the life of every 
 citizen. Where the average citizen comes in contact 
 with the state or national government at one point, he 
 comes in contact with the city at a hundred. Whether 
 water is pure or impure, whether milk is adulterated 
 or unadulterated, whether fires are few or many, 
 whether air is fresh and clear or laden with soot and 
 smoke, whether citizens are happy or unhappy, whether 
 they live or die — the city largely determines. Every 
 second individual passes his life in the city. It is lit- 
 erally, startlingly true that the city is the hope of 
 democracy. It may not be true that all will prosper 
 if the city prospers. But it is true that if the city fails 
 all will fail with it. 
 
 277 
 
278 THE PROGRESSIVE MOVEMENT 
 
 In a study of progressive principles, the city is as 
 important as the nation or the state, and in some re- 
 spects more so ; for practically every fundamental prob- 
 lem of government that arises in the larger political 
 divisions arises in the city; and because of the smaller 
 extent of the latter and its more direct contact with its 
 citizens, each problem is apt to be more definite and 
 more easily recognizable. In working out the relation 
 of government to public utilities, in experimenting with 
 new and simpler structures of government, in reducing 
 the size of ballots, in fixing the extent and methods of 
 socialization of government — cities are meeting and 
 solving problems which the state and nation must also 
 face. The city is the workshop, the experiment sta- 
 tion of democracy. 
 
 In the nation and the state, as we have seen, the 
 phases of the progressive movement are three: re- 
 moving corrupt, special influence from government ; 
 modifying the structure of government so as to make 
 it easier for the people to control; and using the gov- 
 ernment so restored to the people to relieve social and 
 economic distress. In the city, while the phases of the 
 progressive movement are essentially the same, there 
 are certain minor differences that require comment. 
 
 The first problem of the city, as of the nation or the 
 state, that would be progressive, is to become free. But 
 because of the peculiar position which cities occupy in 
 our scheme of government, freedom in the case of the 
 city means more than it does in the nation or the state. 
 It means that the city must not only shake off the in- 
 visible influences within its own limits that seek to con- 
 trol it for their own gain, but that it must go farther 
 and insure itself against unjust and wanton interfer- 
 ence with its affairs by those without its walls, in some 
 instances hundreds of miles away. To realize itself 
 
MUNICIPAL HOME KULE 
 
 279 
 
 fully, a city must, in so far as the exercise of purely 
 local functions is concerned, be free from the domina- 
 tion of the state legislature — must, in other words, have 
 municipal home rule. 
 
 Once freed from the domination of special influence 
 and from the interference of the state legislature, how- 
 ever benevolent and well-intentioned that interference 
 may be, the city is ready to modify its machinery of 
 government so as to make it more readily controllable 
 by its citizens. Expressed in other words, the progres- 
 sive city should, as a second step, adopt that form of 
 city charter that will afford to its voters the largest 
 opportunity for direct and effective participation in 
 municipal affairs. 
 
 A third phase of the progressive movement in cities 
 —a phase which does not appear to so great an extent 
 in the nation and state — is the so-called efficiency move- 
 ment. The thesis of the rapidly increasing body of 
 men who support the efficiency movement in city gov- 
 ernment is that running a city is like running a busi- 
 ness and that the success of the one, as the success of the 
 other, depends very largely on efficient and economical 
 organization and methods. Even a city with model 
 machinery of government — as for example a city oper- 
 ating under the commission or city manager plan — 
 may have an exceedingly weak government if the ma- 
 chinery is not effectively operated. 
 
 A fourth and final phase of the progressive move- 
 ment in city government is the socialization, so far as 
 practicable, of the city's activities. Municipal home 
 rule, simplified city charters and efficient administra- 
 tion are not ends in themselves, but merely means to 
 an end. The real end of government is to serve the 
 people; and for that reason the progressive movement 
 in the city purposes to extend the functions of city 
 
280 THE PROGRESSIVE MOVEMENT 
 
 government to promote the welfare and comfort of its 
 inhabitants so far as it is compatible with a free gov- 
 ernment and democratic institutions. 
 
 Unless there is a provision in the state constitution 
 to the contrary, every city is under the complete con- 
 trol of the legislature. This means that the state can 
 prescribe the city's charter, determine the number and 
 kind of functions which the city may exercise, and the 
 manner of exercising them. On the relation of the city 
 to the state, Judge Dillon, in his book, Municipal Cor- 
 porations/ says: "It is a general and undisputed 
 proposition of law that a municipal corporation pos- 
 sesses and can exercise the following powers and no 
 others. First, those granted in express words; second, 
 those necessarily or fairly implied in or incident to the 
 powers expressly granted; third, those essential to the 
 declared objects and purposes of the corporations not 
 simply convenient, but indispensable. Any fair reason- 
 able doubt concerning the existence of power is resolved 
 by the courts against the corporation and the power is 
 denied. Of every municipal corporation the charter or 
 statute by which it is created is its organic act. Neither 
 the corporation nor its officers can do any act or make 
 any contract or incur any liability not authorized there- 
 by, or by some legislative act applicable thereto. All acts 
 beyond the scope of the powers granted are void." 
 
 Speaking on the same point, Goodnow in his Munici- 
 pal Home Rule 2 says: ". . . These bodies (i. e., cities) 
 have, except as to their property rights, no legal claim 
 to protection under the general clauses in the American 
 constitution guaranteeing private rights. At quite an 
 early date in our history the United States Supreme 
 
 1 Dillon, Law of Municipal Corporations, 4th ed., p. 145. Quoted 
 by Goodnow, Municipal Home Rule, p. 45. 
 
 2 P. 31. 
 
MUNICIPAL HOME RULE 281 
 
 Court intimated that municipal corporations, except so 
 far as their property rights were- concerned, were to be 
 regarded as governmental agencies rather than as legal 
 persons, and therefore subject to legislative regulation. " 
 A quotation from the United States Supreme Court is 
 worth noting. "A municipal corporation ... is a 
 representative, not only of the state, but is a portion 
 of its governmental power. It is one of its creatures 
 made for a specific purpose, to exercise within the lim- 
 ited sphere the powers of the state. The state may 
 govern . . . the local territory as it governs the state 
 at large. It may enlarge or contract its powers, 
 or destroy its existence." * 
 
 In the absence of constitutional prohibition, there- 
 fore, there is no limit to the number and no qualifica- 
 tion of the kind (save that private property is pro- 
 tected) of acts concerning cities which the legislature 
 may pass. A few examples will suffice to show to what 
 extent the legislatures have gone in their attempt to 
 control cities, usually for selfish and corrupt purposes. 
 In 1870 the state legislature of Pennsylvania passed 
 an act appointing certain persons commissioners to take 
 charge of the construction of a new city hall in Phila- 
 delphia. The act states that "said commissioners shall 
 make requisition on the councils of said city, prior to 
 the first day of December, in each year, for the amount 
 of money requisite by them for the purpose of the 
 commission for the succeeding year; and said councils 
 shall levy a tax sufficient to raise the amount so re- 
 quired. . . ." 2 In spite of a provision in the state 
 constitution 3 that "no debt shall be contracted, or liabil- 
 
 1 Goodnow, Municipal Home Bule, p. 30, footnote. 
 
 2 Session Laws of Pennsylvania, 1871 — Appendix, 1870, pp. 
 1548-9, No. 1404. 
 
 3 Art. XV, Sec. 2. 
 
282 THE pkogkessiye movement 
 
 ity incurred by any municipal commission except in pur- 
 suance of an appropriation previously made therefor 
 by the municipal government, '* the Supreme Court of 
 Pennsylvania 1 decided that the municipal govern- 
 ment could, by mandamus, be compelled to make the 
 necessary appropriation. And so a city already bur- 
 dened with debt was placed at the mercy of an irre- 
 sponsible commission appointed by the state and given 
 great authority over the city's resources. 
 
 Another remarkable instance of wanton interference 
 by the state legislature in the affairs of a city is fur- 
 nished by the city of Pittsburgh. 2 Por many years the 
 city had been under the domination of several political 
 "bosses." About 1900 a reform movement was started 
 and the bosses were ousted. Xothing daunted, the 
 bosses carried the struggle to the state capital at Har- 
 risburg and induced the legislature to revoke the char- 
 ter of Pittsburgh and pass a new one under which they 
 might regain control. The new charter provided that 
 the governor should appoint as the executive head of the 
 city a recorder who should have the power to appoint 
 the heads of the city departments. The governor ap- 
 pointed a recorder favorable to the defeated bosses. 
 and the recorder in his turn through his control of the 
 city appointments restored the bosses to power. 3 
 
 More recent illustrations of unwarranted interfer- 
 ence by the state legislature with municipal affairs may 
 be found in current session laws of almost any state. 
 Por example, in Massachusetts in 1912 the special legis- 
 lation includes an act relative to the retirement of cer- 
 
 1 In Perkins v. Slack. S6 Pa. 270. 
 
 2 For a picturesque account of municipal corruption in Pitts- 
 burgh, see McClvre's, Vol. XXL p. 24: Pittsburgh: A City 
 Ashamed, by Lincoln Steffens. 
 
 3 Act of the General Assembly Xo. 14. Approved March 7, 1901. 
 
MUNICIPAL HOME RULE 283 
 
 tain veterans in the service of the city of Lynn ; 1 an 
 act to authorize the city of Boston to pension the widow 
 of Daniel T. Dineen ; 2 and an act to authorize the lay- 
 ing out of a street over a part of Mugford Park in 
 Marblehead. 3 To check legislative interference that 
 was running riot, many states very early found it neces- 
 sary to restrain the state legislature by means of the 
 state constitution. The earliest of these constitutional 
 restraints was the prohibition against the enactment by 
 the state legislature of so-called special legislation, i. e., 
 legislation affecting a single city. These special acts 
 aimed at by the provision in the state constitution were 
 of three different kinds : special acts incorporating cit- 
 ies ; special acts amending or modifying the charters of 
 cities; and special acts regulating the local or internal 
 affairs of cities. 
 
 The provision concerning special legislation in the 
 New York constitution is particularly worthy of notice. 
 Art. XII, Sec. 2, provides : "After any bill for a spe- 
 cial city law, relating to a city, has been passed by both 
 branches of the legislature, the house in which it origi- 
 nated shall immediately transmit a certified copy 
 thereof to the mayor of such city, and within fifteen 
 days thereafter the mayor shall return such bill to the 
 house from which it was sent . . . with the mayor's 
 certificate thereon, stating whether the city has or has 
 not accepted the same. In every city of the first class, 
 the mayor, and in every other city, the mayor and the 
 legislative body thereof concurrently shall act for such 
 city as to such bill. . . . Whenever any such bill is 
 accepted as herein provided, it shall be subject as are 
 other bills, to the action of the governor. Whenever, 
 
 'Chap. 55, Laws of 1912. 
 'Chap. 85, Laws of 1912. 
 •Chap. 65, Laws of 1912. 
 
284 THE PROGRESSIVE MOVEMENT 
 
 during the session at which it was passed, any such bill 
 is returned without the acceptance of the city or cities 
 to which it relates, or within such fifteen days is not re- 
 turned, it may nevertheless again be passed by both 
 branches of the legislature, and it shall then be subject 
 as are other bills, to the action of the governor." 
 
 Prevented from controlling cities through special 
 laws applicable to only one city, the state legislatures, 
 to control the cities at all, had to control them through 
 general laws. 1 In most cases, the state constitutions in 
 forbidding the legislatures to enact special laws direct 
 them to pass general acts, applicable to a class of cities 
 instead of to one. The theory back of the requirement 
 that the legislature enact only general laws is, of course, 
 that charter tinkering and special jobbing are more dif- 
 ficult when the legislature is dealing with all cities or all 
 cities of a particular class, than when it is dealing with 
 only one city. The legislatures, however, have over- 
 come the difficulty very readily. Some of the state 
 constitutions, in directing tnat cities be classified, direct 
 the legislature to classify in proportion to the popula- 
 tion of the cities and to make no more than a certain 
 number of classes. Most of the provisions, however, 
 place no limit on the number of classes which the legis- 
 lature may create. The legislatures, with their usual 
 keenness where political gain is concerned, have been 
 quick to take advantage of the opportunity. They have 
 made so many classes that in some cases each important 
 city in the state is in a class by itself. By providing for 
 eight or ten classes and grading the classes properly, 
 the legislature has nullified the constitutional prohibi- 
 x The constitution of New York State (Art. XII, Sec. 2) defines 
 a general law thus: "General city laws are those which relate to 
 all the cities of one or more classes; special city laws are those 
 which relate to a single city, or to less than all the cities of a 
 class. ' ' 
 
MUNICIPAL HOME KULE 
 
 285 
 
 tion against special legislation and may now by stating 
 that a particular law applies to "all cities of the first 
 class," conform to the letter of the constitution, but by 
 placing only a solitary city in that class violate its 
 spirit. 
 
 The conditions that existed in Ohio up to eight or ten 
 years ago illustrate very well how easily state legis- 
 latures may make nugatory prohibitions against special 
 legislation. The constitution of Ohio adopted in 1851 
 enjoined the legislature from passing any specal legis- 
 lation for cities and required the enactment of general 
 laws. The state legislature divided the cities into 
 classes as follows. 1 
 
 Class I 
 
 Grade 1. Over 200,000 (Cincinnati). 
 
 Grade 2. From 90,000 to 200,000 (Cleveland). 
 
 Grade 3. From 31,5Q0 to 90,000 (Toledo). 
 
 Grade 4. Those promoted from Class II (None). 
 
 Class II 
 
 Grade 1. From 30,500 to 31,500 (Columbus). 
 Grade 2. From 20,000 to 30,500 (Dayton). 
 Grade 3. From 10,000 to 20,000 ( Youngstown) . 
 Grade 3a. From 28,000 to 33,000 (Springfield). 
 Grade 4. From 8,000 to 10,000 (Four cities). 
 Grade 4a. From 8,330 to 9,050 (Ashtabula). 
 
 The Ohio situation was somewhat extreme and yet 
 similar classifications have been made in other states to 
 
 1 Eeport of the Municipal Home Eule Committee of the Munici- 
 pal Association of Cleveland, 1912, pp. 10-11. 
 
 
286 THE PROGRESSIVE MOVEMENT 
 
 comply with the letter of the constitution and evade its 
 spirit. Cities in Xew York State are divided into 
 three classes. Cities of the first class are cities having 
 a population of 175,000 or more. Only three cities come 
 under this class, i. e., Xew York, Buffalo, and Roches- 
 ter. In Alabama, a general law providing for commis- 
 sion government was passed for cities of 100,000 and 
 more. Birmingham is the only city affected, the next 
 largest city in the state being Mobile with a population 
 of about 51,000. In California, a state that allows its 
 cities to make their own charters, the following com- 
 plex classification is used : 
 
 First Class.— Cities over 400,000. 
 
 First and One-half Class. — Cities between 250,000 
 
 and 400,000. 
 Second Class.— Cities between 100,000 and 250,- 
 
 000. 
 Second and One-half Class. — Cities between 35,- 
 
 000 and 100,000. 
 Third Class.— Cities between 23,000 and 35,000. 
 Fourth Class.— Cities between 20,000 and 23,000. 
 Fifth Class. — Cities between 6,000 and 20,000. 
 Sixth Class. — Cities 6,000 and under. 
 
 Some state constitutions, to guard against abuses in 
 classification, have limited the number of classes into 
 which the legislature may divide cities. 1 But even this 
 precaution does not insure cities against unfair special 
 legislation. 
 
 Prohibitions against special legislative tinkering 
 with cities have proved totally inadequate. Realizing 
 
 1 For example, Colorado limits the number of classes that may 
 be created to four, Kentucky to six, Missouri to four, South Da- 
 kota to four, and Wyoming to four. 
 
MUNICIPAL HOME RULE 287 
 
 this, some of the states have gone a step farther and in 
 their constitutions have given cities the right to make 
 and amend their own charters. It is sometimes said 
 that these states have granted complete home rule, 
 but such statements are inaccurate because home rule 
 involves the right to regulate internal affairs as well as 
 the right to make and amend charters; and, although 
 cities in these so-called home rule states may freely 
 make and amend their own charters so far as the char- 
 ters concern the form or structure of government, they 
 are frequently subject to legislation affecting their in- 
 ternal affairs. Nevertheless the city that can determine 
 the form or structure of its government has the most 
 definite and tangible benefits of home rule and, from 
 one point of view, the most important; for with this 
 right cities may modify their structure of government 
 as they will and thus make it more responsive to its 
 citizens. 
 
 Twelve states thus far (1914) have granted their 
 cities the right of home rule. They are : 
 
 Missouri 1876 Oklahoma 1907 
 
 California 1879 Michigan 1908 
 
 Washington 1889 Arizona 1911 
 
 Minnesota 1896 Ohio 1912 
 
 Colorado 1902 Nebraska 1912 
 
 Oregon 1906 Texas* 1912-1913 
 
 The extent to which home rule is enjoyed by cities 
 in these twelve states is determined, partly by the pro- 
 visions of the constitution itself ; but to an even greater 
 degree by the decisions of the courts interpreting those 
 
 1 Constitutional amendment passed in 1912. Cities were em- 
 powered by the state legislature to take advantage of the amend- 
 ment in 1913. 
 
288 THE PROGRESSIVE MOVEMENT 
 
 provisions. The line of demarcation between the func- 
 tions of the city and those of the state is so indefinite 
 that it is practically impossible in any constitution to 
 establish it beyond dispute. Theoretically, municipal 
 home rule guarantees to cities the right to control local 
 affairs, but the great difficulty arises when an attempt 
 is made to find for ''local affairs'' a suitable definition. 
 In the absence of any constitutional provision to the 
 contrary it is well established that the state has com- 
 plete power over the affairs of the city, and in claiming 
 the right to exercise any function the burden of proof 
 is on the municipality. To what extent this situation 
 is modified by constitutional provisions restricting the 
 legislature or vesting authority in the cities is so uncer- 
 tain that different courts in different states have given 
 to practically the same words an almost directly oppo- 
 site meaning. The result is that the courts can without 
 greatly straining the language of the constitution give 
 to cities almost complete home rule or keep them in 
 almost complete subjection to the state legislature. 
 
 In some states the extent to which the home rule 
 provisions apply is specifically limited by restricting the 
 right to govern themselves to cities of a certain popula- 
 tion. Thus in Missouri the home rule provisions of 
 the constitution apply to cities of over 100,000 in- 
 habitants; in California, to cities of over 3,500; in 
 Washington, to cities over 20,000; in Texas, to cities 
 over 5,000; and, in Nebraska, to cities of over 5,000. 
 In Missouri the limitation is serious because only two 
 cities, St. Louis and Kansas City, meet the requirement 
 of the constitution. This restriction of the right to 
 self-government to cities of a certain size shows clearly 
 the struggle cities have had to make to obtain home 
 rule. Xot until they were forced by the growing size 
 and importance of their cities have states accorded to 
 
MUNICIPAL HOME RULE 289 
 
 them the right to administer their own affairs; and 
 when the states did yield it was only to the strongest 
 and most powerful municipalities. 
 
 The provisions in the constitutions of the twelve states 
 that have granted cities home rule vary widely. The 
 Missouri constitution 1 provides that a any city having 
 a population of more than 100,000 inhabitants may 
 frame a charter for its own government consistent with 
 and subject to the constitution and laws of this state," 
 and then goes on to prescribe the procedure for the 
 formation and adoption of the charter. Sec. 17 pro- 
 vides that "it shall be a feature of all such charters 
 that they shall provide, among other things, for a mayor 
 or chief magistrate and two houses of legislation, one 
 of which at least shall be elected by general ticket." 2 
 The serious limitations in the constitution itself, apart 
 from any construction placed upon them by the courts, 
 are: 
 
 1. Home rule is limited to two cities. 
 
 2. The kind of government is in part prescribed, 
 making impossible the adoption of such progressive 
 types of city government as the commission plan and 
 the city manager plan. 
 
 The constitution of California adopted in 1879, 
 provided 3 that "any city containing a population of 
 more than 100,000 may frame a charter for its own 
 government, consistent with and subject to the consti- 
 tution and laws of this state. . . ." 4 The charter after 
 
 1 Art. IX, Sec. 16. 
 
 'Amended so far as St. Louis is concerned in 1902. The consti- 
 tution now requires only one legislative body, which must be 
 elected by general ticket. 
 
 3 Art. XI, Sec. 8. 
 
 4 An amendment adopted in 1896 provides that "cities and 
 towns . . . and all charters thereof, except in municipal affairs, 
 shall be subject to and controlled by general laws." Art. XI, 
 Sec. 6. 
 
290 THE PROGRESSIVE MOVEMENT 
 
 it has been ratified by the city must be submitted a to the 
 legislature for its approval or rejection as a whole, 
 without power of alteration or amendment." The con- 
 stitution was amended in 1887 to include cities of more 
 than 10,000 and again in 1890 to include "any city 
 containing a population of more than 3,500 in- 
 habitants." 1 
 
 In addition to the right to frame their own charters, 
 California gives its cities the power to "make and en- 
 force within its (their) limits all such local, police, 
 sanitary and other regulations as are not in conflict with 
 general laws ;" 2 and forbids the legislature "to impose 
 taxes upon counties, cities, towns, or other public or 
 municipal corporations . . . for county, city, town or 
 other municipal purposes/' directing the legislature "by 
 general laws" to "vest in the corporate authorities 
 . . . power to assess and collect taxes for such pur- 
 poses." 3 
 
 In addition, cities in California are authorized by the 
 constitution to provide in their charters for 
 
 1. The constitution, regulation, government, and 
 
 jurisdiction of police courts. 
 
 2. The election, term of office, qualifications, com- 
 
 pensation, etc., of boards of education. 
 
 3. The election, term of office, constitution, regu- 
 
 lation, compensation, and government of po- 
 lice boards. 
 
 4. The general conduct of city elections and con- 
 
 trol of election boards. 4 
 
 1 Art. XI, Sec. 8. 
 
 'Art. XI, Sec. 11. 
 
 8 Art. XI, Sec. 12. 
 
 4 Art. XI, Sec. 8%, further provides that, " where a city and 
 county government has been merged . . . into one government, it 
 shall be competent ... to provide for the manner in which, the 
 
MUNICIPAL HOME RULE 291 
 
 The Washington state constitution provides that "any 
 city containing a population of 20,000 inhabitants, or 
 more, shall be permitted to frame a charter for its own 
 government, consistent with and subject to the consti- 
 tution and laws of this state." 1 There follow directions 
 in detail concerning the procedure cities are to use in 
 framing and adopting their charters. In addition to the 
 right to make their own charters, cities are definitely 
 given authority to adopt such local police, sanitary, and 
 other regulations as "are not in conflict with general 
 laws." 2 
 
 The Minnesota constitution provides 3 that "any city 
 or village in this state may frame a charter for its own 
 government as a city consistent with and subject to the 
 laws of this state." The method of framing and adopt- 
 ing the charter is then prescribed in detail. Origi- 
 nally the constitution required that all charters should 
 provide for "a mayor, or chief magistrate, and a legis- 
 lative body of either one or two houses, if of two houses, 
 at least one of them shall (should) be elected by general 
 vote." 4 This was amended in 1911 to read "any such 
 charter or any amendment or revision thereof may pro- 
 vide for the commission form of government having 
 legislative and administrative powers or it may provide 
 for a mayor or chief magistrate and a legislative body 
 
 times at which, and the terms for which the several county and 
 municipal officers and employees whose compensation is paid by 
 such city and county, excepting judges of the Supreme Court, 
 shall be elected or appointed, and for their recall and removal, 
 and for their compensation and for the number of deputies, clerks 
 and other employees that each shall have, and for the compensa- 
 tion, method of appointment, qualifications, tenure of office and 
 removal of such deputies, clerks and other employees." 
 
 *Art. XI, Sec. 10. 
 
 2 Art. XI, Sec. 11. 
 
 •Art. IV, Sec. 36. (As amended, 1911.) 
 
 4 Art. IV, Sec. 36. 
 
292 THE PROGRESSIVE MOVEMENT 
 
 of either one or two houses ... or it may provide for 
 any other plan or system of municipal government" not 
 inconsistent with the state constitution. 1 
 
 Another clause of the Minnesota home rule pro- 
 vision which might seem to limit a city's freedom in 
 adopting a new charter is the provision that a charter 
 commission of fifteen is to be appointed by the district 
 judges and not elected by the people. It is possible, 
 however, for cities to evade this provision, if they have 
 already adopted a home rule charter. The constitu- 
 tion provides that the charter commission must upon 
 the written application of ten per cent, of the qualified 
 electors submit amendments at the next election. By 
 retaining the first few sections of an old charter and 
 proposing the rest as an amendment, cities can adopt 
 practically any kind of charter they choose without the 
 cooperation of the charter commission. 2 In so far, 
 however, as this provision affects cities that have not 
 already adopted home rule and must therefore rely 
 upon a charter commission appointed by the district 
 judges for a new charter and amendments, the home 
 rule provisions of the Minnesota constitution are open 
 to criticism. 
 
 The Colorado provisions for home rule 3 apply to 
 Denver and other cities with a population of over 2,000 
 and are extremely liberal. Cities are given power, 
 "within or without its (their) territorial limits, to con- 
 struct, condemn and purchase, purchase, acquire, lease, 
 add to, maintain, conduct and operate, water works, 
 light plants, power plants, transportation system, heating 
 plants, and any other public utilities or works or ways, 
 
 a Laws of Minnesota for 1911, Chap. 393. 
 
 2 St. Paul adopted this plan in the ease of its charter of 1912, 
 which is a new charter under the guise of amendments to the 
 old one. 
 
 3 Art. XX, Sees. 1, 4, 5 and 6. (Amendment adopted in 1902.) 
 
MUNICIPAL HOME RULE 293 
 
 local in use or extent, in whole or in part, and every- 
 thing required therefor, . . . and any such systems, 
 plants or works or ways, or any contracts in relation or 
 connection with either . . . may be purchased by said 
 city, which . . . shall have the power to issue bonds 
 upon the vote of the taxpaying electors ... in any 
 amount necessary to carry out any of said powers or 
 purposes, as may by the charter be provided." Cities of 
 the first and second class have exclusive power in the 
 making, altering, revising or amending their charter. A 
 certain per cent, of the qualified electors may petition 
 the council for a charter amendment or a charter con- 
 vention. If the proposal to have a charter convention 
 is accepted, twenty-one taxpayers are elected to frame 
 and submit a charter which, if approved by a majority 
 of those voting thereon, becomes the organic law of the 
 city. The only express limitation on charters is the 
 provision that u no such charter, charter amendment or 
 measure shall diminish the tax rate for state purposes 
 fixed by act of the general assembly, or interfere in any 
 wise with the collection of state taxes." 2 
 
 The Oregon constitution is very concise in its home 
 rule grant to cities. It says : 3 "The legislative assem- 
 bly shall not enact, amend, or repeal any charter or act 
 of incorporation for any municipality, city or town. 
 The legal voters of every city and town are hereby 
 granted power to enact and amend their municipal 
 charter, subject to the constitution and criminal laws 
 of the State of Oregon." 
 
 1 If 5 per cent., the amendment or proposal to have a charter 
 convention is voted on at the next general election; if 10 per 
 cent., at a special election to be held not less than 30 nor more 
 than 60 days after filing of petition. No special election on 
 the same proposal may be held within two years. 
 
 2 Art. XX, Sec. 5. 
 
 3 Art. XI, Sec. 2. (As amended June 4, 1906.) 
 
294 THE PROGKESSIVE MOVEMENT 
 
 Oklahoma 1 grants cities of more than 2,000 in- 
 habitants the right to frame their own charters. The 
 procedure is briefly as follows : The legislative body in 
 the city or 25 per cent, of the voters may demand an 
 election to determine whether a new charter shall be 
 adopted. If a majority favor a new charter, a board 
 of freeholders, two from each ward, is elected. This 
 board frames a charter which, after sufficient advertise- 
 ment, is submitted to the voters of the city. If a ma- 
 jority approve, it is submitted for approval to the gov- 
 ernor. The governor is required to approve if the char- 
 ter is not in conflict with the constitution and laws of 
 the state. 
 
 In Michigan the legislature is directed to provide by 
 a general law for the incorporation of cities. Munici- 
 palities have the authority to frame, adopt, and amend 
 their charters as well as to "pass all laws and ordi- 
 nances relating to municipal concerns, subject to the 
 constitution and general laws of the state." 2 While at 
 first this appears to leave room for legislative interfer- 
 ence and dominance in local affairs, in practice it has 
 worked out to give cities considerable freedom. In addi- 
 tion to the right to make and amend their charters, cer- 
 tain other specific rights are given: "to acquire, own 
 and operate either within or without its (their) cor- 
 porate limits, public utilities for supplying water, light, 
 heat, power and transportation." 3 A city may sell or 
 deliver water, light, heat, and power without its cor- 
 porate limits to an amount not to exceed 25 per cent, of 
 that furnished by it within the corporate limits, and 
 
 1 Art. XVIII, Sees. 3a and 3b. 
 
 2 Art. VIII, Sees. 20-21. 
 
MUNICIPAL HOME RULE 295 
 
 may operate transportation lines outside the city within 
 such limits as may be prescribed by law. 1 
 
 Under the constitution of Arizona, any city with a 
 population of more than 3,500 may frame a charter for 
 its own government subject to the constitution and laws 
 of the state. The manner in which the charter is to be 
 framed and adopted is prescribed in detail. As in Okla- 
 homa, the charter adopted by the city is sent to the 
 governor, who must approve if it does not conflict "with 
 this constitution or with the laws of the state." 2 
 
 The Ohio constitution of 1912 provides 3 that "any 
 municipality may frame or adopt or amend a charter 
 for its government, and may, subject to the provisions 
 of section 3 of this article, exercise thereunder ail pow- 
 ers of local self-government." Section 3 contains the 
 familiar limitation "as are not in conflict with general 
 laws." Many miscellaneous powers are given to cities, 
 the most important of which are the power to adopt 
 local police and sanitary regulations; and the power to 
 construct and operate public utilities within or without 
 corporate limits. 4 The specific provisions regulating 
 the framing and adopting a charter are substantially 
 the same as those in Oklahoma except that the approval 
 of the governor is unnecessary. An interesting provi- 
 sion is that which requires a copy of the proposed char- 
 ter to be mailed not less than thirty days before election 
 to each elector whose name appears upon the poll or 
 registration books of the last regular or general elec- 
 tion. 
 
 By an amendment 5 to the constitution of Nebraska 
 
 1 Cities of less than 25,000 may not own or operate transporta- 
 tion facilities. 
 
 2 Art. XIII, Sec. 2. 
 
 3 Art. XVIII, Sec. 7. 
 
 4 Art. XVIII, Sees. 3, 4, 5. 
 
 6 See Chapter 227, Laws of 1911, for text of amendment. 
 
296 THE PROGRESSIVE MOVEMENT 
 
 adopted in 1912, cities in that state with a population 
 of more than 5,000 may now make their own charters. 
 There is no restriction on the city save that found in 
 most constitutional home rule provisions that the char- 
 ter must be "consistent with and subject to the consti- 
 tution and laws of this state." 
 
 The latest of the states to adopt a constitutional home 
 rule amendment is Texas. In 1912 the proposed amend- 
 ment was submitted to the people and ratified; and in 
 1913 the state legislature passed a law giving the 
 amendment effect. The amendment provides that 
 "cities, having more than five thousand inhabitants, 
 may, by a majority of the votes of the qualified electors 
 of said city, at an election held for that purpose, adopt 
 or amend their charters, subject to such limitations as 
 may be prescribed by the legislature, and providing that 
 no charter or any ordinance passed under said charter 
 shall contain any provision inconsistent with the con- 
 stitution of the state or the general laws enacted by the 
 legislature of the state. . . ." x The year after the 
 amendment was ratified, the legislature passed a law, 
 prescribing, in accordance with the constitutional 
 amendment, the extent to which municipalities might 
 govern themselves and the methods by which the privi- 
 lege of home rule was to be exercised. In the law, direc- 
 tions are given concerning the drafting and ratification 
 of charters and some of the powers of self-government 
 granted to cities under the amendment are definitely 
 enumerated. In section four of the act, the legislature 
 expressed its intention of giving to the cities of the state 
 the full benefit of the home rule amendment, declaring 
 "that by the provisions of this Act, it is contemplated 
 to bestow upon any city adopting the charter or amend- 
 1 Constitution of Texas, Art. XI, Sec. 5. 
 
MUNICIPAL HOME KULE 297 
 
 ment hereunder the full power of local self-govern- 
 ment. . . ." x 
 
 The interpretations placed upon these provisions by 
 the courts vary widely. The difficulty arises in connec- 
 tion with a clause found in practically every one of the 
 home rule provisions — a clause, too, which must be 
 there if cities are not to be independent sovereignties — 
 to the effect that the city charter must be "consistent 
 with and subject to the general laws of the state." Some 
 courts have maintained that this clause does not mean 
 that a state legislature by passing a general law can 
 nullify any law on the same subject passed by a munici- 
 pality, but that it applies only when cities go beyond 
 the exercise of their local functions and conflict with 
 laws or regulations that concern the entire state. Other 
 courts have held that home rule gives cities the right 
 to control local affairs only so long as the legislature 
 does not see fit to control them; and that as soon 
 as the legislature passes a law on a subject on which a 
 municipality has already legislated, the law of the latter 
 becomes null and void. 
 
 Of the states where the question of the extent to 
 which the state legislature controls the city has come 
 up for judicial determination, Ohio illustrates one ex- 
 treme view and Washington another. In Ohio the 
 courts have decided that cities are to be presumed to 
 have complete authority over all local functions and 
 that when the city's authority is questioned the burden 
 is upon the one who disputes it to show that the city's 
 authority is limited. In Washington, on the other 
 hand, the courts have held that if the legislature passes 
 a law on any subject, that law is supreme. It makes no 
 difference whether the city has passed a law previously 
 on the same subject or whether the matter is purely one 
 
 1 General Laws of Texas, 1913, Chap. 147. 
 
298 THE PEOGEESSIVE MOVEMENT 
 
 of local concern. It is not even necessary that the city 
 law conflict with the state law. If it is on the same sub- 
 ject, it is annulled. 
 
 Here, as in so many other contests for progress and 
 reform, the last stronghold to be taken is the courts. 
 After years of struggle against legislative meddling 
 with local affairs, cities in a few states have obtained 
 the constitutional right to be free. But even this right 
 may be taken away if the courts by their decisions 
 emasculate the constitutional provisions. Fortunately, 
 thus far, Washington is an extreme case. In most of 
 the states that have constitutional home rule, the 
 courts by their rulings have secured to the cities a large 
 measure of freedom. 
 
 Municipal home rule is the corner-stone of the pro- 
 gressive movement in American cities. Without it, it 
 is true, cities may, and in some instances are, adopting 
 advanced forms of city charters, improving the effi- 
 ciency and promoting the economy of city government 
 and socializing the city's activities. But so long as cities 
 are controlled to any considerable degree by state legis- 
 latures, this work must go on in a stumbling, halting 
 way. The issue between those who favor and those who 
 oppose municipal home rule goes to the heart of 
 democracy itself. It is the issue of freedom and the 
 right of the people to rule themselves. Not until cities 
 are free and have all the privileges and responsibilities 
 that always accompany freedom will they measure up 
 to their opportunity and fulfill their true function in 
 our political life. 
 
CHAPTER XIV 
 
 THE CHARTER MOVEMENT 
 
 A second phase of the progressive movement in cit- 
 ies is the tendency manifesting itself all over the United 
 States to adopt a simpler form of city charter for the 
 purpose of making municipal government more directly 
 responsive to popular control. Although it is true that 
 cities can simplify — and in fact many cities have al- 
 ready simplified their structure of government through 
 the state legislature and without municipal home rule 
 — nevertheless the so-called charter movement may be 
 regarded as the logical next step for cities that have 
 through constitutional provisions shaken off legislative 
 dominance and obtained the right to choose their own 
 form of government and manage their own internal 
 affairs. 
 
 It should be remembered, however, that home rule 
 does not guaranty good city government any more than 
 the right to be virtuous insures virtue. Home rule 
 merely gives to the city a large opportunity to be effi- 
 cient. A city under the complete dominance of its state 
 legislature may have a better government than a city 
 with the broadest home rule powers if the state legis- 
 lature is benevolent and the city careless in civic affairs. 
 The government of New York under the charter given 
 to it by the state is more efficient than the government 
 of Denver under a charter of its own making. Cities, 
 
 299 
 
300 THE PEOGEESSIVE MOVEMENT 
 
 after escaping from the bondage of state legislatures, 
 may wander many years in the wilderness of bad gov- 
 ernment before reaching the promised land of true 
 democracy. 
 
 For the city that has obtained the right to choose its 
 own charter and is seeking the type that will make pos- 
 sible the greatest efficiency in its government, there are 
 available several new kinds of municipal charters 
 worked out by progressive cities since the beginning of 
 the century. Of these the most important and the most 
 widely adopted are the commission plan and the city 
 manager plan. The fundamental purpose underlying 
 these two types of city government — and in fact the 
 whole charter movement — is twofold. First, cities aim 
 to adopt that form of city government which, by its 
 simplicity, its absence of checks and balances, its con- 
 centration of authority and responsibility, may be easily 
 controlled. Secondly, they aim to evolve efficient instru- 
 ments and devices of control. In other words, cities 
 are concerned with the problem of finding simple ma- 
 chinery of government and the means with which to 
 operate it. A discussion of the charter movement in 
 cities, therefore, involves not only a discussion of the 
 commission plan and the city manager plan as forms of 
 city government, but also consideration of non-partisan 
 primaries, preferential voting, corrupt practices acts, 
 proportional representation, the initiative, the referen- 
 dum, and the recall as instruments with which these 
 forms may be successfully controlled. 
 
 The first city in the United States to adopt the so- 
 called commission plan of city government was Gal- 
 veston, Texas. In September, 1900, the city was laid 
 waste by a hurricane of unusual violence accompanied 
 by a great tidal wave. The old council form of gov- 
 ernment, ineffective even under normal conditions, was 
 
THE CHARTER MOVEMENT 301 
 
 utterly unable to meet the situation. To save the city 
 from complete ruin and to effect its rehabilitation 
 as speedily as possible, an appeal was made to the gov- 
 ernor ^and legislature of the state to grant a charter 
 providing for an emergency board of five men to be 
 appointed by the governor 1 and to have complete con- 
 trol over the city. The governor and the state legisla- 
 ture consented, and in September, 1901, Galveston be- 
 gan its career as the first commission-governed city in 
 the country. 
 
 The success of the commission appointed in Galveston 
 in building an enormous sea-wall, in repaving streets, in 
 restoring the city's credit, and in reconstructing the city 
 generally, so impressed the neighboring city of Hous- 
 ton, Texas, that in 1905 it, too, applied for and obtained 
 a charter essentially similar to that of Galveston. In 
 1907 a prominent lawyer of Des Moines, having been 
 impressed by the commission plan while on a trip 
 through the South, on his return to Iowa, began a cam- 
 paign to obtain commission government for Des Moines. 
 In 1907 the legislature of Iowa passed a general law 
 enabling cities with a population of 25,000 or over to 
 adopt the commission plan. Des Moines took advan- 
 tage of this act in 1907 and made the Des Moines 
 Plan of city government known all over the country. 
 Cedar Rapids followed in 1909 ; and since then cities 
 in all sections of the United States have followed in 
 quick succession until at the present time about three 
 hundred cities are operating under the commission 
 plan. 2 
 
 1 The constitutionality of this provision of the charter was suc- 
 cessfully questioned, and it was changed so as to provide for the 
 election of five commissioners by the citizens of Galveston. See 
 Bradford, Commission Government in American Cities, p. 6. 
 
 2 There are three ways in which cities may now acquire the 
 right to adopt this new form of city government: first, under 
 
302 THE PROGRESSIVE MOVEMENT 
 
 JSTaturally, there are almost as many variations in 
 the provisions of the commission charters that have 
 been adopted as there are cities that have adopted them. 
 In every case, however, no matter how much charters 
 may differ as to minor details, they have certain fun- 
 damental features in common. These fundamental 
 features of commission charters are four: 
 
 1. Authority and responsibility are centralized. 
 
 2. The number of men in whom this authority 
 
 and this responsibility are vested is small. 
 
 3. These few men are elected from the city at 
 
 large and not by wards or districts. 
 
 4. Each man is at the head of a single depart- 
 
 ment. 
 
 1. Until recently most city charters, in imitation of 
 the federal and state constitutions, provided for a dis- 
 tribution of powers among the three branches of gov- 
 ernment, the executive, the legislative, and the judicial. 
 The mayor, with his heads of departments, constituted 
 the executive department, a council, often bicameral, 
 constituted the legislative department, and the state 
 courts within the city limits supplemented by minor 
 city courts constituted the judicial department. The 
 theory back of this division of authority was that the 
 most efficient government can be obtained only when 
 power is wisely distributed among the several branches 
 
 the authority of a special act passed by the state legislature, as 
 in the case of Galveston and Houston ; second, under the authority 
 of a general state law, allowing all cities of a certain size to 
 adopt a law prescribed by the state, as in the case of Des Moines 
 and Cedar Rapids; and, finally, by adopting the commission plan 
 of its own choice under the authority of a home rule provision 
 in the state constitution, as in the case of Oakland and Sacra- 
 mento. 
 
THE CHARTER MOVEMENT 303 
 
 of government so that one branch will act as a check 
 upon the others. 
 
 In practice, so far as cities are concerned, this plan 
 has signally failed. It has failed largely because it 
 proceeded on the assumption that city government is 
 analogous to state and national government and that a 
 system that works well for one will work well for all. 
 As a matter of fact, there is a closer analogy between 
 the management of a city and the management of a 
 business corporation than there is between the manage- 
 ment of a city and the management of the nation or of 
 a state. City administration is largely a business prob- 
 lem and must adopt the methods of business ; and just 
 as any large business corporation would fail if the con- 
 duct of its affairs were entrusted to a number of indi- 
 viduals or groups of individuals for the express purpose 
 of having some check others, so city business has failed 
 because state legislatures have entrusted the adminis- 
 tration of the affairs of cities to various bodies that 
 could not agree upon and were meant not to agree upon 
 a plan of action. 
 
 The most serious practical defect of this "checks and 
 balances" type of city charter is the divorcement of 
 authority from responsibility. This defect manifests it- 
 self in at least two ways. In the first place, under the 
 old type of city government, it is almost impossible to 
 fix responsibility with certainty. If, for example, a 
 great fire breaks out in a city and an attempt is made 
 to fasten the blame upon the mayor, he may with some 
 degree of plausibility say that he could not prevent fires 
 because he was not given sufficient money by the city 
 council to supply efficient fire apparatus. In the sec- 
 ond place, the severance of responsibility from author- 
 ity places an executive or administrator in the position 
 of being forced to ask the council to pass ordinances 
 
304 THE PROGRESSIVE MOVEMENT 
 
 regulating matters concerning which the executive or 
 administrator knows everything and the council prac- 
 tically nothing. Ordinances and regulations governing 
 details of administration should be passed by those im- 
 mediately responsible for their execution. If, for exam- 
 ple, the police department feels the need of additional 
 rules regulating the licensing of street venders, it should 
 have the power to pass the rules which its experience 
 teaches will be adequate to meet the situation instead of 
 depending upon a council the members of which are 
 probably ignorant on the whole matter. 
 
 The commission form of city government removes 
 these weaknesses that exist in the old plan of city gov- 
 ernment by concentrating in the one board all adminis- 
 trative and legislative powers. It is not possible for the 
 members of the commission, if a holocaust happens, to 
 disclaim all responsibility. They are directly responsi- 
 ble, for they had the power to make regulations as well 
 as the power to carry them into effect. ISTor is it neces- 
 sary where such a concentration of power exists for 
 administrators to appeal to a legislative body for au- 
 thority to adopt regulations which the administrators 
 find necessary. The commission that executes the ordi- 
 nances makes them and the fault is its own if it does 
 not make those that it needs. 1 
 
 2. Power centralized in the hands of fifty men 
 would not result in commission government. It is not 
 centralization alone that the commission form empha- 
 sizes; it is centralization in the hands of a few men. 
 Thus in no instance does a commission charter provide 
 
 *It seems hardly necessary to remind the reader that the pow- 
 ers of the commission are limited by the provisions of the charter, 
 and that the commission could not pass laws in violation of them. 
 It is in the making of minor rules and regulations that the com- 
 mission has complete authority. 
 
THE CHARTEK MOVEMENT 305 
 
 for more than nine commissioners, and in the majority 
 of cases the number is limited to five. 
 
 The advantages of such concentration are obvious. 
 In the first place, it tends to induce abler men to enter 
 politics. Capable men demand responsibility and au- 
 thority, and when they realize that they are to be mem- 
 bers of a commission of five in whose hands the man- 
 agement of the affairs of the entire city is to be placed, 
 they are very likely to become interested. In the sec- 
 ond place, the fact that there are only a few men at 
 the head of the city government makes it possible for 
 citizens to take a more active and intelligent interest 
 in municipal affairs. Each commissioner is a conspicu- 
 ous figure, known all over the city ; the acts of the com- 
 mission are easy to follow; and the individual citizen 
 knows exactly to whom he should go to make his protest 
 count. In the third place, a small commission makes 
 possible the transaction of a large amount of business 
 effectively and expeditiously. There are no lengthy de- 
 bates ; the five commissioners gather about a table in the 
 council room, talk over a proposition informally, dis- 
 cuss it from all angles, and then cast their votes. 
 
 3. In the election of the council by the city at large, 
 the commission form again departs radically from the 
 old "checks and balances" plan. Under the old plan 
 each section or ward was given separate representation 
 in the city council, while under the commission form 
 the members of the commission are elected from the 
 city at large. Election at large is an almost unqualified 
 improvement over ward representation. Candidates 
 must be more widely known and therefore in all proba- 
 bility are better qualified ; there is less opportunity for 
 machine manipulation of votes ; and, most important of 
 all, the interests of the whole city and not those of any 
 
306 THE PROGRESSIVE MOVEMENT 
 
 particular section are likely to be uppermost in the 
 minds of the commissioners. 
 
 4. In every commission city each commissioner is 
 placed at the head of a particular department. Thus in 
 Des Moines there are five departments — public affairs, 
 accounts and finance, public safety, streets and pub- 
 lic improvements, and parks and public property — 
 with a commissioner at the head of each. In many 
 cities one of the commissioners, in addition to serving 
 as head of a city department, acts as mayor and in that 
 capacity presides over council meetings and represents 
 the city at public ceremonies. Usually, however, the 
 commissioner who serves as mayor has no veto power 
 over the acts of the commission. Commissioners are 
 assigned to their respective departments in one of three 
 ways: they may be elected to the particular depart- 
 ments by the voters themselves; they may be assigned 
 to a department by the commission as a whole; or, 
 finally, they may be assigned by the mayor. 
 
 There has been considerable discussion concerning 
 the relative advantages of the first of these methods, 
 viz., ''election to a specific office" and the two others, 
 namely, "election at random." * In support of the first 
 method, it is urged that commissioners feel their re- 
 sponsibility to voters more keenly when they have been 
 elected to a specific office ; that better men can be chosen 
 because there is an opportunity to study the qualifica- 
 tions of candidates in the light of the office they are to 
 fill: and that the possibility of bickering among the 
 commissioners after election to decide which shall have 
 the different departments is removed. 
 
 At least one argument can be advanced in favor of 
 "election at random." It frequently happens that two 
 
 1 See an article in National Municipal Beview, October, 1913, 
 pp. 661 et seq. 
 
THE CHAKTEE MOVEMENT 307 
 
 or more men both of whom are well qualified to serve as 
 commissioners run for the same office. Under the sys- 
 tem of Election to specific office" the city w T ould neces- 
 sarily lose the services of one of these men ; while under 
 the "election at random" plan both might be chosen and 
 later appointed to particular departments. For in- 
 stance, there might be three bankers running for places 
 on the commission. All three might be exceptionally 
 well qualified for a specific office and in addition be 
 better general administrators than any of the other can- 
 didates in the field. And yet under "the election to 
 specific office" method all three would probably be can- 
 didates for commissioner of public finance and thus two 
 competent city officials would have to be sacrificed and 
 inferior candidates accepted instead. 
 
 In addition to these four essential features of com- 
 mission government, there are many most interesting 
 minor provisions, which because of lack of space cannot 
 be discussed here. What is most significant about the 
 commission plan as a part of the progressive movement 
 in American cities is the fact that it makes it extremely 
 difficult for any organized corrupt influence exerted by 
 political bosses or special interests to control the city 
 government, and at the same time its simplicity, its lack 
 of checks and balances make it easy for interested citi- 
 zens to take an active, intelligent interest in municipal 
 affairs. Commission government has its limitations, as 
 will be pointed out in the discussion of the city manager 
 plan, but compared with the old mayor and council 
 type of city government, it is a decided step in advance. 
 
 Commission government has now been in operation 
 sufficiently long to reveal some rather serious weaknesses 
 on the administrative side. Most cities in framing 
 commission charters thought that they would obtain 
 the best results if commissioners were required to de- 
 
308 THE PROGRESSIVE MOVEMENT 
 
 vote their entire time to their offices. That is to say, 
 in most commission cities, commissioners are the real 
 and not the nominal heads of city departments. From 
 this requirement alone arise many limitations of com- 
 mission government. In the first place, the very meager 
 salaries that most cities are willing or able to pay, while 
 not sufficiently large to induce prominent business men 
 — men of affairs fitted to run city departments — to de- 
 vote their entire time to the work, are exceedingly at- 
 tractive to the politicians who could earn little or noth- 
 ing in any other field. In the second place, the plan of 
 electing commissioners directly by the people makes it 
 difficult to obtain men of the right caliber. Commis- 
 sion government has attempted the impossible task of 
 finding three or five or seven candidates who are politi- 
 cally popular and at the same time efficient adminis- 
 trators. Mr. H. S. Gilbert son, in an interesting analy- 
 sis, 1 quotes the case of Wichita, Kansas, on this point. 
 There one of the commissioners is an ex-street laborer. 
 Politically, the man was popular enough to win an elec- 
 tion; and yet it is perfectly obvious that digging in 
 streets cannot fit a man to administer the technical de- 
 tails of a city department. 
 
 Another serious weakness of the commission plan 
 arises from the fact that it provides for no single, re- 
 sponsible, administrative head of the city government. 
 All the commissioners are elected by the people. Each 
 is in charge of a single department. Each wishes to 
 make a record in that department and is likely to care 
 little about what happens in the other departments. Xo 
 one commissioner has power to take charge and conse- 
 quently there are likely to be as many governments in 
 a commission city as there are commissioners. 
 
 1 American City, September, 1913. Some Serious Weaknesses of 
 the Commission Flan. 
 
THE CHARTER MOVEMENT 309 
 
 Commission government, therefore, is strong on the 
 political side because it gives the voters direct and easy 
 control over candidates and officials. It is weak on the 
 administrative side, because no provision is made to ob- 
 tain expert service and no single official is given full 
 power. 
 
 The city manager plan retains all the advantages of 
 the commission form and eliminates most of its weak- 
 nesses. The council or commission is kept, but instead 
 of administering the city's affairs itself, it hires an ex- 
 pert called the city manager to manage the city in its 
 stead. The manager has full power of appointment and 
 removal of heads of departments and is held responsi- 
 ble for the entire city government. This plan makes 
 the council or commission a board of directors and the 
 head of the city a business manager. 
 
 The evolution of the city manager plan is most in- 
 teresting. Its germ was contained in the Galveston 
 commission charter which allowed men to act as com- 
 missioners without giving full time to their depart- 
 ments. The practical result of this provision was that 
 prominent business men ran for office and when elected 
 engaged competent subordinates to do the actual work, 
 while they, the commissioners, acted as directors and 
 supervisors. 1 
 
 The first city in the United States to adopt the city 
 manager plan in anything like the form in which we 
 now know it was Staunton, Virginia. In 1908 this 
 little city with a population of about 12,000 adopted the 
 
 *It is interesting to note that a plan was proposed (but re- 
 jected) in Grand Rapids, Michigan, which provided for four gen- 
 eral managers — one for each of four departments — to be ap- 
 pointed by the mayor, and to receive a salary of $3,000 a year. 
 Had this plan been adopted, it would have been little more than 
 a modification of the Galveston plan as it has worked out in 
 practice. 
 
310 THE PROGRESSIVE MOVEMENT 
 
 charter which has since become known as the "Staunton 
 Plan." In this case, as in the case of Galveston, neces- 
 sity was the mother of invention. The constitution of 
 Virginia required that cities of 10,000 or more in- 
 habitants must have as part of their government a 
 bicameral council and mayor. Staunton did not want 
 a council and a mayor, but, being forced to accept them, 
 devised a scheme to secure efficient city government in 
 spite of those obstacles. 
 
 The Staunton charter provides that the council shall 
 appoint an officer to be known as general manager, 
 who is to hold office for one year unless sooner removed 
 by the council at its pleasure. It further provides that 
 the general manager shall devote his entire time to the 
 duties of his office and shall have charge and control of 
 all the executive work of the city in its various depart- 
 ments, and have entire charge and control of heads of 
 departments and employees of the city. The mayor is 
 the official head of the city and has charge of the police 
 and fire departments. But the general manager buys 
 all the supplies for these departments as well as for all 
 other departments and is required to make quarterly 
 and annual reports showing in detail all work done by 
 him. The general manager keeps a regular set of 
 double entry books which serve as a complete check on 
 the office of city treasurer. The general manager and 
 treasurer both render monthly balances to the council, 
 one operating as a check on the other. 
 
 Increased impetus was given to the spread of the city 
 manager plan when, in 1910, the Xational Short Bal- 
 lot Organization in response to a request from the Lock- 
 port, New York, Board of Trade, prepared a model city 
 charter of the city manager type. The Board of Trade, 
 after a careful consideration of the proposed charter, 
 indorsed it and recommended to the state legislature 
 
THE CHARTER MOVEMENT 311 
 
 that a law be passed empowering the city of Lockport to 
 adopt it. The legislature, however, refused, and so 
 Lockport did not have an opportunity to experiment 
 with the city manager plan. 
 
 The Board of Trade, however, had caused to be 
 printed and distributed a number of copies of the char- 
 ter in pamphlet form. It was the circulation of this pro- 
 posed Lockport charter more than the adoption of the 
 city manager plan by Staunton that acquainted cities 
 with the new type of city government and encouraged 
 them to experiment with it later on. 
 
 In 1912 the legislature of South Carolina passed an 
 act allowing cities of more than 10,000 and less than 
 20,000 inhabitants and cities of more than 50,000 and 
 less than 100,000 inhabitants to hold an election to de- 
 cide whether they wished to adopt the commission form 
 of government. Special provision was made in this act 
 for an election in Sumter, at which the voters were to 
 decide whether Sumter should adopt "The Commission 
 Form of Government" or "The Commission Form of 
 Government with a City Manager." The vote was three 
 to one in favor of the city manager plan. 
 
 Under the terms of the act, if the city adopted the 
 commission form with a city manager, a mayor at $300 
 per annum and two councilmen at $200 per annum were 
 to be elected. "The mayor and councilmen . . . shall 
 not distribute the powers of said council among the 
 members of the same; but shall employ a male person 
 of sound discretion and of good moral character not of 
 their number, of such salary and upon such terms as 
 they may decide, who shall be subject to such rules and 
 regulations as may be provided by said councilmen." 1 
 
 The first council elected in Sumter under the new 
 
 1 Sec. 30, Commission Form of Government Act, as ratified by 
 the South Carolina Legislature, Session 1912. 
 
312 THE PKOGBESSIVE MOVEMENT 
 
 plan set out in earnest to find the most competent man 
 to take the position of city manager. To obtain the 
 best results, it sent the following notice throughout the 
 country : 
 
 Oct. 14, 1912. 
 
 "The City of Sumter hereby announces that ap- 
 plications will be received from now till December 
 the first for the office of City Manager of Sumter. 
 
 "This is a rapidly growing manufacturing city 
 of 10,000 population, and the applicant should be 
 competent to oversee public works, such as paving, 
 lighting, water supply, etc. 
 
 "An engineer of standing and ability would be 
 preferred. 
 
 "State salary desired and previous experience 
 in municipal work. 
 
 "The City Manager will hold office as long as 
 he gives satisfaction to the commission. He will 
 have complete administrative control of the city 
 subject to the approval of the board of three elected 
 commissioners. 
 
 "There will be no politics in the job; the work 
 will be purely that of an expert. 
 
 "Local citizenship is not necessary, although a 
 knowledge of local conditions and traditions will 
 of course be taken into consideration. 
 
 "A splendid opportunity for the right man to 
 make a record in a new and coming profession, as 
 this is the first time a permanent charter position 
 of this sort has been created in the United States. 
 
 "At the request of the City Commissioners, these 
 applications will be filed with the Chamber of Com- 
 merce of Sumter, A. V. Snell, Secretary." x 
 
 1 The City Manager Plan of City Government, National Short 
 Ballot Organization, p. 6. 
 
THE CHARTER MOVEMENT 313 
 
 In response to this advertisement, 150 replies were 
 received. In 1913 Mr. M. M. Worthington, a former 
 civil engineer from Virginia, was selected. Already 
 Mr. Worthington has demonstrated the advantages of 
 the new system by installing a cost system that will save 
 half of his salary on one or two items. 1 
 
 The city of Dayton, Ohio, taking advantage of the 
 home rule clause in the constitution of 1912, prepared 
 and adopted May 20, 1913, a new charter of the city 
 manager type. Section 3 of the charter in describing 
 the new form of government, says "The form of govern- 
 ment . . . shall be known as the ' Commission-Manager 
 Plan' and shall consist of a commission of five citizens 
 who shall be elected at large in manner hereinafter pro- 
 vided. The commission shall constitute the governing 
 body with powers as hereinafter provided to pass ordi- 
 nances, adopt regulations, and appoint a chief adminis- 
 trative officer to be known as the 'City Manager/ and 
 exercise all powers hereinafter provided." 
 
 Sec. 47 provides that the city manager is to be ap- 
 pointed by the commission without regard to his politi- 
 cal beliefs or residence within or without the city. He 
 is the administrative head of the municipal government, 
 is responsible for the efficient administration of all de- 
 partments, and may be removed at the will of the com- 
 mission or by the recall of the electorate. 
 
 The powers and duties of the city manager under the 
 Dayton charter are : 
 
 (a) "To see that the laws and ordinances are en- 
 
 forced;" 
 
 (b) "To appoint and, except as herein provided, 
 
 remove all directors of departments and 
 all subordinate officers and employees in 
 i lUd., p. 6. 
 
314 THE PKOGKESSIVE MOVEMENT 
 
 the departments . . . ; all appointments to 
 be upon merit and fitness alone, and in the 
 classified service all appointments and 
 removals to be subject to the civil service 
 provisions of this charter;" 
 
 (c) "To exercise control over all departments and 
 
 divisions created herein or that may be 
 created by the commission ;" 
 
 (d) "To attend all meetings of the commission 
 
 with the right to take part in the discus- 
 sion, but having no vote;" 
 
 (e) "To recommend to the commission for adop- 
 
 tion such measures as he may deem neces- 
 sary or expedient;" 
 
 (f) "To keep the commission fully advised as to 
 
 the financial condition and need of the 
 city;" and 
 
 (g) "To perform such other duties as may be pre- 
 
 scribed by this charter or be required of 
 him by ordinance or resolution of the com- 
 
 Springfield, Ohio, followed the example set by Day- 
 ton, and on August 26, 1913, adopted the city man- 
 ager plan. Other cities have followed and everything 
 seems to indicate that the city manager plan will be a 
 permanent contribution to the science of municipal gov- 
 ernment. 
 
 Thus far in this chapter the commission plan and 
 the city manager plan of city government have been 
 considered as structures of government, machinery to 
 be controlled. Xo discussion of these two new types of 
 city government would be complete, however, without 
 a brief discussion of the devices that are used in 
 
 1 Sec. 48. 
 
THE CHARTER MOVEMENT 315 
 
 controlling them. Among the most important of 
 these devices are non-partisan primaries, preferen- 
 tial voting, corrupt practices acts, proportional repre- 
 sentation, the initiative, the referendum, and the 
 recall. 
 
 Practically every commission-governed city provides 
 for the nomination of candidates by petition and in no 
 other way. In some cases the charter provides that a 
 small percentage of those voting at a preceding election 
 and in other cases that a small absolute number, by 
 signing a petition and filing it with the proper city offi- 
 cial by a specified time, may have placed upon the ballot 
 the name of any person as a candidate. The names of 
 the persons so nominated are arranged on the ballots in 
 alphabetical order and no party emblems are used. The 
 practical effect of this system of non-partisan primaries 
 is to destroy political parties in cities and at the same 
 time to make it easy for any group of citizens to take 
 part in municipal government and place a candidate in 
 the field. 
 
 The importance of preferential voting in connection 
 with city government is that it makes unnecessary the 
 usual two elections, i. e., the primary election and the 
 regular one. Instead of voting for five candidates to fill 
 the five offices, each voter selects five as his first choice 
 and five as his second. If each of five candidates has 
 not received a majority of the votes, the first and second 
 choice votes are added together and the five who have 
 a majority of first and second choice votes combined are 
 declared elected. 1 
 
 The corrupt practices provisions in most commission 
 city charters are very severe. Candidates are forbid- 
 
 x If no majority results after first and second choice votes are 
 added together, another election must be held. Other methods are 
 sometimes used. 
 
316 THE PROGRESSIVE MOVEMENT 
 
 den to canvass for votes, to make any preelection pledges 
 to appoint men to office, and in some instances to use 
 automobiles or other vehicles to carry "last minute" 
 voters to the polls on election day. The provisions of 
 the Springfield, Ohio, charter on this point are worth 
 quoting : "]^~o candidate . . . shall make any personal 
 canvass among the voters to secure his nomination or 
 election, or the nomination or election of any other can- 
 didate at the same election. . . . He may cause notice 
 of his candidacy to he published in the newspapers and 
 may procure the circulation of a petition for his nomi- 
 nation; but he shall not personally circulate such peti- 
 tion, nor by writing or otherwise solicit anyone to sup- 
 port him or vote for him. He shall not expend or prom- 
 ise any money, office, employment or other thing of 
 value to secure a nomination or election; but he may 
 answer such inquiries as may be put to him and may 
 declare his position publicly upon matters of public in- 
 terest, either by addressing public meetings or by mak- 
 ing written statements for newspaper publication or 
 general circulation." 1 
 
 The fundamental idea back of proportional repre- 
 sentation is to substitute for geographical representa- 
 tion numerical representation. Under the ''block" plan 
 of voting, commissions are elected to represent the city 
 as a unit. Under that plan, if 6,000 of the 10,000 
 voters of a city voted for a certain candidate, that can- 
 didate, having received a majority vote, would be de- 
 clared elected and would represent the entire 10,000. 
 In reality, he would represent only 6,000 — those who 
 voted for him. Proportional representation provides 
 that all 'constituencies of a reasonably large number 
 shall be represented even though they are not strong 
 enough to command a majority of the votes. Under a 
 x Sec, 3, Charter of City of Springfield. 
 
THE CHARTER MOVEMENT 317 
 
 system of proportional representation, therefore, in the 
 case supposed above, each group of five hundred or a 
 thousand voters, even though in the minority, would 
 have some one to represent them. 1 
 
 There are serious objections to proportional repre- 
 sentation under the commission plan, but it is well 
 suited to the city manager plan of city government. 
 The chief objection to its use in connection with the 
 commission plan is that the commission is primarily an 
 administrative body and therefore should represent 
 unified rather than conflicting interests. Under the city 
 manager plan, however, the commission is primarily a 
 deliberative body, the administrative duties being given 
 to the city manager; and, for that reason, it is fre- 
 quently advisable that as many different interests as pos- 
 sible be represented. 
 
 The initiative, the referendum, and the recall have 
 already been discussed at considerable length in con- 
 nection with the progressive movement in the state 
 and there is no need therefore of giving them much 
 space here. It is sufficient to point out that in commis- 
 sion government or under the city manager plan where 
 great authority is given to those in power it is essential 
 to the preservation of democracy that there be a direct 
 and sure control in the hands of the electorate. This 
 control, so far as men are concerned, is given to the 
 voters of commission cities by the recall ; so far as meas- 
 ures are concerned, it is insured through the initiative 
 and the referendum. 
 
 The commission and city manager plans of city gov- 
 ernment, together with the devices necessary to control 
 them, insure to American cities all that the charter 
 
 1 For a detailed exposition of the plan, see National Short Bal- 
 lot Organization, The City Manager Plan of City Government, 
 pp. 17 et seq. 
 
318 THE PEOGEESSIVE MOVEMENT 
 
 movement stands for : the simplification of government, 
 the fixing of responsibility, and the constant and certain 
 ability of the people to step in at any time and direct 
 their own affairs. 
 
CHAPTER XV 
 
 THE EFFICIENCY MOVEMENT 
 
 Good city government, as has already been pointed 
 out, does not necessarily result when cities are given 
 the right to frame their own charters and regulate their 
 own affairs under a constitutional home rule provision ; 
 for cities may never take advantage of the opportunity, 
 and, even if they do, they may provide for themselves 
 a worse government than that given to them by the legis- 
 lature. ]STor does good city government necessarily re- 
 sult when cities adopt progressive forms of city govern- 
 ment, such as the commission plan or the city manager 
 plan; for, although the simplification of the structure 
 of government makes it easier for citizens to control, 
 they may be too ignorant or too careless to use the op- 
 portunity; and although, because of the concentration 
 of authority, the men in office could do a great deal of 
 good, the wrong men may be chosen and do an equal 
 amount of evil. Municipal home rule merely gives a 
 city the chance to obtain good government by removing 
 legislative interference from without; commission gov- 
 ernment and the city manager plan merely increase that 
 chance by making easy the removal of corruption and 
 graft within. ~No guaranty of good government comes 
 with either. 
 
 There has grown up in recent years, along with the 
 home rule movement and the charter movement and as 
 
 319 
 
320 THE PROGRESSIVE MOVEMENT 
 
 a kind of supplement to them in the work of municipal 
 regeneration, a movement commonly known as the effi- 
 ciency movement. The movement is incapable of any 
 concise definition, and in fact of any definition at all, 
 because it is itself a protest against generalizations and 
 definitions, standing for the specific study and solution 
 of particular problems. The fundamental ideas under- 
 lying the efficiency movement are that there is no pana- 
 cea for municipal ills ; that municipal home rule, com- 
 mission government, and city managers are merely 
 means to an end; that municipal problems depend for 
 their solution upon the same scientific study and analy- 
 sis that banking problems or railroad problems require ; 
 that any attempt to remove inefficiency and waste must 
 be continuous and not intermittent ; that honesty and 
 good intentions cannot take the place of intelligence and 
 ability; and finally that city business is like any other 
 business and needs precisely the same kind of organi- 
 zation, management, and control. 
 
 Most cities, in reaching the final stage of the effi- 
 ciency movement, pass through two preliminary stages. 
 The first of these preliminary stages is a period of dis- 
 organization, of slovenly and careless methods, of dupli- 
 cation, inefficiency, and waste. Becoming dissatisfied 
 with this state of affairs, cities in the second stage turn 
 to organization and method for the correction of exist- 
 ing conditions. System is apotheosized. Uniformity, 
 standardization, and concentration are made the watch- 
 words of municipal progress. At last, finding that 
 too much system is almost as inefficient and wasteful 
 as not enough, that too great dependence upon rules is 
 as bad as too great dependence upon men, and that the 
 difficult and technical problems of city government are 
 not forever solved by the mere installation of uniform 
 methods and accounts, cities enter upon the final stage 
 
THE EFFICIENCY MOVEMENT 321 
 
 of the efficiency movement and prepare to solve each 
 problem in the light of the peculiar circumstances sur- 
 rounding it. 
 
 In the average American city, in the absence of the 
 application of the principles of the efficiency movement, 
 disorganization, with resulting inefficiency and waste, 
 manifests itself in every bureau and department and in a 
 hundred different ways ; two men drive a street sweeper 
 that could be manipulated by one ; wooden block is used 
 for pavements where cobblestones would do as well or 
 better; two tons of coal are used to generate the same 
 amount of steam that a private corporation would gen- 
 erate with one ton. Lack of space makes impossible 
 anything like an adequate consideration or even enu- 
 meration of these instances of bungling methods in city 
 government. 
 
 A fair idea of the character of this disorganization 
 may be gained, however, by a brief consideration of 
 some of the larger and more important city functions, 
 such as the making of the city budget, the regulations 
 governing the work and compensation of city employees, 
 and the purchase of city supplies. 
 
 Cities that have never given the matter very careful 
 attention are apt to prepare and pass their budgets in a 
 most inefficient and unscientific manner. Departmental 
 estimates are submitted too late to permit careful analy- 
 sis before the budget is passed; the methods used by 
 various departments differ; no adequate system is pro- 
 vided for checking up departmental estimates with prob- 
 able needs ; no comparisons are made between appropria- 
 tions for the current year and those for the year pre- 
 ceding; department heads are not required to keep a 
 record showing how the past year's money was spent. 
 The process is largely one of applying to the council 
 board of commissioners or board of estimate, as the case 
 
322 THE PROGRESSIVE MOVEMENT 
 
 may be, and requesting ten, twenty or a hundred thou- 
 sand dollars for operating expenses. Eequests for ap- 
 propriations are all lumped together under salaries and 
 supplies and granted or rejected as the revenue con- 
 trolling power sees fit. The opportunities for graft, 
 inefficiency, and waste under any such system of deter- 
 mining a city's expenditures are apparent. Department 
 heads feel no pressing need of becoming efficient them- 
 selves or of encouraging efficiency on the part of those 
 under their charge; for they receive their appropria- 
 tions whatever happens. Appropriations granted may 
 be diverted to almost any purpose because little limi- 
 tation or condition is made in the grant. And, finally, 
 economy is discouraged because departments are not 
 held to account for the disposition of their money. 
 
 In the case of the regulations governing the work 
 and compensation of city employees, the situation is 
 equally bad. Having passed the civil service examina- 
 tion and obtained a position in the city service, an em- 
 ployee is required to meet no further tests of fitness 
 and so at the end of ten years of service may know less 
 and know it worse than when he entered the service. 
 !No record is kept of the time when employees begin 
 and stop work nor of the amount and kind of work done 
 during a stated period. No comparisons are made be- 
 tween the work done by employees in one department 
 and that done by employees of a corresponding rank in 
 other departments; nor between the work of different 
 employees doing similar work in the same department. 
 Employees who show initiative, energy, and ability may 
 go ahead; those who show the opposite traits, depend- 
 ence, listlessness, and incompetence do not go behind; 
 they stay in the department and exert a demoralizing 
 influence on the work of the others. As a result of all 
 
THE EFFICIENCY MOVEMENT 323 
 
 these things, slovenly, careless, wasteful, inefficient 
 work is frequently the rule. 
 
 When we turn to the matter of compensation of em- 
 ployees, we find a situation substantially the same. No 
 rational basis is used to fit salaries to the ability of the 
 man or the importance of his position. In some cases 
 the amount is traditional, in some cases dependent upon 
 influence with the head of a department, in most cases 
 merely arbitrary. As in the case of the amount and 
 kind of work done, no effort is made to compare the 
 salaries of men doing the same work in different de- 
 partments, in the same departments, or in outside busi- 
 ness establishments. Men doing precisely the same 
 work receive widely differing salaries. Clerks who 
 could not command six hundred dollars a year in the 
 business world receive nine or twelve hundred through 
 the protection of civil service or lack of proper system. 
 Padded payrolls, swollen budgets, and high taxes, as 
 well as waste and inefficiency, are the inevitable con- 
 comitants of such a state of affairs. 
 
 In the average American city that has not yet been 
 touched by the efficiency movement, supplies are as 
 badly managed as the city budget or the regulations gov- 
 erning the work and compensation of employees. This 
 bad management extends both to the purchase and the 
 disposition of supplies. Each department buys its own 
 supplies ; one pays fifty cents for an article ; another 
 pays seventy-five, and another a dollar. Contracts are 
 let without adequate notice to bidders to insure compe- 
 tition, and without ascertaining the reliability of the 
 successful competitor. Insufficient means are taken to 
 make sure that departments order only what they need 
 and receive what they order. Careful comparisons are 
 not made to see whether the city is paying for its sup- 
 plies more than current market prices. The same con- 
 
324 THE PROGRESSIVE MOVEMENT 
 
 fusion prevails in connection with the use of city sup- 
 plies. IsTo means are available to see that city depart- 
 ments use supplies economically, for the purposes in- 
 tended, and in an efficient manner. Ten tons of coal 
 are used where five would do. Pea coal is used for a 
 stove designed to burn egg coal, and two pounds of 
 steam are generated when an outside factory would 
 generate a dozen. 
 
 Cities, appreciating the impossibility of obtaining 
 good government with such disorganization and such 
 methods as those just outlined, set about to effect an 
 improvement. The things that seemed most needed to 
 bring order out of chaos, organization out of disorgani- 
 zation, and simplicity out of complexity, were system, 
 standardization, and uniformity. These ends became 
 and still are in many minds the open sesame to efficient 
 city government. Accounting systems are worked out 
 in the abstract or in connection with a particular de- 
 partment and then applied to many or all. A standard 
 blotter, pen-wiper, ink-eraser, automobile, fire-bucket 
 and office equipment are selected and imposed upon all 
 the city departments. Elaborate rules are laid down 
 for letting contracts, and for ordering, receiving, and 
 using supplies. In general, in a city that is passing 
 through the second preliminary stage of the efficiency 
 movement there is a tendency to become system-mad. 
 
 As in the case of the first preliminary stage of the 
 efficiancy movement, it will be best to consider the sec- 
 ond phase of the efficiency movement in its relation to 
 a few of the city's largest undertakings ; and, as before, 
 the preparing and passing of the city budget, the regu- 
 lations governing the work and compensation of city 
 employees, and the ordering and use of city supplies 
 have been chosen. 
 
 The effect of introducing scientific methods and prin- 
 
THE EFFICIENCY MOVEMENT 325 
 
 ciples into the preparation and passing of a city budget 
 is to eliminate most of the defects already mentioned 
 in connection with budget-making in cities that have not 
 yet reached the second preliminary stage of the effi- 
 ciency movement. Departmental estimates are re- 
 quired to be submitted sufficiently early to permit care- 
 ful analysis before being passed; the methods of pre- 
 paring estimates in the different departments are made 
 uniform; departmental estimates are carefully checked 
 up with probable needs ; year-to-year comparisons of de- 
 partmental requests are made ; and departments are re- 
 quired to keep records showing how the last year's 
 money was spent. 
 
 The most important improvement made in budget- 
 making, however, is the so-called segregated budget. 
 Department heads no longer are allowed to ask for lump 
 sum appropriations for wages and supplies; but they 
 must specify in detail for what purposes they intend 
 to use the money and then adhere to that disposition. 
 The headings under which appropriations are requested 
 and approved in the budget of iSTew York, together with 
 the subdivisions, are as follows. They are given at 
 length because they illustrate the extreme to which sys- 
 tem is being carried. 
 
 1. Personal Service. 
 
 a. Salaries. 
 
 b. Wages. 
 
 c. Fees. 
 
 d. Others. 
 
 2. Supplies. 
 
 a. Food Supplies. 
 
 b. Forage and Veterinary. 
 
 c. Fuel Supplies. 
 
 d. Office Supplies. 
 
326 THE PROGRESSIVE MOVEMENT 
 
 e. Medical and Surgical Supplies. 
 
 f. Laundry, Cleaning and Disinfecting Sup- 
 
 plies. 
 
 g. Eefrigerating Supplies. 
 
 h. Educational and Recreational Supplies, 
 i. Botanical and Agricultural Supplies, 
 j. Motor Vehicle Supplies, 
 k. General Plant Supplies. 
 
 3. Equipment. 
 
 a. Office Equipment. 
 
 b. Household Equipment. 
 
 c. Medical and Surgical Equipment. 
 
 d. Live Stock. 
 
 e. Motorless Vehicles and Equipment. 
 
 f. Motor Vehicles and Equipment. 
 
 g. Wearing Apparel. 
 
 h. Educational and Becreational Equipment, 
 i. General Plant Equipment. 
 
 4. Materials. 
 
 a. Highway Materials. 
 
 b. Sewer Materials. 
 
 c. Building Materials. 
 
 d. General Plant Materials. 
 
 5. Contract or Open Order Service. 
 
 a. General Eepairs. 
 
 b. Motor Vehicle Eepairs. 
 
 c. Light, Heat and Power. 
 
 d. Janitorial Service. 
 
 e. Transportation. 
 
 f. Communication. 
 
 g. General Plant Service. 
 
 6. Contingencies. 
 
 7. Fixed Charges and Contributions. 
 
 a. Dept. Service. 
 
 b. Eent. 
 
THE EFFICIENCY MOVEMENT 327 
 
 c. Pensions. 
 
 d. Insurance. 
 
 e. Care of Dependents in Private Institutions. 
 
 f. State Taxes. 
 
 g. Advertising. 
 
 To remove the inefficiency and waste that result from 
 lack of organization and method in the regulations gov- 
 erning the work and compensation of employees, cities 
 are using the same elaborate and thorough-going devices 
 that are used in connection with the budget. By intro- 
 ducing system and checks, it is sought to reduce de- 
 pendence upon the individual employee to a minimum 
 and to compel efficiency by making all employees live 
 up to definite requirements. 
 
 The chief problem that a city encounters in its at- 
 tempt to introduce efficiency, so far as the work of city 
 employees is concerned, is to make sure that the city re- 
 ceives the right amount and the right kind of work 
 from its employees. In the absence of system, indi- 
 vidual employees are apt to come and go when they 
 please and the amount and kind of work depend fre- 
 quently upon the mood they are in when they do it. 
 By adopting a working day that begins at nine and 
 ends at five instead of a working day that begins at 
 nine or ten and ends at three or four, and using time 
 clocks to make certain that city employees put in a full 
 working day, cities are doing a great deal toward in- 
 suring the performance of a reasonable amount of work. 
 By introducing time sheets on which each employee 
 is required to account for every fifteen or thirty minutes 
 of the working day, stating precisely the work he has 
 done; by comparing the work statements made by dif- 
 ferent employees in the same department with those of 
 employees in different departments and thus putting the 
 
328 THE PROGRESSIVE MOVEMENT 
 
 men on their mettle, cities believe that they are in a 
 fair way to secure the right kind of work. 
 
 But the most important thing for a city in its rela- 
 tions with its employees is not to secure the right kind 
 and amount of work in the abstract, but the right kind 
 and amount in proportion to the compensation paid. A 
 city must see that it receives a fair return for money 
 spent for personal service. It must not pay any posi- 
 tion too much or too little. The process by which cities 
 are trying to fit the amount of compensation to the 
 amount and kind of work done is known as the stand- 
 ardization of salaries. To enforce the proposition equal 
 pay for equal work; to eliminate the demoralizing ef- 
 fect upon employees that results from the suspicion 
 that "pnU" and influence and not work count; to save 
 for the city the money that is given to overpaid em- 
 ployees — are the reforms standardization of salaries is 
 intended to effect. 
 
 The method used by the Standardization Committee 
 of the Board of Estimate in Xew York City to stand- 
 ardize salaries was as follows. As a first step, blanks 
 were distributed among the city employees themselves. 
 On these blanks employees were asked to state exactly 
 the work that they were accustomed to do in connection 
 with their respective positions. The statements on 
 these blanks were then verified by investigations under 
 the supervision of the Standardization Committee. 
 Finally, the blanks containing the employees' own state- 
 ments on the duties of the various city positions, veri- 
 fied by independent investigators, were submitted to 
 the bureau or department heads for their approval. On 
 the basis of these statements, positions are being graded 
 and classified and an attempt is being made to attach 
 a fair salary to each. 
 
 With regard to the purchase and disposition of sup- 
 
THE EFFICIENCY MOVEMENT 329 
 
 plies, the two chief devices that many cities are intro- 
 ducing to promote efficiency are a central purchasing 
 agency and the standardization of supplies. The prin- 
 cipal advantages claimed for the purchasing of supplies 
 through a central purchasing agency are that articles 
 can be bought more cheaply because they can be bought 
 in larger quantities ; that more reputable firms will be 
 induced to bid for contracts if the order is a large 
 rather than a small one; that the duplication incident 
 to the maintenance of a supply bureau with offices, staff, 
 etc., in each of a number of departments is eliminated ; 
 that supplies can be more readily controlled and graft 
 removed ; and that the participation by all city depart- 
 ments in determining what standard is to be adopted 
 for an article that is used by all will result in the choice 
 of a higher standard of article and one better suited to 
 its purpose than if each department made its own se- 
 lection. 
 
 Standardization necessarily follows the establishment 
 of a central purchasing agency. By standardization is 
 meant deciding upon the supply best suited for a par- 
 ticular purpose and then using that supply and no other 
 for that purpose. If hospitals are using linen gauze 
 that costs thirty cents a yard when gauze at ii-ve cents a 
 yard would answer the purpose just as well; if em- 
 ployees are feeding with egg coal a furnace designed to 
 consume pea coal; if street cleaners need five-dollar 
 brooms and are using brooms that cost only two; the 
 principle of standardization of supplies is being vio- 
 lated. 
 
 The second preliminary stage of the efficiency move- 
 ment, the stage that emphasizes uniformity, system, 
 standardization, and the suppression of the individual, 
 is the phase through which most cities that have taken 
 up the efficiency movement are now passing. While 
 
330 THE PROGRESSIVE MOVEMENT 
 
 the results obtained from the application of the princi- 
 ples for which this phase of the movement stands are 
 vastly superior to those that obtain in a city that is 
 disorganized and unscientific, there are nevertheless 
 several decided limitations that must be overcome before 
 real efficiency is secured. 
 
 One of these limitations of the efficiency movement 
 as it exists now in many cities is an overemphasis on 
 system. So many forms and so many regulations are 
 prescribed that greater inefficiency and waste sometimes 
 result than if there were no system at all. A city de- 
 partment to obtain a pound of nails may have to go 
 through so much red tape that whatever is gained for 
 the city by the protection against possible graft is more 
 than offset by the time and energy wasted. The letting 
 of contracts may be so carefully guarded by intricate 
 and minute provisions that city departments may have 
 to order snow shovels in July and window screens at 
 Christmas. It is notorious that the best firms are re- 
 luctant to do business with cities that are oversystema- 
 tized because they have to wait so long for their money. 
 To protect itself from the individual the city has tied 
 him up with hundreds of rules and regulations that 
 frequently get in each other's way. 
 
 A second serious limitation of the present manifes- 
 tation of the efficiency movement is the craze for and 
 confidence in uniformity and standardization. Uniform 
 accounts, uniform records, uniform methods are worked 
 out and prescribed for all departments. Salaries and 
 supplies are carefully standardized. Everything is 
 done to eliminate individual and special requirements. 
 
 The following quotation from the book of a leading 
 efficiency expert is worth quoting because it shows the 
 extent to which this insistence upon standardization has 
 
THE EFFICIENCY MOVEMENT 331 
 
 been carried and the readiness with which fundamental 
 difficulties are passed over : 
 
 "Should six departments indicate that they will 
 continue to require cement, lubricating oil or eras- 
 ers, the problem which next presents itself is to 
 determine the best cement, the best lubricating oil 
 and the best ink eraser for the respective purposes 
 to which they are applied by the departments and, 
 so far as possible, to eliminate special requirements 
 with a view to uniformity. This result can best be 
 brought about through cooperation between the 
 purchasing agent and the representatives of the 
 various consuming departments who have expert 
 knowledge of their special needs. To avoid fric- 
 tion and any possibility of favoritism it may be 
 wise to have a committee of principal officials, such 
 as a committee of the board of commissioners, sit 
 as a commission on standardization for final ap- 
 proval of the standard articles selected. The pur- 
 chasing agent will naturally endeavor to secure the 
 broadest uniformity, while among departments 
 there will be a tendency, more or less expressed, to 
 adhere to the special articles which custom and 
 habit have seemed to make particularly desirable. 
 "Open-minded cooperation in the consideration 
 of standards should lead, without exception, to the 
 adoption of a common standard throughout the 
 city for every article used. A variety of consid- 
 erations will be involved in the selection of stand- 
 ards of which price is only one. More important 
 than price is serviceability and, following close in 
 order of importance, the extent to which the stand- 
 ard admits of competition in bidding." 1 
 *Bruere, New City Government, pp. 212-213. 
 
332 THE PROGKESSIYE MOVEMENT 
 
 The writer of this passage admits that individual 
 departments will show "a tendency ... to adhere to 
 the special articles which custom and habit seemed to 
 make particularly desirable" ; but he contends that 
 ''open-minded cooperation . . . should lead, without 
 exception, to the adoption of a common standard 
 throughout the city for every article used." The false 
 assumption throughout the passage — and it is the 
 false assumption of all who rely too much upon uni- 
 formity and standardization — is that special require- 
 ments are in the last analysis unimportant and that the 
 best results can be obtained even if they are ignored. 
 A uniform, standard article adopted as a compromise 
 of the conflicting interests of a number of city depart- 
 ments may be precisely suited to no department ; just as 
 a remedy prescribed by a doctor for each of fifty pa- 
 tients might do some good to all of them but the most 
 good to none. Of course, it is better to specify for all 
 departments particular articles or systems of accounts 
 that are certain to be of some value even though not the 
 greatest to each than to allow each department to pro- 
 vide for itself articles and accounting systems that are 
 worthless. But it is even more desirable to find for 
 each department that article or that system of accounts 
 that will be of most value in meeting the special re- 
 quirements of that department. And this cannot be 
 done by '•reconciling 7 ' conflicting needs and imposing 
 the same methods and materials on all. 
 
 What is true in the case of supplies is even truer in 
 the case of men. Standardization of salaries tends to 
 defeat itself. It fixes a limit which all employees must 
 reach but which no employee need go beyond. Like 
 civil service rules, it tends to discourage energy, in- 
 itiative, and originality. Every position is defined in 
 terms of the work done bv the weakest and not the 
 
THE EFFICIENCY MOVEMENT 333 
 
 strongest employee who occupies that position. Char- 
 acter, capacity, and personality cannot be standardized. 
 It might be worth while for a city, under special cir- 
 cumstances, to pay one man $5,000 for filling the same 
 kind of position that other men were paid $3,000 to 
 fill, solely because of the difference in the way he filled 
 it. It is true that in most cases it would not pay ; it is 
 true that in most cases standardization of salaries does 
 work an improvement. But it is in changing most to 
 all, in making the inductive hazard, that standardiza- 
 tion and uniformity break down. 
 
 A third limitation of the efficiency movement as in- 
 terpreted by many cities is the insistence upon the elim- 
 ination of individuality and personality. City depart- 
 ments tend to become, like corporations, soulless. Effi- 
 ciency is substituted for, instead of added to, character 
 and moral energy. 1 So long as the efficiency movement 
 proceeds upon the assumption that it is possible to pre- 
 vent dishonesty, corruption, waste, graft, and inefficiency 
 and conversely to obtain honesty, fidelity, efficiency, and 
 capacity in the face of the opposition of employees 
 themselves, by the institution of elaborate devices and 
 systems, it must fail. Xo man can be made efficient 
 unless he wants to be ; nor will any man continue to be 
 efficient against his will. In the fields of engineering 
 and business, the efficiency movement is broadening out 
 to include a study of the capacity of the man as well 
 as the capacity of the addressograph and steam-shovel. 
 It is only by making the individual man see the relation 
 of his work to the whole and the importance of his doing 
 his work well, thereby motivating an employee's every 
 movement, that real efficiency can be obtained. 
 
 *For an extreme view of the importance of efficiency in per- 
 sonal make-up, see Allen, Efficient Democracy, Chap. I, "The 
 Goodness Fallacy.' ' 
 
334 THE PEOGEESSIVE MOVEMENT 
 
 The efficiency movement, in its true sense, aims to 
 remove the limitations that resnlt from a too hasty ap- 
 plication and too superficial an understanding of effi- 
 ciency principles. Every problem is studied and solved 
 on its own basis. If better government will result, the 
 efficiency movement recommends a different system of 
 accounts for every department, as many different kinds 
 of supplies as there are departments that use them, and 
 a different salary for every city employee. Whether 
 these are necessary or not cannot be answered without 
 special consideration of every case. Each department 
 must be considered in its relation to other departments. 
 In every department the advantages of -uniformity as 
 opposed to diversity must be determined in the light of 
 the peculiar condition in that department. In a word, 
 the efficiency movement frankly acknowledges that there 
 is no royal road to efficiency: that no single reform will 
 insure it ; that it comes only through continuous, ex- 
 haustive, scientific study of concrete problems as they 
 arise. 
 
 One of the most important developments in connec- 
 tion with the efficiency movement in cities is the rise of 
 independent citizen agencies such as bureaus of mu- 
 nicipal research, bureaus of public efficiency, bureaus of 
 economy and efficiency, and other organizations with 
 trained experts to give continuous study to city gov- 
 ernment. Within the last ten years organizations of 
 this kind, independent of city governments and sup- 
 ported entirely by private contributions, have been es- 
 tablished in Xew York, Philadelphia, Dayton, Cincin- 
 nati, Milwaukee, Hoboken, and other cities. In addi- 
 tion to these municipal bureaus, county bureaus of re- 
 search, modeled after those in the cities, have been 
 created in Wayne County, Indiana, Westchester 
 County, Xew York, and Hudson County, Xew Jersey. 
 
THE EFFICIENCY MOVEMENT 335 
 
 The most prominent of these organizations and the 
 one after which most of the others have been patterned, 
 is the Bureau of Municipal Research established in New 
 York City in 1906. The purposes of the bureau, as 
 stated in its articles of incorporation, are "to promote 
 efficient and economical government; to promote the 
 adoption of scientific methods of accounting and of re- 
 porting the details of municipal business, with a view 
 to facilitating the work of public officials; to secure 
 constructive publicity in matters pertaining to munici- 
 pal problems; to collect, classify, analyze, correlate, 
 interpret and publish facts as to the administration of 
 municipal government." 1 
 
 The methods pursued by the Bureau of Municipal 
 Research in carrying out the purposes of its incorpora- 
 tion are chiefly three: first, to investigate city depart- 
 ments with a view to locating waste and inefficiency; 
 second, to make constructive suggestions as to how 
 waste and inefficiency may be removed and economy 
 and efficiency substituted in their stead; and, finally, 
 to give publicity to its findings and suggestions. In de- 
 tail, the method of operation used by the bureau is as 
 follows : 
 
 "Confer with the official responsible for the mu- 
 nicipal department or social conditions to be 
 studied. 
 
 "Secure promise of cooperation, and instructions 
 that direct subordinates to cooperate with the bu- 
 reau's representatives. 
 
 "Ascertain how the powers and duties (and 
 other materials of research) are distributed. 
 
 1 Six Years of Municipal Research, p. 4. Issued by the Bureau 
 of Municipal Besearch, New York City. 
 
336 THE PROGRESSIVE MOVEMENT 
 
 "Examine records of work done and of condi- 
 tions described. 
 
 "Compare function with result and cost as to 
 each responsible officer, each class or employee, 
 each bureau or division. 
 
 ''Verify reports by usual accounting and re- 
 search methods and by conferences with depart- 
 ment and bureau heads. 
 
 "Cooperate with municipal officials in devising 
 remedies so far as these can be effected through 
 changes of system. 
 
 "Make no recommendations as to personnel 
 further than to present facts throwing light on the 
 efficiency or inefficiency of employee or officer or 
 to suggest necessary qualifications and where to 
 find eligible candidates. 
 
 "Prepare formal report to department heads, 
 city executive officers and general public: (a) de- 
 scription, (b) criticism, (c) constructive sugges- 
 tion. 
 
 "Support press publicity by illustrations, ma- 
 terials for special articles, facts for city officials, 
 editors and reporters. 
 
 "Follow up until something definite is done to 
 improve methods and to correct evils disclosed. 
 
 "Supply freely verifiable data to agencies or- 
 ganized for propaganda and for legislative, agita- 
 tive or 'punitive' work. 
 
 "Try to secure from other departments of the 
 same municipality and from other municipalities 
 the recognition and adoption of principles and 
 methods proved by experience to promote effi- 
 ciency." 1 
 
 1 >Six Years of Municipal Research, p. S. 
 
THE EFFICIENCY MOVEMENT 337 
 
 In the seven years of its existence the Bureau of 
 Municipal Kesearch has done much to improve munici- 
 pal government in New York. It has been largely in- 
 strumental in introducing the principle of a segregated 
 budget ; has helped in the reorganization of the finance 
 department; has revised the accounting systems of 
 many departments and by a special study of the ac- 
 counting system in the department of water supply 
 has been able to increase the city revenues from water 
 rents about $2,000,000 a year. It has, moreover, made 
 a beginning in the standardization of salaries and sup- 
 plies and strongly urges a central purchasing agency in 
 all city departments. As important as its work within 
 the departments have been its efforts to give effective 
 publicity to municipal problems. By budget and other 
 exhibits, by weekly bulletins, by newspaper and maga- 
 zine articles, and by attempting to simplify and clarify 
 unintelligible city reports, it has brought home to citi- 
 zens the fundamental facts of city administration. In 
 addition, it has established and directs a National 
 Training School for Public Service, the purpose of 
 which is to give young men and women who desire to 
 enter the field of civic or social service an opportunity to 
 study city problems at first hand. 1 
 
 Although it is true that the Bureau of Municipal Re- 
 search has contributed a good deal to the cause of good 
 government in New York City, it is only fair to point 
 out certain limitations to which it is, of necessity, sub- 
 ject. Perhaps the most serious limitation is the ina- 
 bility of the bureau to deal with fundamental problems 
 involving a question of policy. Questions such as the 
 
 *In practice, because of lack of proper organization, failure 
 io meet individual needs, and. a tendency to use the training 
 school as a mere tool of the bureau, the training school has 
 not met with the success which such an institution deserves. 
 
338 THE PROGRESSIVE MOVEMENT 
 
 wisdom of abolishing the Board of Aldermen, control- 
 ling public utility corporations by contract or franchise, 
 adopting municipal ownership of subways, etc., the 
 Bureau of Municipal Besearch in Xew York — and in 
 fact bureaus of municipal research anywhere — do not 
 and cannot touch. Their effectiveness, their ability to 
 command confidence, depend upon their non-partisan- 
 ship, absence of special pleading. Bureaus of munici- 
 pal research present facts : they do not support them ex- 
 cept to show that they are presented accurately. They 
 deal with questions concerning which men disagree with 
 each other because of ignorance of the facts, and attempt 
 to remove that disagreement by producing the facts. 
 
 The great problems of city government — and, in- 
 deed, of all government — are questions of policy, ques- 
 tions on which men disagree even when they know the 
 facts and, in a sense, because they know the facts. 
 Whether a department should use nineteen accounting 
 forms where one will do as well; whether a city em- 
 ployee should charge $1.50 for a five cent valve wheel; 
 whether an employee should receive $1,800 a year for 
 doing more poorly the same kind of work for which an- 
 other man is paid $300; whether the revenues of the 
 water department should be increased $2,000,000 a 
 year by installing a new accounting system — these are 
 questions of fact and detail on which men do not, as a 
 rule, disagree. Whether government should be made 
 more responsive to the people by removing an anti- 
 quated and almost useless Board of Aldermen that costs 
 the city about $150,000 in salaries alone ; whether a city 
 shall own its railways or lease them on favorable terms 
 to be exploited by private interests ; whether a city shall 
 be dominated by a political machine or boss — are ques- 
 tions of policy on which men do disagree. Questions of 
 policy are more fundamentally important than questions 
 
THE EFFICIENCY MOVEMENT 339 
 
 of fact; but with them the New York Bureau of Mu- 
 nicipal Research in particular and bureaus of munici- 
 pal research in general' have little or nothing to do. 1 
 The work which bureaus of municipal research do is 
 important. From the point of view of the progressive 
 movement, the work which they do not do and cannot 
 do is more important. Within a narrow field, a bureau 
 of municipal research, by a constant and scientific study 
 of specific municipal problems, can be a prime factor 
 and exponent of the efficiency movement in the broad- 
 est sense of that term, and can perform a service of in- 
 estimable value in the struggle for good city govern- 
 ment. But outside of that field it cannot go without 
 confounding issues and impeding progress. 
 
 The efficiency movement, then, the third of the four 
 movements that make up the progressive movement in 
 American cities, aims to sharpen the instrument of 
 democracy. To change the figure, the efficiency move- 
 ment repairs and adapts the machinery of government 
 which the home rule movement frees, the commission 
 movement simplifies, and the social movement uses in 
 the interests of the people. The importance of the effi- 
 ciency movement should not be underestimated nor 
 should it be overestimated ; above all, its true relation to 
 the fight for a broader democracy should not be lost 
 sight of. 
 
 The efficiency movement is concerned merely with 
 improving government, the tool of democracy ; it has no 
 part in directing its use. If government is controlled 
 
 1 This statement is well illustrated in the case of the agitation 
 in New York City, when the subway contracts for the extension 
 of the city's rapid transit system were considered. Although 
 these contracts involved the expenditure by the city of nearly 
 $200,000,000, and, although the Bureau of Municipal Eesearch, 
 because of its independent position and corps of trained men, 
 could have done much to make the merits of the question clear to 
 the people, the Bureau took practically no part in the discussion. 
 
340 
 
 THE PROGRESSIVE MOVEMENT 
 
 by the people, the efficiency movement becomes an 
 asset. If government is controlled by interests inimical 
 to the people, it is no reason for discarding the efficiency 
 movement. It is an added reason vrhy the people should 
 capture the improved government which the efficiency 
 movement has created. 
 
CHAPTEK XVI 
 
 THE SOCIAL MOVEMENT 
 
 After it has freed itself from the domination of a 
 state legislature too often hostile to its best interests; 
 after it has simplified its structure of government so as 
 to make it more amenable to popular control; after it 
 has made its government thus freed and simplified, 
 efficient and economical, the city is prepared to direct 
 its attention to the social phase of the progressive move- 
 ment. 
 
 In the nation, as has already been pointed out, this 
 final phase of the progressive movement manifests itself 
 primarily in the conservation of natural resources; in 
 the states it manifests itself primarily in the conserva- 
 tion of human resources by enacting laws to prevent and 
 relieve social and economic distress. In the city, it 
 manifests itself in an extension of community regula- 
 tion and control over community problems. The con- 
 viction has been growing in recent years and has been 
 made stronger as city needs have become more and more 
 acute and pressing with the rapid increase in popula- 
 tion and the consequent congestion — that certain ac- 
 tivities hitherto left partly or entirely to individual 
 control and management to be conducted for private 
 profit are essentially public in their nature and should 
 be governed by the community in its own interest. For 
 a long time this phase of the progressive movement has 
 
 341 
 
342 THE PEOGBESSIVE MOVEMENT 
 
 been ignored because of the gTeat insistence that has 
 been placed upon efficiency, economy, and better mu- 
 nicipal administration: and even to-day it does not re- 
 ceive the attention which it deserves. But the appoint- 
 ment of a com mi ttee on social welfare by the Board of 
 Estimate in Xew York City, the increasing interest in 
 city planning and municipal ownership, and the growing 
 realization of the responsibility of a municipality for 
 the recreation of its inhabitants, are indicative of a 
 quickening of community consciousness in our munici- 
 pal life. 
 
 Tiie first of the responsibilities which the progressive 
 movement believes that the community in a city should 
 assume, in addition to those which it already bears, is 
 the responsibility for a city plan. While it is not true 
 that individuals have been allowed consciously to direct 
 and shape a city's growth and development by means of 
 a city plan, it is nevertheless strikingly true that in- 
 directly the interests of private individuals have almost 
 rively determined the direction and extent of cities' 
 growth. By speculating in realty values, by raising 
 and lowering rents, by controlling the services and 
 charges of public utility corporations, by providing 
 extensions to existing transit lines in accordance with 
 private profit rather than the community's needs, by 
 building terminals, stations, and wharves where they 
 have seen lit and in a hundred other ways, private in- 
 dividuals and not the community have been responsible 
 foi the character and extent of the development of cities. 
 All these activities that directly or indirectly determine 
 or help to determine the direction, extent, and character 
 of city growth, the progressive movement proposes to 
 place under community control by means of a city plan. 
 
 Broadly considered, a city plan is an intelligent pro- 
 vision,, based upon a careful consideration of all the 
 
THE SOCIAL MOVEMENT 343 
 
 factors involved, to determine and regulate the physical 
 growth and development of a city. It is not, as a false 
 emphasis that has been placed upon it by many writers, 
 especially the earlier ones, would make it appear, pri- 
 marily concerned with making a city beautiful, al- 
 though it does incidentally accomplish that result. 
 Winding roadways, ornate buildings, elaborate termi- 
 nals, narrow, picturesque streets, are not the vital con- 
 siderations in a city plan. It is rather to promote con- 
 venience in communication, security of health, and 
 opportunity for recreation that the city plan is designed. 
 Another erroneous impression in addition to the one 
 which connects a city plan with a city beautiful, is the 
 impression that a plan is made to serve for all time. 
 Although it is true that in the case of certain cities, 
 notably the city of Washington in our own country, that 
 once-for-all plans have been made and have needed sub- 
 stantially no modification, the changing conditions of 
 the bustling commercial and industrial centers would 
 cause any ordinary plan to be quickly outgrown. What 
 is needed, therefore, is a broad planning policy that 
 can be consistently followed, leaving the details to be 
 attended to in the light of special circumstances as they 
 arise. Finally, there is an impression abroad that city 
 planning includes the correlation and guidance of all 
 city activities and problems, that all agencies that pro- 
 mote the city's welfare, educational, social, and moral, 
 are to be combined in one comprehensive scheme to 
 serve the city's best interests. In its strict sense, city 
 planning includes none of these things, but is limited 
 to the control and guidance of those factors that affect 
 the physical growth of the city. 
 
 The factors that are related most closely to the physi- 
 cal growth of the city and which therefore are the 
 factors that determine the elements of a city plan, are 
 
344 THE PROGRESSIVE MOVEMENT 
 
 chiefly six: the natural physical characteristics of the 
 city : the means of communication between the city for 
 which the plan is intended and other cities ; the means 
 of communication within the city ; the housing problem ; 
 the health of the city's inhabitants; and, finally, the 
 need of providing recreation. That the physical char- 
 acteristics of a city play an important part in fixing 
 upon a city plan is obvious to any who will consider the 
 matter. The plan that is adapted to the city placed 
 upon a plain will not do for the city that is set upon a 
 hill; nor will the plan that fits an inland city or one 
 situated entirely on one bank of a river do for the sea- 
 port metropolis or the city which a river cuts in twain. 
 Washington, Albany. St. Louis. St. Paul, Des Moines 
 and Philadelphia all have individual needs that can be 
 met only by individual plans. Instead of attempting 
 an imitation that is bound to be fatal, instead of trying 
 to adapt the so-called checkerboard plan to a city whose 
 characteristics lend themselves more readily to a hub- 
 and-spokes plan, city plans should use the physical 
 peculiarities of cities as aids in working out a general 
 scheme. 
 
 A second factor in deteraiining the nature of the city 
 plan is the means of communication and commerce be- 
 tween the city for which the plan is designed and other 
 cities. The route by which railroads enter a city, the 
 structure — grade, subway, or elevated — that is used, the 
 location of terminals and the correlation of interurban 
 with intraurban transit facilities, play an important 
 part in shaping a city's growth. Some cities have 
 treated the railroad as an interloper and criminal and 
 have compelled it to enter the city by a side street and 
 back door : others have welcomed it eagerly and have set 
 aside a roadway along the waterfront or through the 
 heart of the best section of the citv for its use. Some 
 
THE SOCIAL MOVEMENT 345 
 
 cities have allowed railroads to maintain their tracks 
 at grade, creating a nuisance by the noise, sparks, and 
 cinders, and endangering human lives. Others have 
 required railroads to use subways or elevated struc- 
 tures, thereby economizing space and diminishing the 
 nuisance and the possibility of accident. In most in- 
 stances, however, the route and the structure have been 
 decided by the railroad itself or a comparatively few 
 interested property holders without any regard for its 
 effect upon the community as a whole. Because of their 
 influence upon the character and development of the 
 district in which they are located ; because of the con- 
 venience of passengers ; because of their relation to the 
 entire transit system of a city, railroad terminals should 
 be located in accordance with the carefully determined 
 policy of a definite city plan. It is little short of absurd 
 that a great railroad corporation, like the Pennsylvania 
 Eailroad, should build a well-equipped station in a city 
 like New York in an inaccessible part of the city where 
 it must remain for years, completely detached from the 
 city's rapid transit systems. "The entire apparatus for 
 rail transportation in a city — street railways, rapid 
 transit lines, and the so-called terminal facilities by 
 which long distance railroads exchange passengers and 
 freight with the local transportation services and ship- 
 pers — should be developed comprehensively as one enor- 
 mous complex machine in the interest of the whole com- 
 munity which it serves, regardless of the subdivisions of 
 agencies employed to construct and operate the 
 parts. . . ." 1 Mr. Olmsted might have included as a 
 part of the same comprehensive scheme, docks, wharves 
 and other water terminals because in many cities the 
 
 1 Frederick Law Olmsted, The Town-Planning Movement in 
 America, Annals of the American Academy of Political and So- 
 cial Science, January, 1914, p. 180. 
 
346 THE PROGRESSIVE MOVEMENT 
 
 location of these terminals, the ease with which trans- 
 shipments can be made, the coordination of docks and 
 wharves with public markets, affect the general welfare 
 of many cities even more than the location of railroad 
 terminals. 
 
 Closely associated with interurban commerce and 
 terminal facilities as a factor in city planning are the 
 intraurban means of communication and intercourse. 
 Whether the city owns its transit lines or not. it is of 
 the greatest importance that they be made to conform to 
 a uniform city plan, because of the universal depen- 
 dence upon them. The great desideratum is a single 
 system of trolley lines, subways, and elevated lines ; but 
 unfortunately, most cities have been so short-sighted 
 in their franchise grants that there have grown up a 
 number of rival, competing lines which refuse to lend 
 themselves to the provisions of a coordinated city plan. 
 In such cases, the work of the city planner is confined 
 almost entirely to regulating extensions where effective 
 supervision can be exercised to prevent the repetition of 
 mistakes already made. Nothing is more certain in city 
 development than that transit facilities are among the 
 most potent factors in determining the direction and ex- 
 tent of a city's growth ; and nothing should be made 
 more certain than that those vital factors should not be 
 used against the public interest by real estate speculators 
 and other private individuals merely to develop por- 
 tions of the city in which they are financially inter- 
 ested. To bring under subjection to the community's 
 interests railway lines already built, to place under sub- 
 jection those about to be built, should be the policy of 
 the city with a plan. Over three hundred and twenty- 
 five million dollars are being spent in Xew York City 
 to make extensive additions to its rapid transit system ; 
 and yet the city is spending comparatively little to de- 
 
THE SOCIAL MOVEMENT 347 
 
 termine or control the effect those additions will have 
 upon the growth and welfare of the city. The short- 
 sightedness of this policy will be apparent twenty or 
 thirty years hence when mistakes that are now made 
 will be too costly to mend. 
 
 The city street, common and prosaic as the term 
 sounds, is as essential a part of the means of intraurban 
 communication and intercourse as the subway, elevated, 
 and trolley lines; and even more so, for the route of 
 railways, even in the case of subways, is absolutely de- 
 pendent upon it. A map of a city is a map of its 
 streets. Streets are the city's arteries. Wherever they 
 extend, the city's life blood flows. Where they are nar- 
 row and constricted, the city's pulse is weak ; where they 
 are wide and open, industry and commerce beat quick 
 and strong. They are as important to the city as air 
 and sunlight and should be made to serve the city as a 
 whole. And yet, in spite of their importance in de- 
 termining the city's social and economic welfare, prac- 
 tically nothing has been done in America in planning 
 streets scientifically. On the contrary, the location, 
 width, and arrangement of streets have been left to 
 chance or to the real estate developer or private prop- 
 erty owner. The result is the worst kind of chaos and 
 confusion. Although it is manifestly impossible for 
 cities already established to reconstruct their streets on 
 any extensive scale, it is possible for them to have in 
 mind some general plan which may serve as a basis for 
 making alterations and additions in the future. Such a 
 plan should not be fixed and inflexible, but should be 
 based upon a scientific study of the conditions in the 
 individual city to which it is applied. The broad prin- 
 ciple that should guide a city in making its street layout 
 is the need of providing for citizens all over the city 
 easy, direct, and quick means of communication. To 
 
348 THE PROGRESSIVE MOVEMENT 
 
 that end, there should be several main arteries of traffic 
 connecting railroad terminals, ferries, public buildings 
 and the more important business centers of the city. If 
 these main arteries are provided, the less important side 
 streets can be used in part for recreational purposes. 
 The city street in crowded districts is the children's 
 playground ; 1 and where traffic is not heavy, broad side- 
 walks might be laid on which children might be per- 
 mitted to play ; all the more so, since if increased traffic 
 necessitates a wider roadway the space appropriated 
 for sidewalks could readily be restored. 
 
 Xo other factor enters more directly into a city plan 
 than the housing problem, and in no other field is city 
 planning expected to show more definite results. While 
 it is the aim of the city plan to give to as many citizens 
 as possible sanitary houses advantageously situated, it 
 must be remembered that a certain portion of the popu- 
 lation in all cities will, for a long time to come, be so 
 poor that they will be unable to live in anything better 
 than the tenements in the crowded districts. Most of 
 the legislation on housing has aimed to eliminate the 
 conditions that exist among the poorest classes; and 
 little attention has been given to the problem of pro- 
 viding better houses for the more numerous middle 
 classes. A first step that is frequently taken by Euro- 
 pean cities to promote better housing conditions is to 
 separate the business, manufacturing, and residential 
 sections by dividing the cities into zones. Such a 
 scheme, although it may help to improve conditions, is 
 bound to fail ultimately, however, unless the broad 
 economic and social factors that determine the distribu- 
 tion of the city's population are taken into considera- 
 
 1 See Jane Addams, The Spirit of Youth and the City Streets, 
 for an excellent exposition of the influence of the street on child 
 life. 
 
THE SOCIAL MOVEMENT 349 
 
 tion. These factors are accessibility to work, accessi- 
 bility to recreational centers, and the cost of the 
 materials that go into the home. 1 "The distribu- 
 tion of industrial, commercial and business centers, the 
 distribution of parks, playgrounds, schools, theaters, 
 museums, etc., contribute to the economic and social 
 environment which determines to a very considerable 
 extent the cost of a home and rents. The city plan 
 and the distribution of the factors constituting the 
 economic and social environment as expressed in terms 
 of facilities, time, and cost of transit, determine the non- 
 creative land values of a community which are an im- 
 portant factor in housing reform and which a carefully 
 developed community plan may reduce to a minimum. 
 By reducing the need for transit facilities through a 
 proper adjustment and distribution of the factors that 
 are essential to the economic and social life of the people 
 and by providing an evenly distributed municipal tran- 
 sit system . . . the enhancement of land values may be 
 checked and congestion with its attending evils 
 avoided." 2 Having done what it can by means of a 
 city plan to promote better housing conditions through 
 the control of the first two factors, there remains to be 
 considered the question of actual cost. This difficulty 
 can be met by municipal tenements and homes ; by co- 
 operative building and loan associations ; or by the erec- 
 tion of model houses by private individuals. It is doubt- 
 ful whether much relief can be expected from the model 
 tenements and model settlements conducted by private 
 enterprise. In the first place, the movement is too 
 spasmodic and the houses built too few to accommodate 
 
 1 See Carol Arondovici, Housing and the Housing Problem, 
 Annals of American Academy of Political and Social Science, 
 January, 1914, p. 4. 
 
 2 Ibid., pp. 4-5. 
 
350 THE PROGRESSIVE MOVEMENT 
 
 any considerable portion of the population ; and, in the 
 second place, the charges are usually beyond the reach 
 of the poorer and even the lower middle classes. The 
 solution of the housing problem, so far as a solution is 
 possible, will undoubtedly come through community 
 action working through a city plan. 
 
 A fifth factor that enters into the making of the 
 city plan is the need of protecting the community health 
 by regulating the community growth. One way in 
 which a city plan can help in protecting the co mm unity 
 health is by providing for an efficient system of waste 
 removal. Because of the varying conditions of size, 
 population, location, etc., no one plan can be devised 
 that would answer the needs of any large number of 
 cities: but there are nevertheless certain broad prin- 
 ciples that should be kept in mind. The first is that a 
 general plan for a sewage system should be prepared 
 in advance and followed as closely as possible. The 
 second is that every precaution should be taken in dis- 
 posing of sewage and other filth that disease is not 
 spread. If sewage is run into bays or rivers, pollution 
 should be carefully guarded against; and if disposal 
 plants are used, care should be taken to see that they are 
 placed in those parts of the city where they will be most 
 serviceable as a part of the sewage system and at the 
 same time cause the least nuisance. Finally, it should 
 be remembered that the whole problem is a costly one 
 and that no expense should be spared in working out 
 and adhering to a plan that will protect the health of 
 the city. 
 
 Another way in which the city plan can help in pro- 
 tecting the community's health is by insuring proper 
 light and air in streets and houses, through the limita- 
 tion of the height and width of buildings. Although 
 conditions in this countrv are much different and justify 
 
THE SOCIAL MOVEMENT 351 
 
 a more intensive use of land in our large cities, it is 
 nevertheless notable that the Woolworth building in 
 New York, the highest in the United States, is over six 
 hundred feet higher than any inhabited building in 
 London, Paris, and Berlin. Only recently have Ameri- 
 can cities come to appreciate the tremendous social im- 
 portance of regulating the size of structures erected 
 along their streets. The standards usually employed in 
 fixing a reasonable height and width for a building are 
 the width of the street and the size of the lot on which 
 it is built. No arbitrary limit need be fixed provided 
 the regulation results in fairness to all. Mr. Lawson 
 Purdy, of New York City, has suggested that a fair 
 test to be applied to determine the height and width 
 which should be allowed in a given area would be to ask 
 what would result if all the houses in that block were 
 of the same height and width. At all events, the prob- 
 lem is one that calls for community control. The indi- 
 vidual who owns a single lot between two tall skyscrap- 
 ers is helpless unless he wishes to and can afford to 
 erect a similar structure on his own property, or the 
 community intervenes to protect him. 
 
 A sixth and final factor that enters into the making of 
 the city plan is the need of providing community recrea- 
 tion by means of parks, museums, libraries, etc. With 
 the general policy of recreation, the city plan has noth- 
 ing to do ; it merely aims to place the means of recrea- 
 tion in the places where they will do most good. In the 
 case of parks, the first need is to have as many parks as 
 possible ; and the second to have them located most ad- 
 vantageously. One fifty-acre park situated in a remote 
 section of the city or even in the heart of the city will 
 be infinitely less valuable for recreational purposes than 
 a hundred half-acre parks scattered throughout the city. 
 The importance of providing for parks in advance where 
 
352 THE PROGRESSIVE MOVEMENT 
 
 they are going to be most needed cannot be overesti- 
 mated. A small bit of land in the heart of a district 
 infested by gangsters and thugs cost the city of Xew 
 York over $300,000, although it could have been bought 
 for a small fraction of that amount had the need for it 
 been foreseen. And yet it was worth all that was paid 
 for it and more because of the quiet transformation 
 which it worked in the entire surrounding neighborhood. 
 So far as the city plan is concerned with public build- 
 ings, such as museums, libraries, etc., it should provide 
 that as far as is possible they be distributed throughout 
 the city ; and where such distribution is not feasible, as 
 in the case of art museums, etc., that they be readily 
 accessible from all parts of the city. 
 
 A second extension of community activity proposed 
 by the progressive movement in the city is community 
 ownership and operation of public or community utili- 
 ties. The question of municipal ownership has been dis- 
 cussed so fully and so often that it is unnecessary here 
 to present any elaborate arguments for or against it. 
 The facts concerning the advantages and disadvantages 
 of public ownership, the experience of cities that have 
 experimented with it, have been compiled and inter- 
 preted. The important question for cities to decide 
 now is not whether municipal ownership is theoretically 
 good or bad ; but rather whether, in the light of this in- 
 formation and practical experience, they wish to try it ; 
 and, if so, how they may put it into effect. The real 
 objections to municipal or community ownership of pub- 
 lic utilities to-day, therefore, are not the academic and 
 theoretical objections often raised, but the practical 
 difficulties of putting it into actual operation. 
 
 Before passing on to a discussion of these difficulties, 
 it may be well to call attention to two considerations, 
 which from the point of view of the progressive move- 
 
THE SOCIAL MOVEMENT 353 
 
 ment, constitute unanswerable arguments in favor of 
 community control of all gas, water, electricity, and 
 transit corporations. In the first place, these corpora- 
 tions depend upon special privileges granted to them by 
 the public. They frequently have the right to condemn 
 land so that they may have a right of way ; and they lay 
 and keep their tracks, pipes, mains, and wires in the 
 public streets. Every grant given to them is at the pub- 
 lic's expense. In the second place, the public is abso- 
 lutely dependent upon these corporations for the services 
 which they render. ISTo individual in a city can do 
 without gas, electricity, water, or transportation any 
 more than he can do without light and air. Nor will it 
 do to say that the individual can command efficient ser- 
 vice at reasonable rates by fostering competition. Pub- 
 lic utility corporations are usually monopolies and 
 rightly so. It would be wasteful and inefficient to have 
 five or six different companies with as many different 
 sets of equipment supplying gas, water, electricity, and 
 transportation to a city. Monopolies, therefore, are es- 
 sential; and because they are monopolies and deal in 
 public necessities through the use of public property, 
 they are proper subjects of community ownership and 
 control. 
 
 The practical difficulties in the way of community 
 ownership are chiefly four : legal, contractual, financial, 
 and governmental. Legally many cities are without 
 the power to adopt a policy of municipal ownership be- 
 cause they are without the right of municipal home 
 rule. Before New York, Boston, Philadelphia and in 
 fact nine out of ten cities in the United States receive 
 permission from the legislatures of their respective 
 states or are given the power under a constitutional 
 home rule amendment, all discussions as to the desira- 
 bility of municipal ownership, so far as they are con- 
 
354 THE PROGRESSIVE MOVEMENT 
 
 cerned, are purely academic. That the states will give 
 this right to their cities is at present not very likely. 
 Beyond the fact that states are on the whole reluctant to 
 allow cities any latitude in the conduct of their own 
 affairs, many states have entered upon a policy of regu- 
 lation through state commissions and similar agencies 
 which they are unlikely to abandon: and even in some 
 states, where municipal home rule is in force, the in- 
 terpretation placed upon its provisions by the courts 
 have greatly curtailed the city's powers. 
 
 Even if the city did obtain the permission of the state 
 to buy up public utility corporations, there would re- 
 main the difficulty of obtaining the consent of the corpo- 
 rations to sell. Many of these corporations have per- 
 petual franchises; and in almost every case, the fran- 
 chise extends over a long period of years. These 
 franchises have been repeatedly held to be property even 
 where they have been granted for nothing, and courts 
 have often valued them at many millions. Since con- 
 fiscation of these franchises is impossible, the only 
 course open to cities that wish municipal ownership is 
 to buy relief from the obligations which the states have 
 imposed upon them. Even in the case of short-term 
 franchises, the amount of money required for this pur- 
 pose would be formidable ; while in the case of long- 
 term and perpetual franchises where the purchase price 
 would have to be estimated on the present worth of 
 future earnings for scores of years, it would be prac- 
 tically prohibitive. Moreover, many cities, notably 
 Xew York and Chicago, are already committed to a 
 policy of regulation through franchise agreements. 
 Thus in Xew York City, the Interborough Eapid Tran- 
 sit Company operates the subways under a definite 
 agreement as to profits, etc. To change this policy, to 
 relieve itself from all the contractual obligations which 
 
THE SOCIAL MOVEMENT 355 
 
 it has assumed, is not the least of the difficulties that 
 confront the city that would own its public utilities 
 corporations. 
 
 A third difficulty in the way of municipal ownership 
 is the financial difficulty. The impracticability of rais- 
 ing funds to buy up the franchises of public utility 
 corporations has already been touched upon; there is, 
 however, another phase of the difficulty which remains 
 to be considered, and that is the limitations placed upon 
 the power to borrow money. There is in many states a 
 debt limit imposed upon cities fixed usually at an 
 amount equal to a certain percentage of the assessed 
 valuation of the city's real estate. In New York City, 
 for example, the city may borrow money to the extent of 
 ten per cent, of the assessed valuation of the real prop- 
 erty in the city. As a result of this restriction, New 
 York City is within a few hundred thousand dollars of 
 its borrowing margin and probably could not raise the 
 money necessary for municipal ownership were all the 
 other difficulties removed. Unless the debt limit is ex- 
 tended or removed or the bonds issued for the purchase 
 of public utility corporations exempted from the debt 
 limit before they are self-sustaining, if it is reasonable 
 to expect that they will become self-sustaining, the 
 hands of most cities, so far as municipal ownership is 
 concerned, will be tied. 1 
 
 A final difficulty in the way of municipal ownership 
 of public utilities is the governmental one. By govern- 
 mental difficulty is meant the objection most commonly 
 raised against the assumption by the government of any 
 private enterprise, that it is impossible to eliminate 
 
 1 The constitution of New York provides for exemption from 
 the debt-limit of " bonds issued to provide the supply of water." 
 There is no reason why such exemption should not cover other 
 public utilities as well. 
 
356 THE PROGRESSIVE MOVEMENT 
 
 graft, corruption, inefficiency, and dishonesty from any 
 public enterprise. In making this objection to munici- 
 pal ownership, just as in making objection to so many 
 other public enterprises, the defenders of ' fc stand-pat- 
 ism" fail to appreciate the true condition of affairs 
 under private management. The record of stolen fran- 
 chises, corruption and special influence in politics, in- 
 adequate service, and the use of extensions to increase 
 realty values rather than to supply service, is a long 
 one ; and were it not for the most rigid kind of control, 
 by commission and otherwise, the same evils would con- 
 tinue unmitigated to-day. As it is, the service, rates 
 and general operation of public utilities in most of the 
 cities of the United States do not furnish great cause 
 for pride. Whether municipal ownership and operation 
 will improve conditions in any particular city it is 
 impossible to say; the only way to determine is to try 
 it. One thing is certain and that is that it has been 
 tried in many cities here and abroad in connection with 
 various public utilities with marked success. There is 
 no good reason why public operation should be synony- 
 mous with corruption and inefficiency; and with the 
 coming of simpler and more direct government ; of new 
 ideals and standards of service; and the increasing 
 prominence of the city expert, there is every ground for 
 believing that it will soon cease to be so. 
 
 The way to overcome these four practical difficulties 
 in the way of municipal ownership, though not easy, is 
 very clear. Cities must insist upon the right to be 
 free — free to determine their own policy with regard 
 to community utilities. To remove the difficulties that 
 arise out of existing contractual obligations, cities must 
 either buy franchises outright ; or make a special agree- 
 ment with franchise owners whereby a portion of the 
 company's earnings may be set aside as a fund for the 
 
THE SOCIAL MOVEMENT 357 
 
 amortization of the franchise value, imposing upon 
 those who refuse to accept such an agreement a heavy 
 franchise tax, denying them extensions, and other priv- 
 ileges ; and, finally, in some cases by entering into active 
 competition with the public utility corporations. To 
 make municipal ownership possible financially, the debt 
 limit must be extended or removed so far as public utili- 
 ties are concerned. And, finally, simpler forms of city 
 government should be introduced ; the new tendency in 
 the direction of greater efficiency and economy in city 
 service should be encouraged; and above all, citizens 
 should be educated to the point where they expect and 
 demand the highest type of officials and service in the 
 management of municipal affairs. 
 
 In addition to community control of community 
 growth and development and community ownership and 
 operation of community utilities, the progressive move- 
 ment in the city proposes community use of community 
 values for community purposes. The theory upon which 
 this proposal of the progressive movement is based is 
 the theory upon which the argument for the single tax 
 rests ; i. e., that the increase in the value of real estate 
 results from the activity of a community in building 
 up the neighborhood in which it is situated and does 
 not depend upon any one individual owner. To allow 
 the property owner who has done nothing but invest his 
 money in land and then await the efforts of others to 
 develop it, to reap the profits of others, is, in the opinion 
 of those who support the single tax, unfair and even 
 dishonest. Their proposal is, therefore, that the ben- 
 efits of increases in land values be taken from private 
 individuals and given to the community as a whole, in 
 order that the income thus derived may be devoted to 
 defraying the expenses of government. The imposition 
 of such a single tax would enable a city not only to 
 
358 THE PROGRESSIVE MOVEMENT 
 
 abolish all other forms of taxation and still have ample 
 funds to run the government : but also, according to 
 Henry George, the most prominent advocate of the 
 single tax in the United States, practically eliminate 
 poverty and distress. 
 
 Because of the obvious practical difficulties involved 
 in taking all land in a city from private individuals and 
 turning it over to be managed by the community as a 
 whole, the single tax, in its original form, is very rarely 
 adopted. There have grown up. however, several modi- 
 fications of it, all of which tend to accomplish the same 
 general end. One of these modifications is seen in the 
 proposition that is now frequently made to place a 
 larger tax proportionately upon land than upon build- 
 ings. In the larger cities, this proposition seems very 
 reasonable inasmuch as buildings are of relatively little 
 value and it is the situation of the property and not 
 what is on it that counts. In Xew York State, the pro- 
 posal to shift more of the burden of taxation upon land 
 has found definite expression in the past few years in 
 bills presented to the legislature the object of which is 
 to halve the tax rate on buildings. 1 The ends which the 
 advocates of these measures have in mind are chiefly 
 two : in the first place they expect to increase the city's 
 revenues by increasing the tax on land ; and in the sec- 
 ond place, to encourage a wider distribution of popula- 
 tion and a relief of congestion by making it profitable 
 to build more buildings and thus bring about a lowering 
 of rents. It is doubtful whether the plan proposed will 
 accomplish either of these two results. In the first 
 place, if the revenues of the city are to remain the same, 
 the amount of income lost by removing the tax on build- 
 ings must be supplied by increasing the tax on land: 
 
 1 The latest of these bills, the Herrick-Schaap bill, was pre- 
 sented to the state legislature in 1914. 
 
THE SOCIAL MOVEMENT 359 
 
 and it is likely that such an increase, because it will 
 result in diminished land values, will tend to diminish 
 the tax on land values and thus defeat its own purposes. 
 As to the second object of the advocates of the plan; i. e., 
 the lowering of rents and the relief of congestion, it is 
 probable that here, too, the results that are expected will 
 not be wholly attained. If the tax on buildings is re- 
 duced or removed, the tendency will be to start a boom 
 in buildings that will cause an increase in the prices of 
 building materials and start in a reaction toward fewer 
 buildings. On the other hand, the increase in the tax 
 upon land and the fact that it is accessibility to busi- 
 ness and social centers that determines almost entirely 
 where people live, will cause a more intensive use of the 
 land and consequently greater congestion in the crowded 
 parts of the city than there is at present. Neither as an 
 attempt to increase the city revenues nor as an attempt 
 to lower rents does this proposal to halve the tax on 
 buildings promise any great success. 1 
 
 A second modification of the single-tax idea that is 
 frequently suggested is a tax on the increment or realty 
 values as determined by the increase in assessed valua- 
 tion or by the prices which it brings in the market at 
 successive sales. In its report to the Board of Estimate 
 and Apportionment in New York City on January 11, 
 1913, the Commission on New Sources of City Rev- 
 enues recommended such a tax in the following lan- 
 guage: "We, therefore, recommended an increment 
 tax of one per cent, per annum to be perpetual upon all 
 increments of land values as shown by comparison with 
 the assessed valuations of the year 1912 . . . and to 
 be in addition to the general tax levied upon all real 
 
 1 See Taxation of Beal Estate Values, by Delos F. Wilcox, 
 Annals of American Academy of Political and Social Science, 
 January, 1914, pp. 34 et seq. 
 
360 THE PKOGKESSIVE MOVEMENT 
 
 estate. If, for instance, the assessed value of a piece 
 of land rises from $100,000 in 1912 to $110,000 in 
 1913, the owner would be called upon to pay the general 
 tax, say, at the rate of 1.83, which would amount to 
 $2,013, and in addition the increment tax of one per 
 cent, of $10,000 or $100." As a device for giving to 
 the community definitely the increment in realty value 
 which the community creates, this modification of the 
 single tax is much more direct and effective than the 
 first plan discussed. It is, however, open to serious 
 objection because of the method by which the incre- 
 ment, on which the tax is to be based, is found. By 
 imposing a tax on the assessed valuation of property 
 from year to year, a city is taking an unfair advantage 
 of the property owner and is taxing something as in- 
 definite and changeable as stock values. If the incre- 
 ment were determined by taking the average increase 
 over a period of years, or if it were determined by com- 
 paring the price paid at two successive sales, the tax 
 would be much more equitable. So far as the tax on 
 increments relates to the problem of housing and con- 
 gestion, it involves an entirely new set of considera- 
 tions, which it is not necessary to discuss here. The 
 important thing for the progressive movement in con- 
 nection with increments is that a fair and just method 
 be used to insure to the community a reasonable portion 
 of the increase in property value which it helps to 
 create. 
 
 A final extension of the activity of the community 
 advocated by the progressive movement is greater com- 
 munity control over recreation and pleasure. The need 
 of a larger community control in this direction arises 
 out of the fact that in the city, because of the peculiar 
 industrial conditions under which men and women are 
 forced to work and live, the insistence upon excitement 
 
THE SOCIAL MOVEMENT 361 
 
 and intense pleasure is more pronounced and more 
 dangerous than anywhere else. The farmer or the mer- 
 chant in the country town performing a variety of in- 
 teresting activities under agreeable circumstances finds 
 almost complete satisfaction in his work and looks upon 
 his leisure hours as an opportunity to rest and re- 
 cuperate. The clerk in the office, closely confined to a 
 few routine duties in unpleasant surroundings, the girl 
 in the sweatshop or factory performing monotonous 
 mechanical actions in the midst of the most depressing- 
 influences, of necessity look upon work as drudgery and 
 seek their real existence in the hours when they are 
 free. In proportion as their work is confining, nerve- 
 racking, and tense, their desire for excitation, stimula- 
 tion, and strong sensation is stronger. Recreation and 
 amusement become the vital factor in people's lives no 
 less necessary than food or drink. 
 
 The agencies that exist in most cities to meet this 
 craving for recreation and amusement are at present 
 almost entirely private individuals whose sole aim is 
 profit. Recreational facilities are commercialized. The 
 moving-picture show, the theater, the dance hall, the 
 saloon, and the brothel are all organized on a commer- 
 cial basis to take advantage of the intense seeking after 
 pleasure and to make money out of it. Under such a 
 system, pleasure inevitably becomes vice ; and gambling, 
 drunkenness, and prostitution, the three great evils of 
 city life, become widespread. 1 Cities accept these 
 evils as necessary features of city life, and it is only 
 when the organized panderers to depravity and degen- 
 eracy become so bold and obnoxious as to be a public 
 
 x For a powerful treatment of this whole question, see chapter 
 on ''Control of Leisure" in The American City, by Delos F. 
 Wilcox. 
 
362 THE PROGRESSIVE MOVEMENT 
 
 nuisance that the community as such feels called upon 
 to intervene. 
 
 It is the conviction of those who believe in com- 
 munity provision for the recreation of a city's inhabi- 
 tants, that while all vice and crime cannot be removed 
 by any single device, the evil results, especially those 
 that are due to a conscious appeal to the lower instincts 
 by commercial agencies can be greatly reduced by in- 
 telligent community action. To take the place of 
 tawdry, cheap moving-picture shows catering to the 
 taste for the sensational and the exciting, the city can 
 supply municipal moving-picture theaters where there 
 may be exhibited films that will have all the attractive- 
 ness and none of the dangers of those exhibited now. In 
 place of the saloon or the street corner as the meeting- 
 place of men and boys and the breeding place of gang- 
 sters and rowdies, the city can open up the schools to 
 serve as club-rooms and gymnasiums. In place of the 
 dance hall, too often but an adjunct to the saloon and 
 brothel and the means of securing recruits to the con- 
 stantly depleting ranks of white slaves, the city can pro- 
 vide municipal dance-halls conducted under proper su- 
 pervision and giving opportunity to young men and 
 young women for social intercourse of a helpful, stimu- 
 lating kind. The agencies for carrying on this work are 
 already at hand : the school, which now stands idle many 
 hours in the day and many months in the year, the 
 parks, the recreation piers, might all be pressed into 
 service. But even if the agencies were not at hand, 
 the money spent by a city in wresting recreation from 
 private agencies and placing it under the direction of 
 the community could not be more profitably invested. 
 In the city, life is pleasure, and pleasure is life. If 
 the American city fails, it will fail not because of the 
 work its people do or the places in which they live, but 
 
THE SOCIAL MOVEMENT 363 
 
 because of the pleasures which they seek. It is vice, 
 high living, and deterioration of moral fiber more than 
 anything else that destroy cities and democracies. 
 
 This, then, is the program of the progressive move- 
 ment in the city so far as the last, or social phase, is 
 concerned. To extend the community's activities; to 
 provide community control of the community growth 
 and development by means of a city plan; to provide 
 community ownership and operation of community 
 utilities; to provide community use of community val- 
 ues for community purposes; and, finally, to provide 
 community regulation of community recreation ; — these 
 are the extensions of the functions of government for 
 which the progressive movement in the city stands. 
 Freed from the state legislature, simplified in its struc- 
 ture, perfected in its operation, vitalized and enlarged 
 in the scope of its activities, city government will be 
 well equipped to meet the needs of its citizens and to 
 fulfill its mission of democracy. 
 
INDEX 
 
 Adams, John, 12. 
 
 Addams, Jane, 85. 
 
 Alabama, 165; child labor in, 246; 
 law providing for commission 
 government in, 286. 
 
 Albany, 344. 
 
 Aldrich, Senator, 20. 
 
 Amendments to federal constitu- 
 tion, theoretical difficulty of ob- 
 taining, 144; practical difficulty 
 of obtaining, 144-145; seventeen 
 amendments analysed, 145; 
 plan to simplify, 147. 
 
 American party, 28. 
 
 American Tobacco Company case, 
 criticism of, 128. 
 
 Anti-Monopoly party, 28. 
 
 Arizona, 38; recall in, 242-243; 
 municipal home rule in, 287; 295. 
 
 Australian method of preferential 
 voting, 200. 
 
 B 
 
 Baldwin, Simeon, 42. 
 
 Banking system, defects of former, 
 135-137; defects of former sys- 
 tem corrected, 137-139. 
 
 Bank reserves, concentration of, 
 135-136; under Glass-Owen Law, 
 138. 
 
 Belmont, August, 42. 
 
 Bill of Rights, 145. 
 
 Bimetalism, issue on which pro- 
 gressive movement in Demo- 
 cratic party began, 26 ; legislation 
 on, 29; act of 1792, 29; Gresh- 
 am's law and, 30; act of 1834, 
 30; act of 1853, 30; "crime of 
 73," 31; Bland- Allison Act, 31 
 
 Sherman Silver Purchase Act, 
 32; rejected, 34; in campaign of 
 1900, 35. 
 
 Birmingham, 286. 
 
 Bland- Allison Act, 31. 
 
 Board of Estimate and Apportion- 
 ment, 328, 342, 359. 
 
 Boston, charter of, 234, 283. 
 
 Bryan, William J., 26; 28; plans to 
 capture Democratic party, 32; 
 campaign of 1896, 33-34; dis- 
 credited, 34; campaign of 1900, 
 35; campaign of 1904, 36; cam- 
 paign of 1908, 37; introduces 
 resolution against special inter- 
 ests in Democratic National 
 Convention, 1912, 42; vote for, 
 in Democratic National Conven- 
 tion, 1912, 42; transfers support 
 from Clark to Wilson, 43; rela- 
 tion to progressive movement, 
 45. 
 
 Bryce, James, on U. S. Senate, 154. 
 
 Buffalo, 286. 
 
 Bureau of Corporations, created as 
 part of Department of Commerce 
 and Labor, 49; investigates 
 Standard Oil Company and 
 American Tobacco Company, 
 50; reports of, 50; prototype of 
 Interstate Trade Commission, 
 131. 
 
 Bureau of Municipal Research, 
 cities having, 334; counties hav- 
 ing, 334; in New York City, 
 335-339; limitations of, 337-339. 
 
 Cable companies, not included un- 
 der the original Interstate Com- 
 
 365 
 
366 
 
 INDEX 
 
 merce Act, 116; placed under 
 Interstate Commerce Commis- 
 sion, 119. 
 
 California, 54; Johnson's work in, 
 63-67; 160; mothers' pensions in, 
 254-255; classification of cities 
 in, 286; municipal home rule in, 
 287; 289-290. 
 
 Cannon, Joseph, tariff revision, 73; 
 attempt to curtail powers as 
 speaker, 73 ; excluded from com- 
 mittee on rules, 74; resolution to 
 remove, defeated, 75; influence 
 over committees of House, 155. 
 
 Cedar Rapids, 301. 
 
 Census Bureau, quoted, 246. 
 
 Central bank, 140. 
 
 Central purchasing agency, 329. 
 
 Central reserve cities, 136. 
 
 Checks and balances type of city 
 charter, 303; 305. 
 
 Chicago, 17; 29; 41; 42; 45; 80; S4; 
 136; 193; 277; 354. 
 
 Child Labor, law regulating, in 
 Iowa, 61; extent of, 245—246; 
 causes of, 246; effects of, 247; 
 regulation of, 248-253; age-lim- 
 its, 249; hours of labor, 249; sex, 
 250; character of employment, 
 250-251; inspection of, 252; 273. 
 
 Cincinnati, 334. 
 
 Circuit Court, interpretation of 
 Sherman Act by, 127. 
 
 City manager plan, 300; advan- 
 tages of, 309; Galveston charter 
 and, 309; in Staunton, 309-310; 
 in Sumter, 311-312; in Dayton, 
 313; in Springfield, Ohio, 314; 
 317; 319. 
 
 City plan, need of, 342; definition 
 of, 342-343; factors that deter- 
 mine, 343-352. 
 
 City streets, city plan and, 347- 
 348. 
 
 Clark, Champ, candidate for nom- 
 ination for President, 40; wins in 
 primary elections, 41; vote for, 
 in Democratic National Con- 
 
 vention, 1912, 42; Tammany 
 Hall votes for, 43. 
 
 Cleveland, need of short ballot in, 
 206-207. 
 
 Cleveland, Grover, 33; 153. 
 
 Coal mines, ownership by railroads 
 in, 117; ownership in, by rail- 
 roads, forbidden, 119. 
 
 Colorado, corrupt practices act in, 
 205—206; mothers' pensions in, 
 254-255; municipal home rule 
 in, 287; 292-293. 
 
 Commission government, in Iowa, 
 61; in Illinois, 235; 300; funda- 
 mental features of, 302-307; 
 weaknesses of, 307-309; 317; 
 319. 
 
 Commission on Industrial Rela- 
 tions, 172. 
 
 Commission on New Sources of 
 Revenue (New York City), 359- 
 360. 
 
 Committees of Congress, power of, 
 154; Speaker Cannon and, 155; 
 election of, 155: method of con- 
 ducting business by, 155-156. 
 
 Common law defenses, 266. 
 
 Conservation of natural resources, 
 defined by Gifford Pinchot, 51; 
 made national issue by Roose- 
 velt, 52; opposed by Congress, 
 53-54; in California, 67; 163; 
 Secretary of Interior quoted on, 
 178-179. 
 
 Corporations, early investigation 
 of, 20; Sherman Act passed. 21; 
 issue in campaign of 1900, 35; 
 progressive movement in Repub- 
 lican party and, 46; special in- 
 fluence of, opposed by Governor 
 Cummins, 61; law in Iowa regu- 
 lating issue of stock by, 61; 
 domination of national govern- 
 ment by, 113; federal control of 
 industrial corporations, 124; fed- 
 eral policy toward industrial and 
 railroad corporations contrasted, 
 124-125; corporations, banking, 
 
INDEX 
 
 367 
 
 134; influence on judges, 238- 
 239. 
 
 Corrupt practices acts, 23 ; in New 
 Jersey, 40; in Iowa, 61 ; 201-206; 
 limitations on expenditures by 
 candidates, 202-204; in Wiscon- 
 sin, 202-203; in Oregon, 203 
 state aid to candidates, 204 
 Oregon statute quoted, 204-205 
 Wisconsin statute, 205 ; state aid 
 in Colorado, 205 ; defects in Col- 
 orado statute, 205-206; as aid in 
 electing good men, 213; 273; 300; 
 315; 316; in Springfield charter, 
 316. 
 
 Country bank towns, 136. 
 
 Crime of '73, 31. 
 
 Cummins, Albert, governor of 
 Iowa, 60; reforms of, 61 ; opposes 
 revision of tariff, 73. 
 
 Currency, inelasticity of, under 
 former banking system, 137; 
 elasticity of, under Glass-Owen 
 Law, 139. 
 
 D 
 
 Davis, Katherine B., 193. 
 
 Dayton, flood in, 184; adopts city 
 manager plan, 313; charter pro- 
 visions of, 313-314; bureau of 
 municipal research in, 334. 
 
 Democratic Federation, 38. 
 
 Democratic party, 4; early history 
 of, 12-13; view of slavery, 13; 
 at close of Civil War, 13 ; periods 
 of progressive movement in, 27; 
 characterized as corrupt, 28; 
 campaign of 1896, 34; campaign 
 of 1900, 35; campaign of 1904, 
 36; campaign of 1908, 36; pro- 
 gressive elements regain control 
 of, 38; in Oklahoma, 38; in 
 Arizona, 38; in New Jersey, 38- 
 39; primary campaign of 1912, 
 40; issues of, in 1912 campaign, 
 41; national convention of 1912, 
 42; campaign of 1912, 43; future 
 
 of, 44; national convention of, 
 in 1912, 83; vote of, in 1912, 86; 
 attitude on tariff, 173. 
 
 Denver, home rule in, 292; 299. 
 
 Department of Commerce, created, 
 49; 131; investigations by, 172. 
 
 Des Moines plan, adopted, 61 ; 301 ; 
 departments under, 306 ; 344. 
 
 Devine, Edward T., 256. 
 
 Dillon, Judge, quoted, 280. 
 
 Direct election of President and 
 Vice-President, advocated by 
 progressive movement, 151; ad- 
 vantages of, 152-153. 
 
 Direct election of U. S. senators, 
 advocated by Governor H. S. 
 Pingree, 58; resolution favoring, 
 in Iowa, 61; in California, 66; 
 in Oregon, 67; favored by Pro- 
 hibition party, 104; constitu- 
 tional amendment on, 146; pref- 
 erential election and, 146 ; effects 
 of, 153-154. 
 
 Direct legislation, 215; 228. 
 
 Direct primaries, 21; 23; in New 
 Jersey, 40; in Wisconsin, 56; 
 advocated by Governor H. S. 
 Pingree, 58; in Iowa, 61; in New 
 York, 63; in California, 64; 66; 
 in Oregon, 67; need of, 197; de- 
 fects in existing, 198-201; as aid 
 in electing good men, 213; 243; 
 244; 273. 
 
 Down River bill, 226. 
 
 Eaton, Allen H., quoted, 224. 
 
 Efficiency movement, 279; stages 
 of, 320-321; budget-making in 
 first stage of, 321 ; work and com- 
 pensation of employees in first 
 stage of, 322-323; supplies in 
 first stage of, 323-324; budget- 
 making in second stage of, 324- 
 328; work and compensation of 
 employees in second stage of, 
 327-328 ; supplies in second stage 
 
368 
 
 IXDEX 
 
 of, 329; limitations of, 330-333; 
 339;340. 
 
 Election to specific office, 306; 307. 
 
 Election at random, 306. 
 
 Employers' Liability Act, in Xew 
 Jersey, 40; in Iowa, 61; in Cal- 
 ifornia, 67; in U. S., 168; First 
 Employers' Liability Act, 168; 
 provisions of U. S. act, 169; 
 First Employers' Liability Act 
 declared unconstitutional by Su- 
 preme Court, 169-170; Second 
 Employers' Liability Act, 170; 
 constitutionality of Second Em- 
 ployers' Liability Act upheld by 
 Supreme Court, 171; defects of 
 Second Employers' Liability Act 
 171; 266; modification of com- 
 mon-law defenses by, 267-268; 
 defects of, 268-269. 
 
 Employers' Liabilitv cases, 170; 
 171. 
 
 English Parliament, 234. 
 
 Evarts. Senator, 20. 
 
 Express companies, not included 
 under original Interstate Com- 
 merce Act, 116; placed under 
 Interstate Commerce Commis- 
 sion, 119. 
 
 F 
 
 Factory- regulation and inspection, 
 need of, 261; problems of, 261- 
 262; lack of adequate, 263-264; 
 273. 
 
 Federal constitution, reasons for 
 restricting powers of, 5-7; de- 
 mocracy in, 9; interpretation of, 
 23; theoretical difficulty of ob- 
 taining amendments to, 144; 
 practical difficulty of obtaining 
 amendments to, 144-145; seven- 
 teen amendments to analysed, 
 145; plan to simplify present 
 plan of amending, 147. 
 
 Federalist party, 12. 
 
 Federal Reserve Board, 137. 
 
 Financial operations, not controlled 
 by Interstate Commerce Com- 
 mission, 118. 
 
 Floods, damage caused by, 184; 
 government intervention to pre- 
 vent, 184-185. 
 
 Fourteenth amendment, 23; 145; 
 160. 
 
 Free passes, law forbidding, in 
 Iowa, 61; not forbidden by orig- 
 inal Interstate Commerce Act, 
 117. 
 
 Free silver. See Bimetalism. 
 
 Free Soil Democrats, 17. 
 
 G 
 
 Galveston, commission govern- 
 ment in, 300; 309. 
 
 General acts, 284. 
 
 George, Henry, 358. 
 
 Gilbertson, H. S., 308. 
 
 Glass-Owen Law, 135; corrects de- 
 fects of former banking svstem, 
 137-139. 
 
 Goodnow, Frank J., 280. 
 
 Government ownership, 121; ob- 
 jections to, 121-123; of indus- 
 trial corporations, 133. See 
 Municipal ownership. 
 
 Granger cases. 19. 
 
 Grant, Ulysses S., corruption in 
 cabinet of, 16; appoints civil 
 service commission, 16. 
 
 Greenback party, 27. 
 
 Greenhut case, 126. 
 
 Hamilton, Alexander, views of 
 government contrasted with 
 those of Jefferson, 7-8; opposed 
 to democracy, 9; leader of Fed- 
 eralists, 12; 30. 
 
 Harlan, Judge, on need of corpora- 
 tion control, 47 ; dissenting opin- 
 ion of, in Standard Oil and To- 
 bacco cases, 156. 
 
INDEX 
 
 369 
 
 Harmon, Judson, candidate for 
 nomination for President, 40; 
 vote for, in Democratic National 
 Convention, 1912, 42; loses sup- 
 port of Tammany Hall in Dem- 
 ocratic National Convention, 43. 
 
 Hayes, Rutherford B., 153. 
 
 Hepburn Act, 119. 
 
 Hillquit, Morris, quoted on failure 
 of socialist communities, 95. 
 
 Hoar, Senator, 20. 
 
 Hoboken, 334. 
 
 Home Rule, 167. See also Munici- 
 pal home rule. 
 
 Honest Ballot Association, 211. 
 
 House of Governors, 165. 
 
 Housing problem, 348-349. 
 
 Houston, 301. 
 
 Hughes, Charles E., governor of 
 New York, 61 ; reforms of, 62-63. 
 
 Huntley law, 203. 
 
 Idaho, mothers' pensions in, 255. 
 
 Illinois, 18; 76; initiative in, 235; 
 child labor in, 246. 
 
 Illinois Central Railroad, 17. 
 
 Income tax, in Wisconsin, 56; in 
 nation declared unconstitution- 
 al, 145; constitutional amend- 
 ment on, 145; decision of Su- 
 preme Court on, 160. 
 
 Industrial Commission, in Wiscon- 
 sin, 56-57. 
 
 Ingram method, 199-200. 
 
 Inheritance tax, in Wisconsin, 56; 
 in Iowa, 61; in U. S., 177; rela- 
 tion of national to state tax, 178. 
 
 Interborough Rapid Transit Com- 
 pany, 354. 
 
 Initiative, 24; in Arizona constitu- 
 tion, 38; in California, 67; in 
 Oregon, 67; favored by Prohibi- 
 tion party, 104; 197; explained, 
 214-215; purpose of, 215; uses 
 of, 215-216; number required to 
 call election, 216-217; Maine law 
 
 cited, 216; Ohio law quoted, 216; 
 Oklahoma law quoted, 216-217; 
 filing petition for, 218-219; 
 Maine law quoted, 219; election, 
 220-221 ; governor's approval 
 unnecessary, 221; advantages of, 
 221-223; disadvantages of, 223- 
 228; operation of, in Oregon, 
 224-225; states having, 233; 243: 
 244; 273; 300; 315; 317. 
 
 Inland waterway commerce, 180- 
 181. 
 
 Interlocking directorates, 134. 
 
 Interstate Commerce Commission, 
 created, 20; original powers of, 
 115-119; report quoted, 117; ad- 
 ditions to original powers of, 
 119; railway rates and, 181; 208. 
 
 Interstate Trade Commission, 
 urged by President Wilson, 131; 
 problems of, 132-133. 
 
 Iowa, 18; 54; Cummins' work in, 
 60-61 ; mothers' pensions in, 255. 
 
 Irrigation, 183. 
 
 Jackson, Andrew, 13; 16. 
 
 Jefferson, Thomas, opinion on ex- 
 tension of governmental powers, 
 6; views of government con- 
 trasted with those of Hamilton, 
 7-8; not present at Constitu- 
 tional Convention, 9. 
 
 Johnson, Hiram W., governor of 
 California, 63; reforms of, 63-67; 
 nominated for Vice-President by 
 Progressive party, 85. 
 
 K 
 
 Kansas City, home rule in, 288. 
 Kentucky, child labor in, 246. 
 Knight case, 126. 
 
 Labor Reform party, 28. 
 
 La Follette, Robert M., district- 
 
370 
 
 INDEX 
 
 attorney of Dane County, 5-4: 
 elected to Congress, 54; opposes 
 corrupt influence in Wisconsin, 
 55: supports Haugen for gover- 
 nor of Wisconsin, 55; nominated 
 for governor, 55—56; elected gov- 
 ernor, 56; progressive legislation 
 in Wisconsin obtained by, 56-57 : 
 opposes tariff revision, 73; can- 
 didate for Republican nomina- 
 tion for President, 76; supporters 
 of withdraw, 77; analyses vote 
 cast for Roosevelt in Republican 
 National Convention, 82. 
 
 Land grants, 17. 
 
 Lincoln. Abraham, 13. 
 
 Lobbying, law regulating, in Wis- 
 consin, 56; law regulating advo- 
 cated by Governor H. S. Pingree, 
 58; law regulating advocated 
 bv Governor Albert Cummins, 
 61. 
 
 Lockport, city manager plan for, 
 310; 311. 
 
 M 
 
 Maine, initiative in, 216; 219; refer- 
 endum in, 230. 
 
 Marshall, John, 12. 
 
 Marshall, Thomas R., 42. 
 
 Martine. James E., 39. 
 
 Maryland, child labor in, 246. 
 
 Massachusetts, early constitution 
 of. 10; 18; 20; special legislation 
 in, 282. 
 
 Massachusetts ballot, 196: denned, 
 210; advantages of, 210; 273. 
 
 McKinley, William, nominated for 
 President, 33; reelected, 35. 
 
 Michigan, 54; Pingree's work in, 
 57-60; 76; mothers 7 pensions in, 
 254 ; 255 ; municipal home rule in, 
 287; 294-295. 
 
 Milwaukee, 334. 
 
 Minimum wage, 162; purpose of, 
 257; states having. 25S; objec- 
 tions to, 258-261; 273. 
 
 Minnesota, railroad commission in, 
 18; mothers' pensions in, 255; 
 municipal home rule in, 2^7; 
 291-292. 
 
 Missouri, mothers' pensions in, 
 255 ; municipal home rule in, 287; 
 288; 289. 
 
 Mobile, 286. 
 
 Money question. See Bimetalism. 
 
 Money trust. 135. 
 
 Monopolies, the Sherman Act and, 
 129-131. 
 
 Morgan, J. P., 42. 
 
 Mothers' pensions, 162; theory of, 
 253; states having, 254: to whom 
 paid, 254; age-limits, 254-256 
 amount of, 255 ; state laws cited 
 254-256 ; conditions of granting 
 25-5-256; Ohio statute quoted 
 255-256; objections to, 256-257 
 
 Municipal home rule, 279; states 
 having, 2S7; restrictions on, 288 
 299: 319. 
 
 Municipal ownership of street rail- 
 ways advocated by Governor 
 H.~S. Pingree, 60; 352; difficul- 
 ties in way of, 353-357. See 
 Government ownership. 
 
 N 
 
 National Association of Transpor- 
 tation and Commerce, 17. 
 
 National Child Labor Committee, 
 24S. 
 
 National Conservation Commis- 
 sion, established, 52; report of, 
 52-53; opposed by Congress, 53. 
 
 National conventions, methods of 
 electing delegates to, 149-150; 
 proposed modification of, 150. 
 
 National Progressive Republican 
 League. 70. 
 
 National Short Ballot Organiza- 
 tion, 310. 
 
 National Silver party, endorses 
 Bryan, 33. 
 
INDEX 
 
 371 
 
 National Training School for Pub- 
 lic Service, 337. 
 
 Nebraska, mothers' pensions in, 
 255; municipal home rule in, 
 287; 295-296. 
 
 New Haven Railroad, 123. 
 
 New Hampshire, mothers' pensions 
 in, 255. 
 
 New Jersey, 38; 40; 123; 165; 166; 
 mothers' pensions in, 255; 256. 
 
 Newlands Act, 183. 
 
 New Mexico, 229. 
 
 New York Central Railroad, 123. 
 
 New York (City), 136; 152; 193; 
 207; 211;277; 286; 299; 328; 334; 
 345; 346; 352; 354; 359. 
 
 New York (State), 20; 54; Hughes' 
 work in, 61-63; 79; 88; 123; 149; 
 150; 165; 166; workingmen's 
 compensation act in, 237 ; special 
 legislation in, 283 ; classification 
 of cities in, 286. 
 
 Non-partisan primaries, 300; 315. 
 
 Norris, George W., introduces res- 
 olution in House to revise com- 
 mittee on rules, 74. 
 
 North American Federation, 96. 
 
 North Carolina, early constitution 
 of, 11. 
 
 Occupational diseases, 262. 
 
 Ohio, 40; 76; initiative in, 216; 
 mothers' pensions in, 255; mu- 
 nicipal home rule in, 287; 295- 
 296; 297. 
 
 Oklahoma, 38; initiative in, 216; 
 217; municipal home rule in, 
 287; 294. 
 
 Olmsted, Frederick Law, 345. 
 
 Oregon, 54; political experiments 
 in, 67-68; corrupt practices act 
 in, 203-205; registration in, 211; 
 initiative in, 216; 224-226; refer- 
 endum in, 230; mothers' pen- 
 sions in, 255; municipal home 
 rule in, 287; 293. 
 
 Oregon Conservation Commission, 
 
 226. 
 Oregon System, The, 224. 
 Owen, Robert L., 38. 
 
 Paine, Tom, 6. 
 
 Parcel Post, 122. 
 
 Parker, Alton B., Democratic nom- 
 inee for President, 36; temporary 
 chairman of Democratic Nation- 
 al Convention, 1912, 42. 
 
 Payne-Aldrich tariff bill, 175. 
 
 Pennsylvania, 123; mothers' pen- 
 sions in, 255 ; 281 ; 282. 
 
 Pennsylvania Railroad, 123, 345. 
 
 Philadelphia, 76; 277; 281; 334; 
 344. 
 
 Philippines, issue in campaign of 
 1900, 35. 
 
 Pinchot, Gifford, on conservation, 
 51; head of National Conserva- 
 tion Commission, 52; abandons 
 La Follette's candidacy, 77. 
 
 Pingree, Hazen S., mayor of De- 
 troit, 57-58; governor of Michi- 
 gan, 58; reforms of, 57-60. 
 
 Pipe lines, not included under orig- 
 inal Interstate Commerce Act, 
 116; placed under Interstate 
 Commerce Commission, 119. 
 
 Pittsburgh, 282. 
 
 Police power, 164. 
 
 Political parties, failure to provide 
 for, in federal constitution, 11; 
 influence of, on voters, 72. 
 
 Populist party, 28; endorses Bryan, 
 33. 
 
 Post office system, 122. 
 
 Preferential voting, 300; 315. 
 
 Presidential preference primaries, 
 in Oregon, 67; operation of, in 
 1912, 75-76; explained, 150; 
 states having, 151. 
 
 Progressive movement, definition 
 of, 4-5; origin and development 
 of, 5; periods of, in Democratic 
 
872 
 
 INDEX 
 
 party, 27; phases of, in Repub- 
 lican party, 46-47; culmination 
 of, in Republican party, 70; in 
 Democratic, Republican, Pro- 
 gressive, and Socialist parties 
 compared, 89-90; history of, in 
 Socialist party, 93; relation of 
 Socialist party to, 99; in minor 
 political parties. 100-101; in 
 Prohibition party unimportant, 
 102; 103; issues of, advocated by 
 Prohibition party, 104 - 105; 
 close connection of Prohibition 
 party with. 10S; first of reforms 
 advocated in nation by. 113; 
 government ownership and. 120- 
 121; 123; control over banking 
 corporations advocated by, 134; 
 emphasizes need of government- \ 
 al control, 140-141; second of j 
 reforms advocated in nation by, 
 142; does not seek to abolish | 
 representative government, 143; 
 aims to abolish nominating con- 
 ventions, 150; favors direct elec- 
 tion of President and Vice-Presi- 
 dent, 151: favors widest pub- 
 licity of debates of legislative 
 committees, 156; favors recall 
 of judicial decisions that declare 
 a law unconstitutional, 160; 
 third phase of, in nation, 162; 
 position on extension of federal 
 power, 164; favors non-partisan 
 tariff commission, 175; proposes 
 national inheritance tax, 177; 
 relation of, to conservation, taxa- 
 tion, and social relief in nation, 
 186; in state and nation com- 
 pared, 1S9; favors woman suf- 
 frage, 190; aims to give majority 
 control, 196; favors direct pri- 
 maries, 197; favors corrupt prac- 
 tices acts. 202; urges ballot re- 
 forms, 206; favors Massachu- 
 setts ballot, 210; proposes meas- 
 ures of post - election control, 
 213; advocates initiative, refer- 
 
 endum, and recall, 214; advo- 
 cates recall, 232; advocates re- 
 call of state judges, 237; social 
 phase of, in states most impor- 
 tant, 244; minimum wage, part 
 of; 257; proposes state insur- 
 ance, 271; task of, in state plain 
 and definite, 273; in nation, 
 state, and city compared, 278; 
 four phases of, in city, 278-279; 
 second phase of, in cities, 299; 
 social phase of, 341; advocates 
 city plan, 342; proposes muni- 
 cipal ownership, 352; proposes 
 community use of community 
 values, 357; favors social con- 
 trol of recreation, 360; program 
 of, in city, 363. 
 
 Progressive party, formation of, 
 84; first national convention, 84; 
 nominates Roosevelt for Presi- 
 dent, 85; platform of, S5-S6; 
 vote of, in 1912, S6; analysis of 
 vote of, 86-87; future of, 87-88; 
 compared with socialist party, 
 S9-90: attitude on tariff, 173. 
 
 Prohibition, growth of, 107. 
 
 Prohibition party, organized, 101; 
 influence of, 101; suppression of 
 liquor traffic principal issue of, 
 102-104; national platform of, 
 104; reasons for lack of success 
 of, 105-108; split in, 106; close 
 connection of, with progressive 
 movement, 108. 
 
 Proportional representation, 300; 
 315; 316-317. 
 
 Public Service Commissions, in 
 New York. 62. 
 
 Public Utilities law, in New Jersey, 
 40; in Xew York, 62. 
 
 Race-track gambling, law to pro- 
 hibit, in Xew York, 63-64; law 
 to prohibit, in California, 64. 
 
INDEX 
 
 373 
 
 Railroad and Warehouse Commis- 
 sion, 18. 
 
 Railroads, early investigation of, 
 17; land grants to, 17; state com- 
 missions, 18; bill to establish 
 national commission, 19; Inter- 
 state Commerce Commission 
 Act passed, 20; taxation of, in 
 Wisconsin, 56; Wisconsin Com- 
 mission created, 56; regulation 
 of rates of, in Michigan, 58; 
 taxation of, in Michigan, 58-59; 
 Southern Pacific in California, 
 63-64; regulation of rates of, in 
 California, 64; 67; policy of fed- 
 eral and state governments with 
 respect to, 115; government 
 ownership of, 121; in cities, 
 344-345. 
 
 Railway rate regulation, in Mich- 
 igan, 58; in California, 64; 67; by 
 Interstate Commerce Commis- 
 sion, 116-117; maximum rates, 
 119. 
 
 Reagan, representative from Tex- 
 as, 19. 
 
 Recall, 24; causes rejection of Ari- 
 zona constitution, 38; in Cali- 
 fornia, 67; in Oregon, 67; favored 
 by Prohibition party, 104; of 
 Supreme Court judges, 158; lim- 
 itations of, in case of Supreme 
 Court judges, 159; of judicial 
 decisions, 159-160; 197; purpose 
 of, 215; states having, 233; the- 
 ory of, 233-234; operation of, 
 234-235; percentage required, 
 235; kinds of, 235-243; of judi- 
 cial decisions that declare a law 
 unconstitutional, 235-236; of 
 judges, 237-238; of elective offi- 
 cials, 239; use of, 241; of ap- 
 
 • pointive officials, 242; advisory 
 recall of federal judges and U. S. 
 senators, 242-243; 244; 273; 300; 
 315; 317. 
 
 Recreation, 351-352; 360-363. 
 
 Referendum, 24; in Arizona con- 
 
 stitution, 38; in California, 67; 
 in Oregon, 67; favored by Pro- 
 hibition party, 104; 197; purpose 
 of, 215; operation of, in Oregon, 
 224-225; explained, 228-229; on 
 constitutional amendments,229; 
 in New Mexico, 229; operation 
 of, 229-230; advantages of, 231- 
 232; objections to, 232; states 
 having, 233; 243; 244; 273; 300; 
 315; 317. 
 
 Registration of voters, 197; req- 
 uisites of adequate system of, 
 211-212; in Oregon, 211; 273. 
 
 Refrigerating plants, not included 
 under the original Interstate 
 Commerce Act, 116; placed un- 
 der Interstate Commerce Com- 
 mission, 119. 
 
 Republican-Democrats, 12. 
 
 Republican party, 4; succeeds Whig 
 party, 13; at the close of Civil 
 War, 13-14; characterized as 
 corrupt, 28; campaign of 1908 
 37; special interests and, 37 
 primary campaign, 1912, 41 
 national convention, 1912, 41; 
 corporations and, 46; conserva- 
 tion and, 51-52; in Wisconsin, 
 54-56; in Michigan, 57-60; in 
 Iowa, 60-61; in New York, 61- 
 63; in California, 63-67; in Ore- 
 gon, 67-68; split in, over tariff 
 revision, 73; primary campaign 
 of, in 1912, 76; nominates Taft 
 for President, 81; attitude on 
 tariff, 173; tariff revision by, in 
 1909, 175. 
 
 Reserve cities, 136. 
 
 Rhode Island, 20. 
 
 Rochester, 286. 
 
 Roosevelt, Theodore, nominated 
 for President, 36; relation to cor- 
 porations, 36; panic of 1907, 36; 
 significance of vote for in 1912, 
 43; a radical, 44; finds Sherman 
 Anti-trust Act inadequate, 49; 
 obtains Bureau of Corporations, 
 
374 
 
 INDEX 
 
 49; uses Sherman Law against 
 Standard Oil Company and 
 American Tobacco Company, 
 50; unsuccessful in attempt to 
 control corporations, 51; makes 
 conservation national issue, 52; 
 opposed by Congress in con- 
 servation movement, 53; an- 
 nounces candidacy for Presi- 
 dency in 1912, 77; primary cam- 
 paign against Taft, 80; defeated 
 for nomination for President, 81 ; 
 explains defeat, 81; nominated 
 for President by Progressive 
 party, 85; opposes corporations, 
 113-114; Sherman Act under, 
 126; proposes House of Gover- 
 nors, 165. 
 
 Rousseau, 6. 
 
 Ryan, Thomas F., 42. 
 
 S 
 
 Safety Appliance Law, in U. S., 
 118. 
 
 Safety devices, not required by 
 original Interstate Commerce 
 Act, 118; in factories, 262. 
 
 Schreiner, Olive, 192. 
 
 Seager, Henry R., 260. 
 
 Sherman Anti- trust Act, passed by 
 Congress, 47-48; thought inade- 
 quate by Roosevelt, 49 ; invoked 
 against Standard Oil Company 
 and American Tobacco Com- 
 pany, 50; interpretation of, by 
 Supreme Court, 51; provisions 
 of, 125-126; suits brought under, 
 126; a failure, 129; "unreason- 
 able" read into by Supreme 
 Court, 156. 
 
 Sherman Silver Purchase Act, re- 
 peal of, 29 ; passage of, 32 ; effect 
 of repeal of, 32. 
 
 Short ballot, 206-210; need of, in 
 Cleveland, 206-207; methods of 
 shortening ballot, 207-208; ad- 
 vantage of, 209; 273. 
 
 Sleeping-car companies, not in- 
 cluded under the original Inter- 
 state Commerce Act, 116; placed 
 under jurisdiction of Interstate 
 Commerce Commission, 119. 
 
 Smith, Herbert K., quoted on 
 water power, 182. 
 
 Socialism, three stages of, 93; com- 
 munity stage, 93; organization 
 of communities, 94-95; labor or- 
 ganization stage, 95-96; political 
 stage, 96-97. 
 
 Socialist Labor party, organized, 
 97. 
 
 Socialist party, vote of, in 1912, 1; 
 87; effect of Progressive party 
 upon, 87; compared with Dem- 
 ocratic and Republican parties, 
 89; compared with Progressive 
 party, 89-90; formation of, 97; 
 in Milwaukee and Schenectady, 
 97; resemblance to Progressive 
 party, 97-98; reasons for growth 
 of, 98-99. 
 
 Social legislation, in U. S. and 
 Europe compared, 244-245. 
 
 South Carolina, 311. 
 
 South Dakota, mothers' pensions 
 in, 255. 
 
 Southern Pacific Railroad, control 
 of California by, 63-64; 123; 
 Supreme Court and, 160; 267. 
 
 Special legislation, 283; prohibi- 
 tion against, in constitution of 
 New York, 283-284. 
 
 Spoils system, 13; 16. 
 
 Spokane case, 117. 
 
 Springfield, Ohio, 314. 
 
 St. Louis, 136; home rule in, 288; 
 344. 
 
 St. Paul, 344. 
 
 Standard Oil Company case, Jus- 
 tice Harlan quoted, 47; decision 
 of Supreme Court in, 48; 51; 
 criticism of, 128. 
 
 State insurance, 266; compared 
 with workmen's compensation, 
 272. 
 
INDEX 
 
 375 
 
 Staunton, city manager plan in, 
 309-311. 
 
 Sulzer, William, 42. 
 
 Sumter, adopts city manager plan, 
 311; advertises for city manager, 
 312. 
 
 Supreme Court (U. S.), under Mar- 
 shall, 12; decision of, in Standard 
 Oil and American Tobacco cases, 
 48; 51; interpretation of Sher- 
 man Act by, 127; decision in 
 Knight case, Standard Oil case, 
 and American Tobacco case crit- 
 icised, 127-128; declares income 
 tax unconstitutional, 145; judi- 
 cial amendments of legislation 
 by, 156; judicial amendment 
 of constitution by, 157; decision 
 of, in Income Tax case, 160; 
 in Southern Pacific Railroad 
 case, 160; declares Employers' 
 Liability Act constitutional, 171 ; 
 declares law limiting hours 
 of labor in New York unconsti- 
 tutional, 237; on municipal home 
 rule, 280-281. 
 
 Taft, William H., nominated for 
 President, 37; elected, 37; fails 
 to carry out Roosevelt's policies, 
 37; vetoes Arizona Statehood 
 bill, 38; significance of vote for 
 in 1912, 43; fails to control cor- 
 porations, 51; speech at Winona 
 on tariff, 69; primary campaign 
 against Roosevelt in 1912, 80; 
 nominated for President, 81; 
 vote for, in 1912, 86; creates 
 tariff commission, 173. 
 
 Tariff Commission, established un- 
 der President Taft, 173; abol- 
 ished, 173; need of, 173-176; 
 advantages of, 176-177. 
 
 Tariff, revised by Democrats, 44; 
 revised by Republicans, 68-69; 
 split in Republican party over, 
 
 73 ; non-partisan commission ad- 
 vocated by Prohibition party, 
 104; tariff commission estab- 
 lished, 173; tariff commission 
 abolished, 173; need of tariff 
 commission, 173-176; advan- 
 tages of, 176-177. 
 
 Telephone and telegraph, not in- 
 cluded under the original Inter- 
 state Commerce Act, 116; placed 
 under Interstate Commerce 
 Commission, 119; government 
 ownership of, 121. 
 
 Teller, Senator, 33. 
 
 Texas, municipal home rule in, 
 287; 296-297. 
 
 Tilden, Samuel J., 153. 
 
 Timber lands, ownership by rail- 
 roads in, 117; not included in 
 Hepburn Act, 119. 
 
 Trans- Missouri Freight Associa- 
 tion case, 128. 
 
 Treasury notes, 139. 
 
 U 
 
 Underwood, Oscar W., candidate 
 for nomination for President, 
 40; vote for, in Democratic Na- 
 tional Convention, 1912, 42; 
 tariff bill of, 175. 
 
 Underwood tariff bill, 175. 
 
 Union Labor party, 28. 
 
 United Labor party, 28. 
 
 Up River bill, 226. 
 
 U. S. Steel Corporation, 267. 
 
 Utah, mothers' pensions in, 255. 
 
 Vermont, 18; child labor in, 246. 
 Victoria, minimum wage in, 260. 
 Virginia, 310; 313. 
 
 W 
 
 Wages, average, 246. 
 Warehouses, not included under 
 
376 
 
 INDEX 
 
 the original Interstate Com- 
 merce Act, 116; placed under 
 jurisdiction of Interstate Com- 
 merce Commission. 119. 
 
 Washington (City), 76; 344. 
 
 Washington, George, 12. 
 
 Washington (State), 166; child 
 labor in, 246; mothers' pensions 
 in, 255; state insurance in, 271- 
 272; municipal home rule in, 
 287; 291; 297. 
 
 Water-power, 182. 
 
 Waterways, uses of, 180: as instru- 
 ments of commerce, 180; neglect 
 of. ISO: benefits of waterway 
 commerce, 181; as sources of 
 water power, 182; for purposes 
 of irrigation, 183. 
 
 Whig party, 13. 
 
 White, Edward (Chief Justice) , de- 
 cision of, in Standard Oil case, 51. 
 
 Wichita, 308. 
 
 Widows' pensions. See Mothers' 
 pensions. 
 
 Wilson, Woodrow, nominated and 
 elected governor of New Jersey, 
 39 ; favors Martine against Smith 
 for U. S. Senate, 39; progressive 
 legislation obtained by, 40; can- 
 didate for nomination for Presi- 
 dency, 40; vote for, in Demo- 
 cratic National Convention, 1912, 
 
 42; receives support of Bryan, 
 43; nominated for President, 43; 
 significance of vote for, in 1912, 
 43; large amount of progressive 
 legislation obtained by, 44; vote 
 for, in 1912, 86; on control of 
 corporations, 114; urges Inter- 
 state Trade Commission, 131. 
 
 J Wisconsin, railroad commission in, 
 18; 54; 166; corrupt practices act 
 in, 202-203; 205; mothers' pen- 
 sions in, 254; 255; 271. 
 
 I Woman suffrage, in California, 67; 
 favored by Prohibition party, 
 104-105; in Republican plat- 
 form, 1872, 105; part of pro- 
 gressive movement in state, 190; 
 objections answered, 190-196; 
 states in which it has been 
 adopted, 193. 
 
 , Workingmen's compensation, in 
 Wisconsin, 56; 162; 165; 166; de- 
 clared unconstitutional in New 
 York, 237; 262; states having, 
 269; theory of, 269; general pro- 
 visions of, 269-270. 
 
 ■ Worthington, M. ML, 313. 
 
 Young, Ella Flagg, 193. 
 
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 ject matter under the following headings : The Conservation of 
 Life; Care of Health and Physique; Educational Problems; 
 Child Labor ; Juvenile Delinquency ; and the Dependent Child. 
 Much of the constructive philanthropy of to-day must deal di- 
 rectly with the child, the improvement of his conditions being 
 the direct objective. Those problems which affect children in 
 an indirect way, whether in the field of remedial or preventive 
 philanthropy, are not treated. The questions of child welfare, 
 however, are correlated. Under each separate problem are dis- 
 cussed the causes and conditions thereof, the machinery of so- 
 cial betterment, and the plans and program of improvement. 
 
 Although the book is designed especially for use as a text in 
 college courses on constructive and preventive philanthropy, it 
 will also appeal to that growing class of men and women who 
 in a systematic way are endeavoring to acquaint themselves 
 with the various aspects of practical sociology. 
 
 THE MACMILLAN COMPANY 
 
 Publishers 64-66 Fifth Avenue New York 
 
CITIZENS' LIBRARY 
 
 OF 
 
 Economics, Politics and Sociology 
 
 Edited by Richard T. Ely, Ph.D., LL.D. 
 
 Of the University of Wisconsin 
 
 Each volume 12mo. half leather, $1.25 net 
 
 "This has already proven itself one of the most fruitful among 
 the different 'libraries' of the sort, in yielding stimulating 
 books upon the modern phases of economic and social 
 science." — Philadelphia Public Ledger. 
 
 American City, The. A Problem in Democracy. By D. F. Wilcox. 
 American Municipal Progress. Chapters in Municipal Sociology. By 
 
 C. Zueblin. New Edition Preparing. 
 Child Problems. By George B. Mangold. 
 Colonial Administration. By Paul S. Reinsch. 
 Colonial Government. By Paul S. Reinsch. 
 
 Commission Government in American Cities. By Ernest S. Bradford. 
 Democracy and Social Ethics. By Jane Addams. 
 Economic Crises. By E. D. Jones. 
 
 Education and Industrial Evolution. By Frank Tracy Carlton. 
 Elements of Sociology. By F. W. Blackmar. 
 
 Essays on the Monetary History of the United States. By C. J. Bullock. 
 Foundations of Sociology. By E. A. Ross. 
 Government in Switzerland. By John M. Vincent. 
 Great Cities in America; Their Problems and Their Government. By 
 
 Delos F. Wilcox. 
 
CI 
 
 TIZENS' LIBRARY OF ECONOMICS, POLITICS AND SO- 
 CIOLOGY (Continued). 
 
 History of Political Parties in the United States. By J. Macy. 
 
 International Commercial Policies. By G. M. Fisk. 
 
 Introduction to Business Organization. By S. E. Sparling. 
 
 Introduction to the Study of Agricultural Economics. By H. C. Taylor. 
 
 ^ligation Institutions: A Discussion of the Growth of Irrigated Agri- 
 culture in the Arid West. By E. Mead. 
 
 Jloney: A Study of the Theory of the Medium of Exchange. By David 
 
 / Kinley. 
 
 Monopolies and Trusts. By R. T. Ely. 
 
 Municipal Engineering and Sanitation. By M. N. Baker. 
 
 Newer Ideals of Peace. By Jane Addams. 
 
 Principles of Anthropology and Sociology, The, in their Relations to 
 Criminal Procedure. By M. Parmelee. 
 
 Progressive Movement, The. By D. M. DeWitt. 
 
 Railway Legislation in the United States. By B. H. Meyer. 
 
 Social Control: A Survey of the Foundation of Order. By E. A. Ross. 
 
 Some Ethical Gains Through Legislation. By Mrs. Florence Kelley. 
 
 Spirit u£ American Government, The. By J. A. Smith. 
 
 Studies in the Evolution of Industrial Society. By R. T. Ely. 
 
 Wage-Earning Women. By Annie M. MacLean. 
 
 World Politics. By Paul S. Reinsch. 
 
 PUBLISHED BY 
 
 THE MACMILLAN COMPANY 
 
 Publishers 64-66 Fifth Avenue New York 
 
II 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
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