Class Book. T^W y ^•■■^ , «*>*^ 10 Copyright N" COPyRIGHT DEPOSIT. 4ft* TRAINING FOR CITIZENSHIP AN ELEMENTARY TREATISE ON THE RIGHTS AND DUTIES OF CITIZENS BASED ON THE RELATIONS WHICH EXIS^i BETWEEN ORGANIZED SOCIETY AND ITS INDIVIDUAL MEMBERS, AND BETWEEN THE INDIVIDUAL MEMBERS OF ORGANIZED SOCIETY BY JOSEPH WARREN SMITH, A.M. Formerly Superintendent of Schools , Bay City, Michigan NEW EDITION, REVISED LONGMANS, GREEN, AND CO. FOURTH AVENUE AND 30TH STREET, NEW YORK 1915 s\ ^^A* Copyright, 1902, By LOTHROP PUBLISHING COMPANY. Copyright, 1904, by LONGMANS, GREEN, AND CO. Copyright, 1015, by LONGMANS, GREEN, AND CO. New, Revised, Edition, June, 1915 JUL 31 1915 'CI.A401947 This work upon civics owes its existence to the fact that no one, so far as the author is aware, has attempted to cover the field in a similar way. There are numerous works upon civil government in which the Constitution of the United States has been discussed with great ability ; other books have treated the subject from the social stand- point ; still others have presented the principles of law ; but this is an attempt to combine the essential elements of all these features, and, with an historical background as a setting, to render the relation of one field to another of easy comprehension to the immature mind. If this has been successfully done, the result will be of substantia] advantage to the many youth in our schools who are even now upon the very threshold of life. An examination of the plan will show that considerable prominence has been given to the township and its gov- ernment, for it is here that the pupil has the best oppor- tunity to observe the workings of the governmental machine in its simplest form. Chapters V, XIX, and XXIII are transitional, and are introduced with a view to the im- parting of such information as will make the learner at home in his new surroundings ; still other chapters par- 3 PREFACE take of this nature, but the idea has not been kept so prominent. Chapter XVIII presents a concrete case for a mock trial, but it should be omitted in class work unless the trial be held. During the preparation of the book the author was so fortunate as to spend a number of months in Michigan, California, Arizona, and Florida, and availed himself of the best of opportunities to observe the peculiarities of the local government, and has aimed so to frame his state- ments as to meet the varying local conditions he has seen. The sources from which the materials for this work have been drawn are so diverse that an enumeration will not be attempted. The writer will, however, acknowledge his indebtedness to Hinsdale's "American Government" and to Bryce's "American Commonwealth," both of which should be available for reference. He gratefully acknowl- edges the assistance his wife has rendered him in offering suggestions and in the preparation of the manuscript. He is also under obligations to Colonel Hawley of Los Angeles for the very neat description of surveying the public lands. JOSEPH WARREN SMITH. Contents PART I ELEMENTARY PRINCIPLES— THE HOME, THE SCHOOL CHAPTER I PAGE Individual Rights 15 Selecting a definition; a citizen; classes of citizens; absolute rights; the police power; personal security; personal liberty; pri- vate property; religious belief and worship; value of absolute rights; political duties; social and other duties; (i) social duties, (2) industrial duties, (3) legal duties, (4) moral duties. CHAPTER II Principles and Definitions 22 Law of conduct; law defined; natural law; law of property; different sciences; definitions; origin of government; forms of government; the three departments; ruler and subject; a consti- tution; common law; statute law; the penalty; administrative and jural laws; limiting the powers of government; (i) strict-construc- tionists, (2) loose-constructionists, (3) sociaUsts, (4) communists, (5) anarchists. CHAPTER III The Home and its Government 33 Our home; the marriage relation; the family; object of the family; form of government; parental duty; parental authority; obedience of children; resources of the family; the homestead; exemptions. 5 CONTENTS CHAPTER IV PAGE The School and its Government 39 Education a necessity; the tuition school; the pubHc school; private schools; definition of a school; the school district; the school board; the school trustee; authority of the teacher; school regulations; examination of teachers; resources. CHAPTER V From Infancy to Manhood 47 Infancy; childhood; youth; associates; civil officers; other officials; legal liability of a minor; the law a shield; self-control; personal habits. PART II THE TOWNSHIP AND ITS GOVERNMENT CHAPTER VI The Congressional Township 55 Historical; cessions to Congress; disposal of the public lands; government survey; the congressional township; prime meridian and base line; the townships; convergence of meridians; correc- tion lines; sections; descriptions; acquiring lands; (i) under the homestead laws; (2) other methods. CHAPTER VII The Civil Township 62 Historical; the New England town; a political division; apoliti- cal unit; the birth of a township; twofold purpose; a pure democ- racy; the town meeting; the judicial township; township and county units. CHAPTER VIII Civil Township — Executive Departments 68 Powers and duties classified; the elective franchise; the town- ship charter; distribution of powers; township officers; chief executive; township clerk; treasurer; highway commissioner; other officers; the county system. 6 CONTENTS CHAPTER IX PAGE Civil Township — Legislative Department 73 Vesting of legislative powers; township board; judicial powers of the board; board of registration; board of election inspectors; board of health; board of review; board of school inspectors; under the county system. CHAPTER X The Choice of Township Officers . . .v , . . . 78 Candidates; preparation for voting; the polls; method of vot- ing; preparing the ballot; challenges; the canvass; majority and plurality; qualifying as an officer; assuming the office. CHAPTER XI Private Property 83 Nature of private property; definition of labor; division of labor; exchange; commerce; money; the coinage; paper money; value of paper money; taxation; eminent domain. CHAPTER XII Real Property 89 Land; buildings; waters; wild animals; kind of interest; free- holds; dower and courtesy; ccJmmunity property; title to real property; deeds; mortgages; foreclosure; registration. CHAPTER XIII Personal Property 96 Varieties of personal property; goods and chattels; title by pos- session; title by contract; commercial paper; promissory notes; quality of title; transfer of title by sale ; chattel mortgages. CHAPTER XIV Business Enterprises loi A business enterprise ; a partnership ; corporations; (i) powers, (2) management, (3) shareholders; joint-stock companies; stock exchanges; banks; insurance; credit agencies; indemnity compa- nies; building-loan associations; employment agencies; trusts. 7 CONTENTS CHAPTER XV PAGE Protection of Person and Property 112 Courts as instruments of protection; two kinds of injuries; two kinds of law; civil injuries founded on contract; civil injuries founded on wrongs; a crime; misdemeanors; a felony; treason; perjury; murder; arson; civil injury and crime; compounding a felony. CHAPTER XVI The Township Court — Civil Side . . . . . . .118 A court; a justice's court; a justice's jury; the jury in history; qualifications of jurors; civil jurisdiction; the complaint; the sum- mons; obtaining possession of property before suit; the subpoena; the trial; the verdict; the judgment; the appeal; the execution. CHAPTER XVII The Township Court — Criminal Side ' . 126 Criminal jurisdiction ; the complaint; a warrant; the arrest; ad- mitting to bail; the arraignment; the trial; the sentence. CHAPTER XVIII A Civil Case in a Justice's Court 131 Commencement of suit; service and return; the declaration; the adjournment; joining issue; striking a jury; the venire; selecting the jury; talesmen; examination of jurors; plaintiff's statement; defendant's statement; the evidence; further evidence; the argu- ments; concluding argument; the verdict; the judgment; the appeal. PART III THE VILLAGE, CITY, AND COUNTY GOVERNMENT CHAPTER XIX Formative Influences 143 Mental habit; social customs; industrial conditions; great in- ventions; religion; Magna Charta.; habeas corpus; the Bill of Rights; the Declaration of Independence; the national constitu- tion; ordinance of 1787; emancipation proclamation; popular ex- pressions; public men; writers and inventors. 8 CONTENTS CHAPTER XX PAGE Villages and Cities . . . .151 Historical; incorporation; how villages and cities are born; the charter; general principles; a cooperative association; identical features; national features; ordinances; subordinate boards; village courts; city courts; choice of officers. CHAPTER XXI Modern Tendencies — Cities 158 Responsibility; government by commission; efficiency; city man- agers; the unemployed; philanthropy; cooperation. CHAPTER XXII The County — Its Legislature . . . . . . . 162 The English county; the New England county; the Southern county; the compromise county; definition of a county; size and boundaries; the county seat; the board of supervisors; the judicial powers of the board; the county charter; subordinate boards. CHAPTER XXIII Political Machinery — Caucus and Primary. . . . . 168 Political parties; the county committee; township and ward politics; a political caucus; political clubs; the primary; holding a primary; ratio of representation; delegates; alternates and proxies. CHAPTER XXIV Political Machinery — Convention and Election . . .175 The convention; committee reports; real work of the conven- tion; nominations by petition; the campaign; the election; can- vass of votes. CHAPTER XXV Administrative Officers . . . 180 Kinds of officers; the sheriff; sheriff's assistants; county clerk; the treasurer; register of deeds; superintendent of schools; other administrative officers. CONTENTS CHAPTER XXVI The County Courts 185 Necessity for county courts; circuit courts; probate courts; law and equity; jurisdiction; the grand jury; the petit jury; super- visory powers; appeals; error; mandamus; injunctions; the circuit judge; the sheriff as court officer; the clerk as court officer; attor- neys at law; the county attorney; public defender; court commis- sioners. PART IV THE STATE GOVERNMENT CHAPTER XXVII One of the United States 197 Historical; a European colony; an American Territory; a future state; the Philippines; definition of a state; a sovereign state; bound- aries; colonial charters; state constitutions; provisions of a constitu- tion; interpretation of the constitution; miscellaneous provisions; the initiative; the referendum; the recall; resources. CHAPTER XXVIII The Executive Department 208 The counties combined; a business association; local agents of the state; the governor — civil executive, commander-in-chief of the militia, legislator, judicial duties; qualifications of governor; the lieutenant governor; removal from office. 214 CHAPTER XXIX Aids to the Executive . . . . . . . Number of departments; the secretary of state; the state treas- urer; the attorney general; the superintendent of public instruc- tion; commissioner of insurance; the railroad commissioner; administrative boards; the militia; the state library. CHAPTER XXX The Legislative Department 221 Bicameral; the membership; the Senate; the House of Repre- sentatives; sessions; committees; from a bill to a law; public acts; local acts; the lobby; constitutional limitations. 10 CONTENTS CHAPTER XXXI PAGE The Judicial Department . 231 Purpose of the courts; the judicial system; the subordinate courts — the justice's court, probate courts, county courts, municipal courts, circuit courts; the Supreme Court; supervisory powers; the supreme judges; supreme court officers; courts of other states. PART V THE NATIONAL GOVERNMENT CHAPTER XXXn The Founding of the Nation 241 From colony to state; colonial unions; the New England Con- federation; the Albany plan; the continental union; the Conti- nental Congress; the Confederation; separating influences; unify- ing influences; the Constitutional Convention; the Constitution a compromise; nature of the compromise; interpretation of the Constitution; amending the Constitution; checks and balances; federalism. CHAPTER XXXni Executive Department of thb: Nation 253 State and nation; the three departments; the President — civil executive, military duties, legislator, judicial duties, foreign repre- sentative; qualifications of President; choice of President; the electoral college; choice by Congress; the Vice-President. CHAPTER XXXIV Aids to the National Executive 260 The English Cabinet; advisers to the governors; the American Cabinet; comparisons; departmental business; secretary of state; secretary of the treasury; secretary of war; secretary of the navy; postmaster general; the attorney general; secretary of the interior — pension office, land office, patent office, Indian affairs, census bureau; secretary of agriculture — experiment stations, weather bureau; independent departments. I! CONTENTS CHAPTER XXXV PAGE Domestic and Foreign Relations 272 The civil service; civil service reform; education; Smithsonian Institution, Indian schools; public international relations; private international relations — the diplomatic service, the consular ser- vice; the army — composition, military rank, bureau of military justice, educational features; the navy. CHAPTER XXXVI The National Legislature 283 National and state legislatures compared; sessions of Congress; the Senate — special powers, organization, membership; the House — ratio of representation, special powers, organization, congres- sional districts, membership; the committee system; congressional legislation; powers of Congress — express, implied; magnitude of business. CHAPTER XXXVII The National Judiciary 293 Historical; departments interdependent ; United States commis- sioners; district courts; court of claims; circuit courts; circuit courts of appeal; the Supreme Court; common to more courts than one. CHAPTER XXXVIII Modern Tendencies — The Nation ...... 302 Paternalism; the minimum wage; menless jobs; immigration; strikes; arbitration; the Hague Tribunal; the Panama Canal; Pan- American. Social Tendencies Credit; sources of credit; federal reserve banks; public utilities; conservation; irrigation; agriculture; moral reforms; benevolent foundations. 12 Part I Elementary Principles — The Home The School Chapter I. Individual Rights Chapter II. Principles and Definitions Chapter III. The Home and its Government Chapter IV. The School and its Government Chapter V. From Infancy to Manhood INDIVIDUAL RIGHTS "All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty ; acquiring, possessing, and protecting property ; and pursuing and obtaining safety and happiness." — Constitution of California. 1. Selecting a Definition. — When we wish to know the meaning of a word, our first thought is to consult the dictionary. It would not, however, always be safe for us to accept the first definition we might see ; for very likely it would not make good sense in the place we might wish to use it. Even a shade of meaning often makes a great difference. 2. A Citizen. — The word ''citizen," for example, is used in two senses, — a narrow and a broad. In a narrow sense, a citizen is any person who has the right to vote for a public officer, and may himself hold a public office. In a broad sense, a citizen is any inhabitant of a state who is not an alien. 3. Classes of Citizens. — Citizens may be divided into two classes, — native-born and naturalized. Native-born are those who have been citizens from birth. The citizenship of the parent at the birth of the child, as a rule, determines the citizenship of the child. Naturalized 15 TRAINING FOR CITIZENSHIP are such as have been given the rights of citizenship. An alien is one who owes allegiance to a foreign government. 4. Absolute Rights. — The absolute rights which belong to every citizen are personal liberty, personal security, private property, and religious belief and worship. To secure these rights, certain regulations have been adopted from time to time by society, and every person has agreed, directly or indirectly, to be bound by them. In return for this obedience, society, as a whole, or the state, guarantees protection. 5. The Police Power. — The police power is the right which society has to make and enforce laws for the protection of its citizens. This it accomplishes through the agency of civil officers. A good citizen has not done his whole duty when he has merely obeyed the laws. Whenever he sees that they are being violated, or knows them to have been violated, he is bound to take all proper steps to bring the offenders to justice. The officers would never be able to enforce the laws without a strong public sentiment which the citizens must themselves create. 6. Personal Security. — By personal security we mean the right which every one has to enjoy his life, his body, his health, and his reputation. No man is permitted to take, wantonly, the life of another, nor to inflict any injury upon him that will cause pain or sickness. If we are ill, we are entitled to medical attendance, and if we are too poor to employ a physician, society will do so for us. Nor must any one be allowed to injure our good name, which is more precious than life itself. 16 INDIVIDUAL RIGHTS 7. Personal Liberty. — Personal liberty consists in our right to go wherever our inclination may direct, without interference from any one. Formerly, even in this country, the people were divided into two classes, — freemen and slaves ; but since the Civil War there have been no slaves in America. Every free man has this right of personal liberty ; a slave does not. 8. Private Property. — The right of private propert}^ (114) consists in the right to use, enjoy, and dispose of any property that one may have, without interference from another. As society is at present organized, this right is a necessity. One cannot be in the full enjoyment of his body or his life, if he does not have the means of protecting his life and of nourishing his body. 9. Religious Belief and Worship. — But the aim of society is not fully accomplished when it secures to every citizen safety, liberty, and property. A free government will also protect him in entertaining and expressing his opinion upon all questions which relate to the public wel- fare. This is especially true as to religion, which is, and always has been, one of the greatest forces in human affairs. The right of religious belief and worship may be defined as the right which one has to worship God in any manner, or not at all, as he sees fit. For any error he may make the individual is responsible, not to society, but to God himself. No one, however, is permitted, under the cloak of religion, to commit an act which society, by means of public law, has declared to be a crime. 10. Value of Absolut: Rights. — These rights are the inheritance of every native-born citizen, and every alien acquires them when he becomes a citizen. We are so 17 TRAINING FOR CITIZENSHIP accustomed to their enjoyment that we do not reahze their present value ; nor that it has cost milHons of Uves, bilHons of dollars, and untold suffering to acquire and preserve them. Any one who interferes with our exercise of these rights is a trespasser ; and the offence, when accompanied by violence, is a crime. If by our conduct we show our- selves unworthy of these great privileges, they can be taken from us ; but this must be done in an orderly man- ner, and such as is prescribed by the law of the land. 11. Political Duties. — The relation which the citizen sustains to the state, and to his fellow-men, impose upon him certain obligations. With reference to the state, these may be classified as political ; with reference to his fellow- men, they are social, industrial, legal, and moral. Political duties are such as pertain to the part one should take in administering the government. It is the duty of a good citizen to learn all he can about the nature of the govern- ment under which he lives, how its laws are made and enforced, the character of its foreign and domestic policy, its glorious history, and the theories advocated by the great political parties for the shaping of its future destiny. A good citizen will attend the primaries, cast his vote for the best men, and even seek office himself, if the welfare of the community demands it. 12. Social and Other Duties. — But if no one did more than merely discharge his political duties, there would be no progress, no improvement, society would be at a stand- still, and the character of all our institutions would eventu- ally decline. There are elements in society which to advance their own personal interests will not hesitate to trample on the rights of others. They pass sleepless i8 INDIVIDUAL RIGHTS nights in inventing ways to evade the laws ; they combine their skill and their money to secure enactments which will favor their selfish ends (242); they engage in pursuits which tend to debase humanity. By the faithful dis- charge of our social, industrial, legal, and moral duties, we may each be instrumental in reforming and elevating these influences. 1. Social Ditties. — Social duties are such as are con- cerned with the improvement of humanity. Ignorance, pauperism, and crime are to be found in every com- munity ; and the evils which flow from these sources, unless checked, will destroy the very foundations of the government. We ought, then, to give our active assistance to all those agencies which aim to alleviate suffering, ban- ish ignorance, or prevent crime. We should support the churches, favor enterprises which will give employment to labor, assist charitable institutions, and extend a helpful hand to the poor. 2. Industrial Duties, — Perhaps the most important duty which we owe to society at large is to support ourselves. The world does not owe us a living ; but only an oppor- tunity for earning it. In our youth we should obtain, not only intellectual education, but an industrial one. By the latter term is meant any kind of training which will enable us to make a living for ourselves, and for those who may hereafter be dependent upon us. 3. Legal Duties. — We cannot be members of society without sustaining relations to others which are legal in their nature. Such are those of parent and child, master and servant, pupil and teacher, guardian and ward, debtor and creditor. It is our duty to serve on juries, to pay our 19 TRAINING FOR CITIZENSHIP taxes, and even to protect our property by a suit at law when occasion requires it. 4. Moral Duties. — But religion and morality are also essential to national character. At present reformatories and prisons are as necessary as schoolhouses and churches ; and our civil courts spend far more time in rescuing our property from schemes of dishonest men than in settling honest difficulties. All this would be changed if every one would take the Golden Rule for his life's motto, and seek to do right for right's sake. TOPICAL ANALYSIS 1. The selecting of a definition. 2. A citizen in two senses. 3. Native-born and naturalized citizens. 4. Our absolute rights. 5. The police power. 6. Rights enumerated : — (i) Personal security. (2) Personal liberty. (3) Private property. (4) Religious belief and worship. 7. Value of absolute rights. 8. Political duties. 9. Other duties enumerated : — ■ (i) Industrial. (2) Social. (3) Legal. (4) Moral. 20 INDIVIDUAL RIGHTS QUESTIONS AND EXERCISES 1. Commit to memory the first paragraph of the Declaration of Independence. 2. Is it our duty to feed a hungry tramp? 3. How does " due process of law " differ in meaning from " lav/ of the land "? 4. Why is it ever one's duty to protect his property by a suit at law? 5. The principle, " once a subject, always a subject," led to what war? 6. What is duress? 7. Is teaching an industrial pursuit? 8. How does a reformatory differ from a prison? 9. In what does the offence known as " lese majeste " consist? 10. How does a right differ from a duty? 11. It is sometimes said that " a lie will run itself to death." Dis- cuss this. 12. Give a good reason for the appointment of a salaried physician by a school board. 13. Do you believe that every boy and girl should have an indus- trial education? 14. Name some of the ways in which the social conditions in your community might be bettered. 15. Should moving-picture shows be introduced in our pris ons? 21 II PRINCIPLES AND DEFINITIONS "And sovereign law, the state's collected will, O'er thrones and globes elate Sits Empress, assisting good, repressing ill." 13. Law of Conduct. — We often hear it said that this is a free country, and so it is ; but this does not mean that every one can do as he pleases. We are each entitled to the enjoyment of our absolute rights; but we must be careful so to regulate our conduct as not to interfere with another's right to the same privilege. It is not likely that we should always be able to do this, if it were not for cer- tain regulations which society has adopted for the guidance of its members. This principle lies at the foundation of the police power (5). 14. Law Defined. — A law may be defined as a rule of conduct, prescribed by a superior, and which an inferior is bound to obey. The four things to be considered in this definition are the superior, the inferior, the expression of the will of the superior, and the necessity for obedience. 15. Natural Law. — Place a feather and a bullet in a glass tube from which the air has been exhausted ; now invert the tube, and the feather and the bullet will be seen to reach the bottom at the same instant. This is an illus- tration of the law of falling bodies. Here the superior is 22 PRINCIPLES AND DEFINITIONS the Creator, the inferior is the feather and the bullet, the force of gravity is the law, and the obedience of the infe- rior cannot be avoided. i6. Law of Property. — We all know that we must not take and carry away any of our neighbor's property with- out his knowledge and consent. The law which forbids this was established by society for the protection of one of our absolute rights. This is a reasonable regulation, for unless we obey it, private property cannot exist. 17. Different Sciences. — A little thought will show you that these laws differ very materially in their nature. They represent two classes, one of which pertains to things, the other to human actions. The one class forms the basis of the so-called physical sciences ; the other, of the political sciences, among which is civil government. . 18. Definitions. — Civil government is that branch of political science which treats of the political rights and duties of the citizen (11). The word "civil" means relat- ing to the citizen ; and the science of civil government deals with the relation of the citizen to the state (4). Political economy is that branch of political science Avhich treats of the production and distribution of wealth. The former deals with the essential functions of government, as the keeping of the peace and the administration of justice in civil causes ; the latter, with the non-essential functions, as the regulation of trade and industry. The rights which the second political science seeks to advance are called economic, because they pertain to the comfort of the nation considered as one family. 19. Origin of Government. — There are three theories as to the origin of government, two of which assert that 23 TRAINING FOR CITIZENSHIP the Creator is the source of all power. The first maintains that He has conferred the right to rule upon one person, who, therefore, is the supreme ruler by divine appoint- ment. Such was the theory of the Stuart kings of Eng- land, and is now in all those states where the Moham- medan religion prevails. The second theory holds that the Creator gave to all the people who compose the nation the right to choose their own rulers. The third theory is that of the social compact (222). It holds that at our birth we entered into an implied contract (161) to obey the rules of organized society in return for the advantages which it affords. 20. Forms of Government. — The form of a government depends upon the character of its law-making power ; and it often happens, as in the case of Greece, that the history of one nation will illustrate several forms. A despotism is where one person carries everything by his own will and caprice, without law and without rule. In an absolute monarchy the chief ruler governs according to the forms of law, but his power to change the laws is unrestricted. An oHgarchy is where the chief power is in the hands of the few. An aristocracy is where the government is admin- istered by the "best people," or in other words by the nobles. Its principle is that " not to the common crowd, but to the select, belongs the preference in government." A pure democracy (80) is where the laws are made by all the people. A democracy has been defined as " a state where everything begins and ends with the people." A representative democracy, or a republic, is where the laws are made by representatives elected by the people. The principle of a democracy is equal rights for all citizens. 24- PRINCIPLES AND DEFINITIONS 21. The Three Departments. — If you will examine the book, or books, in which are pubHshed the laws by which this state is governed, you will observe that they are very numerous, and that they are upon a great many different subjects. Some of them are very simple, and others are apparently very complex ; but whether simple or complex, none of them were made by any one man, but by a body of men especially chosen for that purpose. This body of men forms the legislative department, or, as it is generally called, the legislature. But after a law has been enacted, some one must set it in motion when occasion requires. For example, the tax law contains carefully drawn directions as to how the taxes shall be assessed and collected; but if the assessor never makes out his roll, and the treasurer never calls upon us to pay, the public treasury will never receive anything from this source. Those officers whose duty it is to enforce the laws form the executive department. They are also very properly called administrative officers (271). It sometimes happens that the provisions of a law are not clearly expressed, and an executive officer will think it means one thing, while the one against whom he is attempting to enforce it will give it a meaning more favor- able to his interests. In such a case the officer will insist upon the enforcement of the law according to his under- standing of it, and the other must submit for the time ; but afterwards he can appeal to another man, or body of men, to say whether he or the officer was correct, and both must abide by the decision. Those men whose duty it is to interpret the law form the judicial department. 25 TRAINING FOR CITIZENSHIP 22. Ruler and Subject. — When we speak of " the gov- ernment " in a repubUc, we may refer to the body of rules by which the will of the people is made known. Usually, however, we have in mind the public officers who make, interpret, and execute the laws. We generally speak of these public officers as " our rulers," because they are placed in authority over us. All the rest are regarded as subjects. 23. A Constitution. — A constitution in this country is a written instrument in which is expressed the will of the whole people. The state constitutions have, in most instances, been submitted to a direct vote of the electors, and when adopted, have become the supreme law of the state, binding alike upon the highest officer and the humblest citizen. No law passed by the legislature is of any validity if it conflicts with any provision of the con- stitution. The constitution of England does not consist of a single act, nor was it ever adopted by a direct vote of the electors, but by their representatives in Parliament. 24. Common Law. — Common law consists of all those principles, usages, and rules of action, applicable to the protection of person and property, which do not rest for their authority upon the direct and express declaration of the will of the legislature. These laws depend for their validity upon long-continued custom. A good illustration may be found in the widow's right of dower (130). When we speak of the " common law," we refer to the customs which regulated the ordinary affairs of life in all parts of England before the Revolution, and to which our fore- fathers were accustomed when they came to this country. Local customs are excluded. 26 PRINCIPLES AND DEFINITIONS 25. Statute Law. — A statute is a law enacted by the legislature. Many of the statutes are simply formal en- actments of what was once permitted or forbidden by the common law. This is particularly true of the criminal code. Larceny was a crime at the common law before it was made so by statute ; but this was not so with embezzlement. On the contrary, to import goods without paying the duty is a statutory crime, and was not a crime at the common law. 26. The Penalty. — All laws consist of two parts, — a statement of the thing commanded or forbidden, and a penalty for the disobedience. A law without a penalty is simply a recommendation, which no one would obey from any fear of the consequences. This penalty may be loss of property, or of liberty, or of both, or even of life. All punishment has for its aims the prevention of crime and the reformation of the offender. The old law said " an eye for an eye and a tooth for a tooth " ; but this is not the modern spirit. Individual citizens may be animated by the spirit of revenge ; but all the people of the state, in whose name the penalty is inflicted, cannot possibly enter- tain this thought. Experience has shown that the certainty and the promptness with which conviction and punishment follow the commission of crime are far more effective for its prevention than is the severity of the penalty. In some of the states even murder is not a capital offence. Prison discipline is now far milder than formerly ; and much more humane in civilized than in barbarous countries. Trade instruction, chapel exercises, entertaining exhibitions, in- structive lectures, and the shortening the term of imprison- ment for good behavior are among the agencies employed for reformation. 27 TRAINING FOR CITIZENSHIP 27. Administrative and Jural Laws. — With reference to the ends they seek to accomplish, laws may be classified as administrative and jural. The former are such as relate to the duties of executive officers, to the methods of carry- ing on the government, and to the providing for the com- mon defence. As to these objects, the state may, within certain limits, adopt any means deemed necessary to secure a strong and efficient administration of public affairs. Jural legislation has for its object the settling of those controversies which arise between individuals, or between the state and individuals, as to their mutual claims* and demands. In this way does the state seek ''to establish justice and insure domestic tranquillity." To accomplish these purposes, courts of justice are instituted, and their methods of procedure are prescribed. To prevent contro- versies from arising, the state has provided business rules for men to follow ; as, for example, that certain contracts must be in writing. To settle controversies after they have arisen, certain principles have been recognized, either by the legislature or by the courts : as that the guardian shall be held responsible for any funds that may come into his hands belonging to his ward. 28. Limiting the Powers of Government. — It is uni- versally recognized that no form of government is tolerable which has not the strength to exercise its essential func- tions (18). Even the despotism of Russia is to be preferred to the lack of control which exists in the republic of Hayti. No government can command the respect of its own sub- jects, unless it is able to administer justice, pay its obliga- tions, repress domestic disorder, and defend its citizens when abroad. That the public authority shall have su/ffi- 28 PRINCIPLES AND DEFINITIONS cient resources and ample power to accomplish this, all good citizens are agreed. But when it comes to non- essential functions, there is a wide difference in opinions, which, however, are capable of classification. 1. Strict-constructioiiists . — Those who advocate the principle of non-interference with any undertaking that can be accomplished by private enterprise, may be called strict-constructionists. Extremists of this class would even deny the right of the government to carry the mails. In the history of our country, the strict-constructionists have always formed a powerful party ; and although they have been forced to abandon one position after another, yet they have undoubtedly done great good by preventing the too rapid and dangerous centralization of power. 2. Loose-constrnctionists. — The principle of the loose- constructionists is that the government should exercise its powers "to promote the general welfare " (403). To accom- plish this, they favor a protective tariff instead of free trade, for in this way, they say, industries will be started which will give employment to labor. It is in accordance with this theory that public land has been given (64) to build railroads ; that steamship companies have been subsidized ; and that bounties have been voted to establish sugar fac- tories. In our cities also we have municipal ownership of waterworks, and of electric Hght plants. Some even advo- cate state ownership of the telegraph and telephone lines, of the railroads, and the city ownership of the street car hues, on the ground that their use has come to be a public necessity. 3. Socialists. — The aim of socialism is to improve the lot of humanity, which it proposes to accomplish by the re- TRAINING FOR CITIZENSHIP organization of society. The socialist would have the gov- ernment own and operate all the factories, the farms, the railroads, and the ships, fix the price of labor, and distribute to every man according to his work. He would leave to the individual only that form of property which does not produce anything. " His war-cry is ' Free land, free tools, free money.' " He is opposed to the present system by which one man lives from the profits of another man's labor; and says that when this is rendered impossible, every man will have enough, and that the evils arising from intemperance, poverty, and crime will disappear. 4. Communists. — Communism is a special kind of social- ism. Every communist is a socialist ; but every socialist is not a communist, for the latter would do away even with private property. Share and share alike, every man according to his need, and not in proportion to his work, is the principle of the communist. The idea is a very old one. Plato in his '' Republic " advocated it, as did also Sir Thomas More in his " Utopia," and the early Christians practised it (Acts, ch. iv. 35). Perhaps the most noted organization of the kind in this country is that of the Shakers in New York. The teachings of the communists are, as a rule, opposed to the home, and are destructive of it. 5. Anarchists. — A communist of an extreme type is an anarchist. But the one recognizes the necessity of govern- mental control ; while the other is opposed to any form of government, and would destroy it. When the unnatural pressure is removed, all men, says the anarchist, will in- stinctively form themselves into self-governing cooperative associations, based upon liberty, equality, fraternity. The communist would bring about his reforms by agitation, by 30 PRINCIPLES AND DEFINITIONS education, by the ballot. He is an evolutionist. The anarchist of the milder type would also adopt peaceful means ; but the extremist would attain his ends by fire, by the sword, by dynamite. Killing, burning, — all means are justifiable. He is a revolutionist. TOPICAL ANALYSIS 1 . Law of conduct. 2. Definition of Law. 3. Law of nature. 4. Law of property. 5. Physical and natural sciences. 6. Definitions of, (a) civil government ; (^) political economy. 7. Origin of government. 8. Different forms of government. 9. The three departments, — legislative, executive, and judicial 10. Ruler and subject. 11. A constitution. 12. Common law. 13. Statute law. 14. The penalty; purpose of punishment. 15. Administrative laws; jural laws. 16. Limitations. Theories of : — (i) Strict-constructionists. (2) Loose-constructionists. (3) Socialists. (4) Communists. (5) Anarchists. QUESTIONS AND EXERCISES 1. Does ignorance of a law justify one in disobeying it? 2. In what sense is it true that all men are created equal ? 3. What government is both an aristocracy and a limited monarchy ? TRAINING FOR CITIZENSHIP 4. Give two forms of government not mentioned in the text. 5. How does a rule differ from a law? 6. Justify a law offering a reward for the destruction of English sparrows. 7. To what class of theorists does the nihilist belong? 8. What probable effect does lighting the streets of a city have upon crime? 9. What is meant by " Judge Lynch "? 10. How does scientific knowledge differ from any other? 11. What is a " blue sky " law? 12. Give additional examples of natural law. 13. Is the form of government in any of our states changing to that of a pure democracy? 14. Give an instance in recent history of the disastrous conse- quences of the " Divine right of Kings." 15. Would you favor city ownership of street-car lines? 16. Point out any features of socialism that you would consider reasonable. 17. What is the vital defect of communism? I 32 Ill THE HOME AND ITS GOVERNMENT "The strength of a nation, especially of a republican nation, is in the well-ordered homes of the people." — Mrs. Sigourney. 29. Our Home. — The first form of government with which we come in contact is that of our home. Surrounded by father and mother, and very likely by brothers and sisters, we have never thought of our home except as the place which contains all that is most dear to us. No matter whether it consists of one room, or is a palace, it is the one place which we never leave willingly for any length of time, and to which, when we are absent, we always desire to return. 30. The Marriage Relation. — The marriage relation is formed when two persons of opposite sex agree to assume the duties of husband and wife. The law usually requires that a license shall be procured from the county clerk, and that both parties shall be obliged to answer satisfactorily certain questions asked by one who is duly authorized to perform the ceremony. This officer then issues to the newly married couple a certificate, signed by himself and by one or more witnesses. This agreement is sometimes called a contract (140), but differs from an ordinary con- tract in that neither party has the right to break it, even 33 TRAINING FOR CITIZENSHIP with the consent of the other. The church holds marriage to be a sacrament and it condemns divorce. The dissolu- tion of a marriage by a court is called a divorce. 31. The Family. — The family is a little society, consist- ing of those united by the ties of marriage and blood-rela- tionship, dwelling under one roof and holding property in common (37). It may be said to be composed of three concentric circles. Within the inner circle are included the father, the mother, and the children. Between the circumferences of the inner and the second circles are to be found the near relatives of the father and the mother. The remaining space is occupied by the guests and the servants. Formerly the position of the servants in the fam- ily was much more intimate than it now is, and the relation continued throughout life. 32. Object of the Family. — The importance of protect- ing the family and of preserving the purity of its life can- not be overestimated. ''No nation," says Holland, "can be destroyed while it possesses a good home life." A httle child is the most helpless of living beings, and if left to itself would soon perish ; but, under the fostering care of the parents, it develops into the strong, self-rehant man or woman. The proper nurture of the child in the family is secured both through the love of the parents and the law of the land. The mental, moral, and religious training of the child is also best secured through the family, which is **the school of all virtues." 33. Form of Government. — The germ of civil liberty lies in the family. As the family is a little society, and as no society can exist without laws to regulate the conduct of its members, it follows that family government is a neces- 34 THE HOME AND ITS GOVERNMENT sity. Since the children in early life must depend entirely upon the parents for support, it is but reasonable that the rules which are to regulate their conduct should be framed by the 'parents. As the father and the mother are both equally interested in the end toward which all family discipline is directed, ordinarily there will be no conflict in authority. Should differences arise, as there must be some ultimate appeal, the supreme authority rests, by common consent, by the nature of the case, and by the laws of the land, with the father. The form of the govern- ment is, therefore, that of a monarchy. 34. Parental Duty. — The duty of the parent is to sup- port the child during the helpless years of its minority. If it be sick, the parent must supply care and medical attendance. The child is not only to be fed, clothed, and governed, but also to be suitably educated. The nature of this support, and the extent of the education, will neces- sarily depend upon the circumstances of the parent. Children of the rich and poor cannot be provided for alike ; but the one will have better food and clothing, and better educational advantages than the other. Food, clothing, and education are rights which belong to the child ; and if the parents do not furnish them, they will be liable to punishment by the civil authorities. 35. Parental Authority. — Among the Romans, the father could enforce obedience, not only by the milder means of correction, but could even take the life of his child if he saw fit. Parental authority extended also to any property that might come into the possession of the child during the father's lifetime. With us, the parent may inflict mod- erate corporal punishment, but his authority ceases entirely 35 TRAINING FOR CITIZENSHIP over personal property when the child becomes of age. Whatever he may earn before his majority belongs to the father; but this is not the case with property acquired from any other source (131). The master may bar his doors against any one, and ordinarily even a sheriff is net permitted to search a house, unless he can produce a war- rant (189). 36. Obedience. — The law not only gives the parent the right to govern his household, but makes it his duty. Children must obey their parents, and no reason need be given for the command. No habit is more valuable than that of rendering perfect obedience to those in right- ful authority. In a modified degree this duty to obey extends to any who may seek the protection of the house- hold. 37. Resources of the Family. — The income of the family will be derived principally from the labor of the different members, and from whatever property may belong to it. We have seen that the property is held in common (31); but this only means that the income arising from it is expended for the common good. The legal control of it is wholly in the hands of the parents during the lifetime of the father, who at his death may dispose of all, except the portion the law reserves to the mother (130), as he sees fit. He may disinherit his children if such is his desire. If, however, no will be made, the law provides that each child shall have a share. 38. The Homestead. — When a family owns a home, the house and the land immediately surrounding it is called the homestead. This may consist of forty acres of land, or even of a larger amount ; or of a dwelling house and a 36 THE HOME AND ITS GOVERNMENT single lot ; or of a lot, if the purpose be to build a house upon it with the intention of making it a home ; or even of money in the bank, if it came from the sale of a home- stead and is being kept to purchase another. In general the husband is permitted to sell any personal property which he may have himself acquired either before or after marriage, or which the family may have acquired by the labor of any member, without the consent of the wife; but this is not the case with the homestead, and in some of the states the same rule applies to all real estate (133). 39. Exemptions. — Besides the homestead, which, if it be below a certain value, is always exempt from sale upon execution (186), there are also certain articles of personal property (187) which cannot be taken from the family by the officers and sold for the payment of debts, without the consent of the father or the mother, and sometimes of both. Among these articles ma^ be enumerated the house- hold furniture, the clothing one wears, and the tools which are necessary to enable the householder to carry on his business. The earnings of a married debtor for his per- sonal services are generally exempt, either absolutely up to a certain amount, or, as in Arizona, for the amount earned during a fixed period of time immediately preceding the commencement of suit, if they are necessary for the support of the family. It is by means of the homestead and exemption laws that society protects the helpless members of the family from the distress which a rapacious creditor might otherwise bring upon them. So far has this principle been carried that, in some states, a householder may be worth several thousand dollars in property not liable to seizure. 11 TRAINING FOR CITIZENSHIP TOPICAL ANALYSIS 1. Our home. 2. The marriage relation ; divorce. 3. The family. 4. Object of the family relation. 5. Form of government. 6. Parental duty. 7. Parental authority. 8. Obedience of children. 9. Resources of the family. 10. The homestead. 11. Exemptions. QUESTIONS AND EXERCISES 1. How old must a girl be before she is entitled to her own wages ? 2. If a child commits a wilful injury upon another, will the parent be responsible ? 3. Consult the statutes of your state, and make a list of articles which are exempt from seizure upon execution. 4. How may the name of a person living in this state be legally changed ? 5. Why does the law permit a man to give his property to strangers by will, if he sees fit ? 6. In what two ways may a person become a member of a family ? 7. What is alimony ? 8. In what two ways may uniform divorce laws be secured ? 9. Who wrote " Home, Sweet Home " ? 10. Why does the law protect the homestead ? 38 IV THE SCHOOL AND ITS GOVERNMENT " Religion, morality, and knowledge being necessary to good gov- ernment and the happiness of mankind, schools and the means of education shall forever be encouraged." — Ordinance of ij^y. 40. Education a Necessity. — The term *' education," as here used, means that knowledge and discipline derived from the study of the so-called common branches, and are usually obtained in the elementary schools. This much at least is necessary, not only for our protection in business life, but also to enable us to discharge the simplest duties of citizenship. So important is it considered in this country that every child should have an opportunity to acquire a common school education at least, that all concede it to be the duty of the state to furnish it. Even those who entertain the strictest views as to the functions of govern- ment (28) do not deny the right of the state to levy a tax for the support of the public schools. Many of the states have enacted laws to compel children between certain ages to attend school for a certain number of months during each year. 41. The Tuition School. — The school, it must be re- membered, is of very ancient origin. There were famous schools and learned teachers in Egypt, India, Greece, and Rome long before the birth of Christ, and we have records 39 TRAINING FOR CITIZENSHIP of English schools antedating the reign of Edward III. It was not, however, until comparatively recent times that the free school was established. Before that the teaching of the common branches was intrusted to instructors em- ployed and paid by the parents, and only in some of the great universities was the tuition free. Even now it is only among the more progressive nations that the elemen- tary school is supported wholly by the state. 42. The Public School. — The public school system of this country had its origin in New England. In 1647 the General Court of Massachusetts declared that, " In order that learning may not be buried in the graves of our fathers " a schoolmaster shall be employed in every town- ship of fifty householders " to teach all such children as shall resort to him to write and read." This law laid the foundation of the free common school system of the United States. It was, however, left for the town meeting to determine in what manner the teacher's wages should be paid. The church school was supported by taxation, and when the parents of a sufficient number of town children did not wish them to attend the church school, the town authorities could maintain one for them. Still it was not until 1827 that in Massachusetts the common schools were wholly supported by the state. In 1787 the Continental Congress passed an ordinance for the government of the territory northwest of the Ohio River containing this clause, " Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." In pursuance of this pol- icy Congress set apart the sixteenth section of the public 40 THE SCHOOL AND ITS GOVERNMENT domain (73) for the support of schools. Thus was the principle of state aid firmly established in those states formed out of the Northwest Territory, and the principle of full state support for the common schools has not only been adopted there, but in every state in the Union. 43. Private Schools. — Besides the public schools which every taxpayer, including in some states every elector, must help support, there are thousands of schools main- tained by church organizations and by private individuals. Church societies maintain denominational schools because they desire to have the children of the congregation given both religious and secular instruction. The constitutions of most of the states forbid the use of public money for the support of any sectarian school, and also provide that no church doctrine shall be taught in any of the public schools. Nearly all of the smaller colleges are under the control of some church society, and the service which they have rendered to education has been very great. Besides the denominational schools there are many oth- ers which are maintained by private enterprise. Under this head would come the kindergartens, so numerous in the cities, young ladies' seminaries, manual training schools, business colleges, and private normals. That there is a place for these in our educational system as at present administered is evident from the fact that so many of them exist and prosper. 44. Definition of a School. — A school may be defined as a number of pupils collected in one body, and under the charge of one person, for the purpose of receiving instruc- tion. It is the second form of government with which we become acquainted. The one who imparts this instruction 41 TRAINING FOR CITIZENSHIP and exercises this control is called the teacher. Such a school may exist independently, or it may be one of the units of a system. The term may also properly be applied to any number of these units organized under one head. ' 45. The School District. — The school district is the area set apart for the support and government of the school, whether it consists of a single unit or of a collection of such units united into one system. In cities, and in those states where the township or county system prevails, the term has a secondary meaning, and refers to the area within which the pupils must attend a particular school building. According to the first sense of the term, school districts vary in size from a few sections of land to a whole county. In the second sense there is less variation. In Michigan the country districts may not exceed nine sec- tions, and are generally much less. The school officers always endeavor to locate a schoolhouse within two miles of each child's home ; and in some of the older states, if the distance be greater, a method of conveying the pupils to and from school is provided. 46. The School Board. — The governing body of the school district, or corporation, is the school board, or school committee, as it is sometimes called. It usually consists of three or more members called trustees, super- visors, or directors, who are elected at an annual meeting, and hold their offices for one or more years. This board transacts all the business of the corporation, employs the teacher, formulates rules for the conduct of the school, and performs such other duties as are required or per- mitted by the law creating it. 47. The School Trustee. — There is a distinction to be 4^ THE SCHOOL AND ITS GOVERNMENT drawn between the power of the board as a whole and that of a single trustee, who is simply a member of the board. The board can act only by passing a resolution at a meet- ing where a majority are present; and a trustee can do nothing unless he is authorized by such a resolution, or by the school laws of the state. A trustee may very properly call the attention of the teacher to defects in the manage- ment of the school, and this it is his duty to do ; but he should not himself attempt to discipline or instruct. In most states women as well as men can hold the office of trustee. Sometimes the members of the board receive pay for their services, but the amount is never large. For neglect of duty a trustee can be removed by the proper authorities. 48. Authority of the Teacher. — Like that of the family, the form of the school government is monarchical ; but in the exercise of his authority the teacher is restrained by customs and regulations which he must be careful to obey. From the decision of the parent there is no appeal ; but from that of the teacher there is. In the Middle Ages the schools were conducted wholly by the teacher. The pupils were intrusted to them by the parents, who delegated their authority, and hence the teacher was said to stand in loco parentis. In the char- tered schools of England, even to this day, the pupil is in the hands of the master, or teacher, whose authority is as unlimited as is that of the parent ; but in this country it is not so extensive. Our courts will generally sustain a teacher even in inflicting corporal punishment ; but they will look carefully into the circumstances of each case, and insist that the punishment be reasonable. 43 TRAINING FOR CITIZENSHIP 49. School Regulations. — The acquiring of learning is not the only object of our public schools. To become good citizens, children must be taught self-restraint and obedience. They must submit to such reasonable require- ments as to be quiet in deportment, studious in their habits, and regular and prompt in their attendance. A failure to observe any one of these conditions would not be exercis- ing their own rights in such a way as not to interfere with the rights of others (13). 50. Examination of Teachers. — One of the most impor- tant duties which rests upon the school officers is the selection of teachers. A knowledge of the subject to be taught is a necessity, and to find out whether a candidate for a position in the public schools possesses it, every state provides by law for an examination. Sometimes the duty of holding this is intrusted to the district board, sometimes to township officers, but more frequently to county officers (277). A higher grade of certificate is also issued by a state board of education, of which the state superin- tendent of public instruction (329) is usually a member ex officio. In addition, the diplomas granted by state normal schools, and in some states certain ones granted by the state university, are legal certificates. Those issued by the township or county authorities are generally for one, two, or three years ; but all others are for life, and entitle the owner to teach anywhere in the state. In California the state board of education has made up a list of colleges and universities, called "accredited schools," whose diplomas entitle the holder to teach without passing an examination. 51. Resources. — Formerly the fees paid by the pupils 44 THE SCHOOL AND ITS GOVERNMENT were the chief reliance of the teacher, but this is now true only in the case of private schools. The public schools derive their support principally from four sources : taxa- tion, the primary school money, the poll tax, and the tuition of non-resident pupils. All the states do not levy a poll tax for this purpose. As a rule, by far the greater part is obtained from direct taxation ; and the school tax often forms the largest item in the annual contribution which every property owner is called upon to make for the support of the government. TOPICAL ANALYSIS 1. Quotation from the ordinance of 1787. 2. A common school education a necessity. 3. The tuition school. 4. Public schools in America. 5. Private schools. 6. Definition of a school. 7. The school district. 8. The school board. 9. The school trustee. 10. Authority of the teacher. 1 1 . School r egula tions . 12. Examination of teachers. 13. Resources. QUESTIONS AND EXERCISES 1. How can the home and the school be helpful in the development of good citizenship ? 2. What is the penalty in this state for employing an unlicensed teacher ? 3. Has this state a compulsory school law ? 45 TRAINING FOR CITIZENSHIP 4. Justify the right of the state to levy a tax for the support of high schools. 5. Draw a map of your school district. 6. Should a school officer serve without pay? 7. Write five rules which the pupils should obey; five that a teacher should observe. 8. What does it cost per capita to send a pupil to this school for one year? 9. What educational institutions does a national government sup- port? 10. What is the rate of taxation for school purposes in this district? 11. What is a parochial school? 12. Where are moonlight schools held? 13. Is domestic science taught in your school? • 14. Make a list of subjects not including the " three R's," taught in this school. 15. What is an " accredited " school? 16. What new subject would you like to have introduced into your course of study? 17. Name two subjects taught in the high school in which you would like to be especially proficient. 46 V FROM INFANCY TO MANHOOD " There are gains for all our losses, There are balms for all our pain ; But when youth, the dream, departs, It takes something from our hearts, And it never comes again." — R. H. Stoddard. 52. Infancy. — The Roman law divided the first twenty- five years of a person's life into infancy, childhood, and youth. Infancy comprised the first seven years, child- hood extended from the close of the seventh to the end of the fourteenth year, and youth from this period until the age of twenty-five. Our laws do not adhere quite so strictly to these divisions, but, in a general way, they are still observed. With us a person is an infant in the eyes of the law until he is twenty-one years old. In some states women are of age at eighteen. The word '' infant " signifies one who cannot talk. Of course this means one who cannot talk understandingly. At the common law (24) a child under seven years could not be convicted of crime, for the reason that one so young does not have sufficient understanding to be capable of committing a criminal act. 53. Childhood. — Between the ages of seven and four- 47 TRAINING FOR CITIZENSHIP teen the law presumes a child incapable of committing crime; but this presumption of innocence may be over- come by evidence. The question is, whether there was guilty knowledge of wrong-doing. The evidence of crim- inal capacity would have to be very strong during the early years of childhood ; but this strength would gradu- ally diminish. During these periods it is not proper that children should be subjected either to a severe mental or physical strain. It is the duty of teachers to prevent as far as possible the former by frequent change of studies, by giving frequent periods for relaxation, and by so arranging the work that the children may be able to prepare their lessons during school hours. The state endeavors to protect them from physical harm by for- bidding their employment in factories, and by appoint- ing inspectors whose duty it is to see that the laws are enforced. 54. Youth. — After we have passed the age of fourteen we can no longer excuse our own misconduct by pleading ignorance of the rights of others. As our knowledge increases so does our responsibility, and as to all criminal charges the youth is treated as an adult. When this period has arrived the common school course of study should have been completed. The circumstances of his parents may be such as to require his services for the remainder of his minority, and, if so, they are entitled to them. But if practicable, he should take a higher course of study, the nature of which will be determined partly by his tastes and partly by his situation in life. 55. Associates. — The child is an imitator. He observes the manners of his associates and copies after them. If 48 FROM INFANCY TO MANHOOD his playmates are gentle, well-behaved boys and girls, he will become a cultured, lovable child. If his father, his mother, and the neighbors are law-abiding citizens, he will become a good citizen unconsciously. If the surround- ings have a demoralizing tendency, it is the duty of a good citizen to attempt to improve them. The state seeks to do this by prohibiting the location of saloons within a certain number of blocks of a schoolhouse, and in some places none are allowed anywhere. The child, however, does not learn by imitation alone ; but must be instructed as to his duties to others, and as to what he has a right to expect from others, for rights and duties are always recip- rocal. 56. Civil Officers. — As we advance from infancy to manhood, we gradually become conscious that our parents and teachers are not the only ones to whom we owe obe- dience. We learn from observation that even men and women cannot at all times do as they like with their property, but that they must often yield to the wishes of others. The owner of a rented house, for example, must give his tenant an opportunity to procure another before the law will put him in possession of it. Those persons who are designated by law to enforce the regulations which society has established between individuals, and between the state and an individual (5), are called civil officers. 57. Other Officials. — Besides the civil officers, whom we are all compelled to obey, there are certain others who rule us because we choose to let them. Such are the pastor and trustees of a church, the officers of a lodge or of a literary society. In any of these cases we may withdraw from the organization, and thus terminate the relation of 49 TRAINING FOR CITIZENSHIP ruler and subject. But so long as we remain members, we must yield to reasonable requirements, or the civil authori- ties will interfere. 58. Legal Liability of a Minor. — The contracts of a minor cannot be enforced against him if he denies his lia- bility by reason of his non-age. To this rule there is one exception, as his contract for necessaries is good. This is but reasonable, for he might suffer severely if he could not pledge his credit for food, clothing, medical attendance, and even education. The term ''necessaries" must not be taken in its strict sense ; but must be considered with refer- ence to the minor's situation in life. For example, a com- mon school education is always considered as necessary ; but a collegiate course may or may not be. The law per- mits a minor to engage in business, but discourages it by rendering it difficult. His commercial contracts are always voidable, and the trader who sells him goods does so at his peril. The 'minor may not even bring a suit in his own name, but must do so by his next friend. 59. The Law a Shield. — If one who has attained his majority wishes to transact business with a minor, he may do so, but it is dangerous. He must perform his part of the contract, if the minor shall insist upon it, while the lat- ter is entirely free from legal responsibility. A minor may act as an agent or servant, and the courts will enforce any contract for employment, although the wages must be paid to the parent if he insists. The parent, however, may emancipate his child, and the latter can then collect his own wages. This is commonly called "giving a minor his time." But all these laws are intended for a shield, and not as a sword. Hence, as in the case of crime, so for any FROM INFANCY TO MANHOOD injury done maliciously to the property of another, the minor is alone res]3onsible. But if it can be shown that the parent was negligent in not exercising the proper control over his child, then he must pay the damages. 60. Self-control. — Among the duties which we owe to ourselves and to others is that of self-control. When we know it is wrong to commit a certain act, we should refrain from it, not because we are in fear of punishment, but because we wish to do right. Every one owes it to him- self to control his own temper. There is no nobler con- quest for any man to make than the conquest of himself. No one can, for any length of time, command the respect of others who lacks the mastery of himself. 61. Personal Habits. — Nothing, perhaps, is more potent for good or ill than the habits we form in our youth. Many a bright future has been clouded, many a life ren- dered unhappy, because of ways of thinking or of acting which were detrimental or distasteful to others. We should be very careful to avoid such habits, and if we have acquired any, we should, by the proper exercise of self-control, cor- rect them at once. At the head of good mental habits stands honesty. By this is meant, not simply the disposi- tion to pay our debts, although this is included ; but, in a wider sense, it is that quality which enables us to form a true estimate of our own worth. This is the strongest pos- sible safeguard against self-deception and the flattery of others. We should also cultivate neatness in our personal appearance, politeness in our demeanor, and correctness in our use of language. We should avoid the use of slang, and be considerate of the opinions and feelings of our asso- ciates. Purity of thought will lead to a pure life, and this 51 TRAINING FOR CITIZENSHIP in turn to self-respect, which alone can command the approval of our fellow-men. " Self-reverence, self-knowledge, self-control, These three alone lead life to sovereign power." TOPICAL ANALYSIS 1. Infancy. 2. Childhood. £ 3. Youth and its responsibilities. if 4. The influence of associates. 5. Civil officers. 6. Other officials. 7. Legal liabihty of a minor. 8. The law a shield, and not a sword. 9. Self-control. 10. Honesty the most important of mental habits. QUESTIONS AND EXERCISES 1. Why is a knowledge of the Roman law important? 2. What acts in a child of ten would show a capacity to steal? 3. Self-control brings self-respect. Why? 4. Why do we always respect one who never speaks ill of another? 5. How may one break up a bad habit? 6. Water will not rise higher than its source. Apply this to the character of governments. 7. With what relations does the civil code deal? 8. Is it safe to deed land to a minor ? 9. Make a list of habits which will interfere with one's success. 52 Part II The Township and its Government Chapter VI. The Congressional Township Chapter VII. The Civil Township Chapter VIII. The Civil Township — Executive Department Chapter IX. The Civil Township — Legislative Department Chapter X. The Choice of Township Officers Chapter XI. The Right of Private Property- Chapter XII. Real Property- Chapter XIII. Personal Property Chapter XIV. Business Enterprises Chapter XV. Protection of Person and Property Chapter XVI. The Township Court — Civil Side Chapter XVII. The Township Court — Criminal Side Chapter XVIII. A Civil Case in a Justice's Court i VI THE CONGRESSIONAL TOWNSHIP " The United States has always been able to offer to the settler an unlimited quantity of rich and uncultivated soil, on which he might locate, and take such a part as the law allowed, at a cost which made it a gift rather than a purchase. This has made us a nation of land- owners — a nation in which a marked distinction of classes is im- possible, one man being as good as another, and all possessing equal rights." — Adapted from Lalor^s Cyclopedia. 62. Historical. — At the beginning of the Revolutionary War, six of the thirteen colonies — Massachusetts, Connecti- cut, Virginia, North Carolina, South Carolina, and Georgia — claimed that their " from sea to sea charters " gave them the lands between the mountains and the Mississippi. New York also had bought the title to land in the Ohio valley. The remaining colonies had no claim to Westerr lands. Prior to 178 1 but six of the original states — New Hampshire, Rhode Island, New Jersey, Pennsylvania, Mary- land, and Delaware — had exactly defined boundaries. 63. Cessions to Congress. — Previous to 1784 Massa- chusetts, New York, and Virginia had ceded their lands to Congress, which thus came into possession of all the country from the Lakes to the Ohio, and from the Mis- sissippi to Pennsylvania, except the Western Reserve, the jurisdiction to which was soon after acquired. This TRAINING FOR CITIZENSHIP formed the Northwest Territory, from which slavery was excluded. Subsequently North Carolina and South Caro- lina ceded their lands upon condition that it should be slave soil. Finally, in 1802, Georgia ceded her Western lands, which were added to the Western Territory. 64. Disposal of the Public Lands. — By these cessions of the original states, and the subsequent additions by pur- chase and annexation, the United States has come into possession of a vast public domain, which has been of the greatest service in the development of the nation. It has ever been the policy of the national government so to dis- pose of the public lands as to encourage its ownership in small quantities by those who would actually cultivate it ; to bestow it upon the states with the understanding that the proceeds should be held as a trust fund, the interest to be used for educational purposes ; or to grant it in aid of the construction of railroads which, by providing an easy means of communication, would open the country for settle- ment. This policy, uniformly followed since the founda- tion of the government, has made us a nation of small land-owners ; has furnished profitable employment for the industrious, and an abundance of cheap food for ourselves and to spare; and has rendered easy the spread of the free school system, besides being instrumental in establish- ing more than forty agricultural colleges in the different states and territories of the Union. 65. Government Survey. — As soon as Congress had come into possession of the public lands, immediate steps were taken to open them for settlement. In the original thirteen states no regular system of survey had been fol- lowed ; but now the public domain was, by act of Congress, S6 THE CONGRESSIONAL TOWNSHIP divided into tracts six miles square, called townships, and each of these again into thirty-six smaller tracts, called sections, and each containing 640 acres as near as may be. The townships are named from their number in the range, as Town 14 North of Range 3 East. A "range" is a tier, or row, of townships lying between meridian lines. 66. The Congressional Township. — The congressional township is simply a tract of land six miles square, accord- ing to government survey. Its purpose is to form a con- venient method of describing land. Its boundaries and divisions, as fixed by the government, cannot be altered by any state legislature. It has no political powers what- ever. In all the states formed out of the public domain the civil townships, as a rule, correspond exactly in size and in boundaries with the congressional townships; but this is not always the case. 67. Prime Meridian and Base Line. — The surveyors first establish a prime meridian running due north and south, and a base line running due east and west. This is done astronomically. These two lines form the bases of all subsequent subdivisions into townships, sections, and half-sections. The half-mile, mile, and six-mile corners are permanently marked on these lines. 68. The Townships. — From the six-mile corners other meridians are established, and the half-mile, mile, and six- mile corners permanently marked. The six-mile corners on this meridian are connected with the six-mile corners on the prime meridian line, and the half-mile and mile corners permanently marked. Owing to the conver- gence of meridians, this last line is less than six miles in length. 57 TRAINING FOR CITIZENSHIP 69. Convergence of Meridians. — If the earth were per- fectly flat, all measurements east and west could be taken from the prime meridian, and the townships would all be of the same size. Owing, however, to the spherical form of the earth, the meridians constantly converge as we approach the north, and diverge as we go south until we reach the equator. If, now, no new north and south lines were established, the townships would constantly diminish in size, until they would disappear. To avoid this a guide meridian is established, and by its use the error is cor- rected. All surveys are made toward the north. 70. Correction Lines. — In consequence, also, of this convergence, if corrections were not made frequently, the size of the townships would decrease toward the north until between those widely separated the difference would be very great. To avoid this, every twenty-four miles north, and every thirty miles south of the base line, parallels are drawn, which are called correction lines. By means of the guide meridians and correction lines the congressional townships are kept uniform in size. 71. Sections. — If now we connect the opposite mile corners, each township will be divided into thirty-six parts, called sections. If we connect the opposite half-mile corners, we shall divide each section into quarters. The out-boundaries of the sections are required to be surveyed ; but the minor divisions are designated by imaginary lines. The sections are numbered from i to 36, beginning with the upper right-hand corner. Each section is supposed, by law, to contain 640 acres ; but, as a matter of fact, they are not all of the same size. All excesses or deficiencies, owing to convergence of meridians or error in chaining, 58 THE CONGRESSIONAL TOWNSHIP are thrown into the north and west tiers of sections and half-sections. 72. Descriptions. — The location of even a part of a section in the government survey is very simple. You have only to locate your purchase on a survey map, and, as some boundary marks are always placed at the intersec- tion of the divisional lines, your lot can readily be found. In the original thirteen states the descriptions are not so easily traced, for the boundaries are often obscure, the deed calling for ''an oak tree" or "a certain pile of stones," as a starting-point in the survey. As the public roads in the new states are, for the most part, laid out on sectional lines, it is not at all difficult to find your way through the country. 73. Acquiring Lands. — Title to lands owned by the United States is acquired by gift and by sale. Never in the history of the world has any government given away, or sold at a very low price, such vast quantities of land as has ours. For educational purposes the states have re- ceived millions of acres; and for internal improvements millions more. Railroad corporations have also received millions, and other millions have been given to our soldiers and sailors, on their honorable discharge, for their services to the government. I. The Homestead Law. — Under the homestead law of 1862 any citizen over twenty-one years of age, and who does not own 160 acres of land in any state or territory, may locate upon 160 acres of the unsold land of the United States. He must enter the land in the proper land office, hve upon and cultivate a portion of it continuously for five years. All he has to pay is the charge of the land office, 59 TRAINING FOR CITIZENSHIP which is very reasonable. The wisdom of this has never been seriously questioned, and it is said to stand " as the concentrated wisdom of legislation for the settlement of the public land." 2. Other Methods. — There are several other methods of acquiring title from the government, but their impor- tance is declining because its supply of really valuable agricultural land is so nearly exhausted. Occasionally an Indian reservation is thrown open to settlement and then there is a scramble. The would-be settlers are held in leash at the borders by government officials until, at a given signal they rush forward. Many square miles have been occupied and even cities have sprung up in a day. Sometimes the government seeks to avoid this by requiring applications to be filed in advance, and then deciding by lot. There are yet, however, millions of acres of land to be obtained at a comparatively low rate from private owners, affording abundant opportunity to make countless homes. TOPICAL ANALYSIS 1. Effect of cheap lands upon our national character. 2. Land claims of the thirteen colonies. 3. Cessions to Congress. 4. Land policy of the United States. 5. The government survey. 6. The congressional township. 7. Standard parallel meridians. 8. Townshiping and subdividing. 9. Convergence of meridians. 10. Correction lines. 11. Sections. 60 THE CONGRESSIONAL TOWNSHIP 12. Descriptions of lands. 13. Title to land owned by the United States how ac- quired: — (i) Under the homestead law. (2) Other methods. QUESTIONS AND EXERCISES 1. Make a diagram showing the N. W. 34 of the N. W. M of sec- tion I. 2. Divide the S. W. M of the S. W. M of section i into lo-acre strips and describe one of them. 3. Would you prefer to have the N. W. M of the N. W. 3^ of sec- tion 6, or the N. E. M of the N. E. M of section i? Why? 4. A road is laid out north and south through the country between the first and second tiers of sections. Is it a straight line? 5. Is there a government land office in this state? 6. Copy a description of land from a deed, and locate the property. 7. In what congressional township do you live? 8. Was it good poUcy for the government to give so much land to the railroads? 9. Of what benefit have the agricultural colleges been to the country? 10. In what state is the Western Reserve located? 11. In what state is the Roosevelt Dam? 12. Describe some irrigation project in another state. 13. What is meant by " conservation " as applied to the public lands? 14. Describe the early settlement of Oklahoma. 61 VII THE CIVIL TOWNSHIP " The townships in New England are the vital principle of their government, and have proved themselves the wisest invention ever devised by the wit of man for the perfect exercise of self-government and for its preservation." — Thomas Jefferson. 74. Historical. — The civil township had its origin among the ancient Germans. Originally the inhabitants of a par- ticular district, or Mark, were united by blood-relationship, held property in common (37), governed themselves by primary assembly of all the free inhabitants, and thus formed a semi-independent community. The Saxon con- querors of England carried their idea of self-government from their homes upon the banks of the Elbe and Weser, and the Mark of Germany became the township of the English political system. 75. The New England Town. — The settlers of New England transferred the EngHsh township to America, and each settlement was organized after that model. At its centre was a group of dwellings, often surrounded by a fence or wall ; but there was also included a rural area of several square miles. The town covered the whole of this area, which was never too large for all of the inhabitants to come together at the central place. Curiously enough, the Greek settlement was organized upon a similar plan. 62 THE CIVIL TOWNSHIP 76. A Political Division. — When we speak of any polit- ical division, as a school district, a township, or a state, we may have either of two things in mind. We may think of its location, its extent, and its boundaries, or of the body of people who occupy the territory. A complete definition must contain both of these ideas. A township is a political division of a state, organized for certain local and political purposes, the inhabitants being constituted a body corporate. A corporation, or body corporate, is a fictitious person, consisting of several individuals associated together by law for a particular pur- pose. When this purpose is that of local self-government, it is called a municipal corporation. 77. A Political Unit. — We must become thoroughly ac- quainted with the organization of the civil township, for in New England, and in many of the Middle and Western states, it is the unit of the political system. Even in those states where the county is the political unit, one of the divisions of the county has some of the features of the township government. A village is a division of a town- ship ; a city is a township having special privileges under a charter ; a county is a group of townships ; and a state is a group of counties. As in our study we shall ascend the scale, we should bear in mind that the aim is to leave the local government with the smaller divisions, and to intrust to the larger only those general powers the exercise of which requires a greater extent of territory and a more numerous population (302, 404). 78. The Birth of a Township. — A civil township is a corporation {^6), and, like a natural person, it must have a birth. It can only come into life through a general or a 63 TRAINING FOR CITIZENSHIP special act of the legislature, and the constitutions of some states do not permit its incorporation by the latter method. The act always contains the framework of the new organi- zation, at the same time giving directions how to proceed. When these conditions have been complied with, a new township is born. It is usually necessary that a court, or a board of supervisors, should give its assent to the forma- tion of a township. 79. Twofold Purpose. — The purpose of the Southern parish was religious ; that of a New England town, both civil and religious; that of the Western judicial township, wholly civil. As a civil organization, the town elected its officers, provided for the care of the poor, the restraint of the vicious, the carrying on of public improvements, and the protection of the health of the community. As a religious organization, it chose its own ministers and church officers, regulated the affairs of the church, and provided for the discipline of its members and the education of its children. 80. A Pure Democracy. — Isolated as were the early set- tlements of New England, and widely removed from the oversight of the mother country, the towns became " minia- ture commonwealths," and exercised their authority ''on thoroughly democratic principles." Once during the year, and sometimes oftener, the form of the township govern- ment was that of a pure democracy (20). This was at the annual or special meeting, when every voter could not only cast his own ballot as he saw fit, but could take part in discussing measures which were offered for adoption. 81. The Town Meeting. — The influence of the annual, or '' town meeting " as it was called, was very great. As a means for acquiring information it was to those early set- 64 THE CIVIL TOWNSHIP tiers what the newspaper is to us. Here it was that the voters engaged in spirited debate over the domestic affairs of the community; here they hstened to and were influ- enced by their ablest men upon matters of general interest to the whole colony ; and here were developed that spirit of independence and that familiarity with the methods of self-government upon which has been reared the enduring structure of our national Ufe. 82. The Judicial Township. — If you will strip the New England township of all its powers except the judicial, you will have left the judicial township of California, or the justice's precinct of Arizona. These are the extremes, the system in many of the states being a compromise between the two. In California the county has three divisions : the road district, the election precinct, and the judicial town- ship. The boundaries of each of these divisions are fixed by a board of supervisors, consisting of five members, elected from the whole county. The judicial township is the more stable of the three divisions, its officers being the justice of the peace and the constable, who are elected by the voters in the township. In Georgia there are over twelve hundred justices' districts, which, however, are called " militia districts," in each of which there must be at least one hundred voters capable of bearing arms. These remind us of the English division of the county into hundreds. In Delaware the term '^ hundred " is still preserved. 83. Township and County Units. — In comparing the township and county systems of local government, the former would appear to be superior as a school for politi- cal training ; the latter as a business organization because, 65 TRAINING FOR CITIZENSHIP for one reason, it employs fewer agents. The one is based upon the principles of home-rule ; the other is mo- narchical in its tendency. The first distributes the local offices among the greater number, and fixes the attention upon the township ; the second, by transferring the local business to the county, arouses a greater interest in county and state affairs. In those states where the township system prevails, the annual town meeting, generally held on the first Monday in April, calls out a much larger vote than do the county and state elections, which are held in the fall. Under the county system the interest is focussed on the fall election ; for the officers to be chosen belong both to the county and to the locality. Even the justice of the peace and the constable, although elected by the voters in a single judicial township, are in a certain sense county officers. As a school for patriotism, the county system is hardly inferior to that of the township ; for the history of the Spanish-American War shows that, in this respect, there is little difference between the citizens of the different states. We are all patriots. TOPICAL ANALYSIS 1. Jefferson's estimate. 2. The German and the English unit of government. 3. The New England township. 4. Definitions : political division ; township ; corporation. 5. Incorporation of a township. 6. A civil and a religious organization. 7. A pure democracy. 8. Influence exerted by the town meeting. 9. The judicial township. 10. Township and county units compared, 66 THE CIVIL TOWNSHIP QUESTIONS AND EXERCISES 1. What church organization settled New England? 2. How does the township in which you live compare in size with a congressional township? 3. What is meant by " democratic principles " ? 4. New England has been described as a system of " village republics." Why? 5. What qualities of good citizenship did the town meeting develop? 6. Give another reason why the county system is the better business organization. 7. What objection is there to incorporation by a special act? 8. Connect Samuel Adams with a town meeting held in Boston. 9. What is a trading corporation? 10. From one of your township oflEicers learn how to call and organize a special town meeting. Hold such a meeting, and discuss the fol- lowing question: — " Resolved that this township should have a public library." 11. For the discussion of public questions in cities what takes the place of the town meeting? 12. A citizen who wishes to exert a strong influence in the town meeting must learn to " think upon his feet." How can this power be attained? 13. Is a pure democracy desirable for larger political units than the township? 14. Apply the advantages of the town meeting to the establishment of town centers for social intercourse, debates and the like. 15. Would you favor a movement to strengthen the county system of local government, or would you endeavor to develop the township system? 67 84. Powers and Duties Classified. — In the two kinds oi government we have already considered, the parent or the teacher was at one and the same time lawgiver, judge, and executive. The union of these distinct powers and duties in the hands of one person is feasible where only a few individuals are concerned, and the objects to be attained are easy of accomplishment. But when the people become more numerous, and are distributed over a wide extent of territory, the task becomes more difficult. It will now be found convenient to classify the powers and duties of those in authority into the three departments, — executive, legis- lative, and judicial (21). 85. The Elective Franchise. — In a free country the right to choose public officers always rests with the people This is called the elective franchise, or right of suffrage, and those who are entitled to exercise it are called electors, or voters. The elective franchise is not an absolute right (4), but is conferred by the law of the state, and no state confers it upon all the inhabitants, or even upon all the citizens. The right of suffrage has been restricted by sex, education, property qualifications, and color. It may be lost by conviction of a felony, removal from the township 31 state, loss of reason, or change in the law. An elector 68 CIVIL TOWNSHIP— EXECUTIVE DEPARTMENT must have resided in the state and township or ward for a certain length of time before he can vote. He must also be a citizen of the United States, or have declared his intention to become one. 86. The Township Charter. — The township officers must look for their authority to the general or special act of incorporation (78), to the statutes which the legislature has passed for their guidance, and to the decisions of the courts which have interpreted these statutes. The act of incorporation, and the statutes as thus interpreted, form the charter, or constitution (23), of the township, and the power of every officer is strictly limited by it. 87. Distribution of Powers. — An examination of these charters, in different states where the township system prevails, will show that they agree in the following par- ticulars : — 1 . The executive duties are distributed among several different officers, who are elected at the annual meeting. 2. There always exists a legislative department under the title of board of trustees, of selectmen, of chosen free- holders or township board. 3. The judicial interests are confided to officers called justices of the peace, who have a limited jurisdiction in civil and criminal matters. The ministerial officers of the justice's courts are called constables, or marshals. 88. Township Officers. — The instruments by which the township accomplishes the purposes for which it was organized (79) are the township officers. They are chosen by the electors at the annual meeting, and hold their offices for terms of various lengths as provided by the laws of the particular state in which the township is situated. The 69 TRAINING FOR CITIZENSHIP powers and duties of public officers are carefully defined by law, and a penalty (26) can be inflicted upon any one who fails to discharge it. 89. Chief Executive. — Sometimes the general manage- ment of town affairs is put in the hands of three, five, seven, or nine citizens called selectmen ; but as a rule there is one officer who is charged with that responsibility. No matter what title this officer may bear, he is the chief executive of the township ; represents it in the county legislature ; appears in any suit that may be brought by or against his township ; and ordinarily acts as chairman of the annual meeting of the town board, and sometimes of the other boards. In some states he also assesses the taxes and looks after the poor. 90. Township Clerk. — There is also a township clerk who has charge of the records. He is clerk ex officio of the annual meeting, and of all the township boards of whatever nature. He receives and keeps on file chattel mortgages (145), keeps an account with the township and county treasurers, and makes out and transmits to the proper authorities all the election notices. The records and files of the clerk's office may be freely examined by any one who is able to give a good reason for so doing. 91. Treasurer. — The treasurer has charge of the funds, receives whatever is due from the county or from any other source, and pays out the money upon properly drawn warrants. He also renders an account at the close of the year to the township board. In some states he collects the taxes, always gives a bond to secure the town- ship against loss, and as a rule can hold his office for not more than two terms in succession. 70 CIVIL TOWNSHIP— EXECUTIVE DEPARTMENT 92. Highway Commissioner. — The highway commis- sioner has general charge of all the roads and bridges in the county. He divides the township into road districts, lays out new highways, and orders repairs upon the old roads when he deems it necessary. The overseers of highways work under his supervision, and it is his duty to bring suit against them for neglect when occasion demands. All bridges are constructed and repaired under his direction. 93. Other Officers. — In addition to the officers already mentioned, there are often pound masters, fence viewers, a health officer who must, if possible, be a competent phy- sician, and such others as may be required from time to time by the peculiar situation of the community. It will be seen that a large number of the citizens of a township are actively interested in the management of its affairs. In the course of several years it will often happen that nearly every citizen of the township who is sufficiently capable will have held some office. No better method has yet been devised for inducing men to think than to require them to bear responsibility. The holding of even an hum- ble office involves a responsibility which, though small to the more experienced, is large to the unskilled. Such men usually take pride in conducting their offices well, their ambition is aroused, and the knowledge they will have gained from serving one or more terms will make them competent critics of their successors. Thus the township system is a most excellent training school for the education of the citizens. 94. The County System. — Under the county system the executive duties above mentioned are performed by 71 TRAINING FOR CITIZENSHIP county officers (82). • In California each road district has one of its supervisors as highway commissioner, and his deputies correspond to the township overseer. The county assessor, aided by his deputies, assesses the taxes, and the county treasurer collects them. A county officer looks after the health of the whole county, and an inspector of charities takes care of the poor. TOPICAL ANALYSIS 1. Reasons for threefold division of the township government. 2. Right of suffrage ; limitations of that right. 3. The township charter. 4. Threefold distribution of powers. 5. Township officers. 6. Duties of the chief executive. 7. The town clerk ; the treasurer ; the highway commissioner. 8. Other officers ; benefits of office-holding. 9. Discharge of similar duties under the county system. QUESTIONS AND EXERCISES 1. Why ought the term of the treasurer to be limited to two terms in succession ? 2. Under what circumstances would the office of " fence viewer " be necessary? 3. Should the right of suffrage be restricted by sex? 4. What objection is there to incorporation by special act? 5. Which is the better plan, one supervisor or three selectmen for chief executive? 6. Draft a special notice for a town meeting to vote upon the question of purchasing a site for a town-hall. 7. Organize this special meeting and discuss the advisability of the movement. 8. By what officers must a warrant on the treasurer be signed? 9. How does the clerk act as a check upon the treasurer? 10. How can a township officer be removed in this state? 72 95- Vesting of Legislative Powers. — Except for the brief period when the annual meeting is in session, the legislative powers of the township are vested in its boards. Sometimes all this power is intrusted to one board, and sometimes to several, which hold the relation of principal and subordinate. Where there are no subordinates, the business is largely transacted through committees. The resolutions of the chief board, when authorized by the charter, regularly passed, and properly recorded, have within the township the full force and effect of laws. They are sometimes called "by-laws," the word ''by" meaning town. 96. Township Board. — As a legislative body the princi- pal board can authorize the levying of a sufficient tax to defray the running expenses of the township, in case the electors fail to do so at the annual meeting ; grant a fran- chise to a street railway company ; establish a quarantine ; divide the township into election districts ; make the nec- essary rules and regulations for the guidance of the com- missioner of highways ; authorize the letting of contracts and the purchase of property for township purposes, and perform such other legislative acts as are permitted by the charter. 73 TRAINING FOR CITIZENSHIP 97. Judicial Powers of the Board. — Besides its strictly legislative duties, the principal board has certain judicial powers. As a court of impeachment it can try and re- move township and school district officers who are guilty of neglect of duty or of malfeasance in office ; audit the accounts of those who receive or pay out any of the public money ; accept, reject, or require new bonds of the treasurer and other officers ; and confirm or reverse the decisions of the highway commissioner, and of the sub- ordinate boards upon appeal. 98. Board of Registration. — In order that no one may vote at the township meeting, or at any election, unless he be qualified, the laws provide for a registry of all the voters. It is the duty of this board of registration, just before an election, to give every elector an opportunity to have his name recorded in a book kept at the office of the township clerk. In case any one offers to register whose right to do so is doubtful, the board may require him to make oath as to his qualifications. 99. Board of Election Inspectors. — This board has gen- eral charge of the elections, receives the ballots, counts them, and declares what officers are legally elected. The township board, assisted by one or more clerks, usually acts as a board of election inspectors ; but if any of its members is a candidate for office, he is thereby disquali- fied, and some one else is selected in his place, at the opening of the polls. 100. Board of Health. — It is the duty of this board to devise measures for the protection of the health of the inhabitants of the township. It makes regulations to pre- vent the spread of contagion, respecting burial grounds, 74 CIVIL TOWNSHIP — LEGISLATIVE POWERS and for the abatement of nuisances. It appoints the health officer, who must usually be a reputable physician, if one can be obtained in the township ; audits his accounts both for professional services and for necessaries furnished the sick ; and gives public notice to travellers of infected places. loi. Board of Review. — One of the most important duties which any officer has to perform is to assess the taxes. It is the duty of the assessor (89) to estimate the value of each man's property, and he should be careful to treat all aHke. In order that no injustice may be done, a board of review is established, before which, on certain days, any taxpayer who feels himself aggrieved may appear ; and if too great a valuation has been placed upon his property by the assessor, it will be reduced by the board. 102. Board of School Inspectors. — The school district may be a subdivision of a township, in which case there is a board of school inspectors ; or it may include the whole township, and, if so, the school board usually acts in that capacity. The schools are for the most part in- dependent of the township government, but the latter exercises some control in matters which do not pertain directly to instruction. This board has power to se- lect school sites, to appoint district officers to fill the vacancies when the local board fails to do so, and must make such reports to the county superintendent, to the state superintendent, and to the township board as are required by law. This board also has power to divide the townships into districts of suitable size, and to alter their boundaries as occasion demands. If any one feels 75 TRAINING FOR CITIZENSHIP aggrieved at the decision of the board of school inspectors, he may appeal to the township board. 103. Under the County System. — In those states where the county system prevails, the legislative and judicial duties performed by the township boards are performed by the board of supervisors and by county officials. The former acts as a board of review, appoints the election in^ spectors for the various precincts, canvasses the returns made by the election inspectors, whose duty it is to receive and count the votes, and issues certificates of election to the successful candidates. The county clerk keeps a ''great register," in which must be recorded the names of all who are allowed to vote in the county ; the county school superintendent takes the place of the board of school inspectors, and the county health officer performs the duties of the board of health. TOPICAL ANALYSIS 1. Vesting of legislative powers. 2. Legislative powers of the township board. 3. Judicial powers of the township board. 4. The registration of voters. 5. Inspectors of election. 6. The board of health. 7. The equalizing of assessments. 8. The board of school inspectors. 9. Treatment of similar subjects under the county system. QUESTIONS AND EXERCISES 1. How may a school trustee be removed from office for neglect of duty? 2. Frame a resolution to prevent cattle from running at large, and enact it into a by-law. 76 CIVIL TOWNSHIP— LEGISLATIVE POWERS 3. Organize a town board, prefer charges, and try a school trustee. 4. Upon what principle does the township pay for the care of the poor? 5. At what proportion of its true value is the property of this town- ship assessed? 6. Would there be any injustice in assessing property at its full value? 7. Upon what principle may an owner be forced to sell the ground for a school site? 8. Why does the town board sometimes remit the taxes of a poor widow? 9. State a case in which a county superintendent of schools would act judicially. 10. If the board of health of a township should fail to perform its duty in the abatement of a nuisance, what could a private citizen do about it? 11. In some states the township highways are neglected. Suggest a practical means of improvement. 12. Should small country school districts be combined into one large one where practicable? X THE CHOICE OF TOWNSHIP OFFICERS ELECTION DAY "Who serves to-day upon the list Beside the served shall stand ; Alike the brown and wrinkled wrist, The gloved and dainty hand. The rich is level with the poor, The weak is strong to-day, The sleekest broadcloth counts no more Than homespun frock of gray." — Whittier. 104. Candidates. — As the business of the township is carried on by officers chosen by the electors, it is neces- sary that some way be provided for their selection. Un- doubtedly only the ones best qualified to discharge the duties of the offices to be filled should be chosen ; but it often happens that there are several who are well qualified, and a preference must be expressed. A few days before the election a number of the voters come together and make up a list containing a candidate for each office. Such a meeting is called a " caucus," and may be summoned by any one (257). Usually there are at least two caucuses, corresponding to the two great politi- cal parties ; but often politics has nothing to do with the township election. The lists made out at the caucuses 78 THE CHOICE OF TOWNSHIP OFFICERS are printed upon one sheet, and placed in the hands of the election inspectors. 105. Preparation for Voting. — Generally on the Satur- day before the day of election the board of registration (98) holds a meeting at the town hall, where every one who wishes to vote must cause his name to be entered upon the poll book. If the board should so require, the applicant must make oath as to his qualifications. On election day the registry is placed in the hands of the board of election inspectors, and no one is allowed to vote whose name is not found upon the roll, unless he will say under oath that he was prevented from having it entered by some unavoidable cause, A new registration of all the voters must be made at regular intervals. 106. The Polls. — The place where the election is held is called the " polls," from an old German word meaning a head. On the morning of the election the board of elec- tion inspectors take their seats at a table within a railing, the clerk produces the ballots and the registry, and at the appointed hour an officer declares " that the polls of this election are now open." The polls having once been opened, are kept open for the reception of ballots as long as the law requires, when they are declared to be duly closed. An adjournment for one hour at noon is some- times permitted. 107. Method of Voting. — Methods of voting vary in different states. The Australian ballot system now gener- ally used is somewhat as follows : When an elector wishes to vote he enters within the railing, and a poll list is examined to see if his name is upon it. If it be found, he is handed a ballot by one of the election inspectors. All of the 19 TRAINING FOR CITIZENSHIP ballots have previously been counted, and each one con- tains the initials of an inspector, who must account for all of the ballots when the polls are closed. If the elector does not read the English language, an inspector will assist him ; and if he cannot speak English, an interpreter will be provided. io8. Preparing the Ballot. — The elector now steps within a booth, where he finds a pencil, with which he puts a mark in a circular space at the head of the list he wishes to vote. If he desires to vote against a particular candi- date in the list, he simply crosses off his name ; but if he wishes at the same time to vote for the opposing candidate, he puts a cross in a space opposite that name. He now leaves the booth and hands his ballot to another inspector, who deposits it in the ballot-box. His name is now entered upon two rolls prepared for that purpose, and he passes without the railing. 109. Challenges. — In order to prevent fraudulent voting and thus preserve the purity of the election, challengers are appointed whose duty it is to object to the casting of a ballot by any person whose right to do so is open to a reasonable suspicion. When any one is thus challenged one of the inspectors reads to him the qualifications of an elector, and he is required to declare upon oath that he possesses all of them. He is then allowed to deposit his ballot ; but if he should swear falsely, he may be punished for perjury (167). no. The Canvass. — Immediately upon the closing of the polls the board of election inspectors becomes a board of canvassers, and at once proceeds to count the votes for each candidate. This is done pubhcly, and when the 80 THE CHOICE OF TOWNSHIP OFFICERS result of the balloting has been ascertained it is declared publicly by some member of the board, after which it is entered by the clerk in the records of the township. The ballots and the poll lists are then deposited in the ballot- box, which is locked and sealed, and so remains until the next election. 111. Majority and Plurality. — It not unfrequently hap- pens that a candidate is elected to an office, although he does not receive a majority of all the votes cast. This may always happen where there are more than two can- didates for the same office. A majority is where the candidate receives more votes than all his competitors ; a plurality is where he receives more votes than any one of his competitors, but less than a majority. 112. Qualifying as an Officer. — When a person has been duly elected to an office, and has been properly notified of that fact, he must file his acceptance with the clerk. When he does this he must also subscribe to an oath that he will support the Constitution of the United States, the constitution of his own state, and faithfully perform the duties of the particular office to which he has been elected. He must also, when the law requires it, file with the clerk a bond with good and sufficient sureties, who will agree to indemnify the township against any loss that may occur by reason of any neglect or wrong-doing on the part of the officer. 113. Assuming the Office. — After taking the oath of office and the fihng of his acceptance and bond, often a few days, and sometimes several months, intervene before the officer is entitled to take possession of the office. Until this event actually happens he is called an " officer 81 TRAINING FOR CITIZENSHIP elect." When, however, the time does arrive, the ofificer in possession must turn over all the records and whatever else belongs to the township to his successor, who is now responsible for its safe keeping. TOPICAL ANALYSIS 1. Selecting the candidates; the caucus. 2. Enrolling the voters. 3. The opening of the polls. 4. Obtaining a ballot. 5. Preparing a ballot. 6. Challenges. 7. The board of canvassers. 8. Majority and plurality. 9. Qualifying as an officer. 10. Assuming the office. QUESTIONS AND EXERCISES 1. Take your class to the polls for an observation lesson. 2. What is an instruction ballot? 3. If the voter spoils the ballot given him by the inspector, can he obtain another ? 4. What is a "distinguishing mark"? 5. What is the difference between "a. straight" ticket and "a mixed" ticket? 6. Can a person run for an office to which he has not been nominated ? 7. How may one lose his vote when there are two offices of the same kind on each ticket ? 8. What is the origin of the word " caucus " ? 9. Should politics have anything to do with local elections? 10. Under the county unit system is it always feasible for the board of election inspectors to declare the result in the judicial town- ship ? 82 XI PRIVATE PROPERTY 114. Nature of Private Property. — Private property includes not only what a man havS produced by his own labor, but also what he has obtained by fair means from any other source, as by purchase, by gift, or by inheritance. Some would include intellectual acquirements, others would not. One may acquire property by employing the labor of others, provided he has capital. This term will include horses, money, machinery, the books of the professional man, or anything else which may be used as an instrument of production. Capital is always the product of past labor saved. The right of private property is founded in nature. Originally the thing produced belonged to the producer ; and the idea of labor expended upon its production under- lies, directly or indirectly, the property rights to anything. A man naturally has the right to own, control, and dispose of the fruits of his own labor. By " fruits of labor " is meant the comforts and conveniences of civilized Hfe. 115. Definition of Labor. — Labor has been defined as the " voluntary effort put forth by man to secure the ob- jects of desire, which is another way of saying ''the com- forts and conveniences of civilized life." Labor of some kind, mental, physical, or either is a necessity, and every 83 TRAINING FOR CITIZENSHIP man has the right to be protected in performing it (12:2). The food which sustains us, the clothes we wear, the books we read, are each the products of labor. 116. Division of Labor. — We are not all born with the same tastes, nor with the same capacity for labor. One man cannot endure the close confinement of the store or of the office, but delights in the open air and in the phys- ical effort required upon the farm or in the workshop. This is fortunate ; for, as the world needs the product of all kinds of labor, we can each indulge our tastes to a cer- tain extent, and yet at the same time earn a living. 117. Exchange. — A person would enj oy few of the " com- forts and conveniences of civilized life " if he could not trade off the articles which he produces for something which another man has. This is called exchange. When the exchange is direct, as wheat for shoes, it is termed barter. When wheat is given for money, it is a sale. The laws of the country aim to make exchanges as simple as possible, consistently with safety. This is for the encouragement of trade. 118. Commerce. — When the exchange of goods for goods, or goods for money, takes place between individuals resid- ing in different states or countries, we have commerce. Goods sent out of a country are termed exports; those brought in from a foreign country are termed imports. A duty is a tax levied upon imports. A tariff is a list of dutiable goods, specifying the amount to be collected upon each. The revenue of the national government is largely derived from duties upon imports. 119. Money. — In a sparsely settled country, where the wants are few, much of the business of exchange is carried 84 PRIVATE PROPERTY on by barter; but where the population is more dense, this is impossible. Every purchase and sale implies the use of money, which is called the medium of exchange. Any- thing can be used as money. The North American Indians -employed wampum and beaver skins; the early colonists of Massachusetts Bay once made Indian corn a legal tender; and the settlers of Virginia expressed their measures of value in pounds of tobacco. Gold and silver are best adapted for money metals, and their use for this purpose is universal. They are desirable for personal ornaments; are the most imperishable of substances ; are portable, and contain great value in small bulk; are easily divisible with- out loss ; and their degree of purity may be ascertained and certified to by the public authorities. 120. The Coinage. — In order that even gold or silver may pass freely as money, the coins made from it must be a legal tender, i.e. every one must be compelled by law to accept the coins in payment of a debt. The right to coin money and to make it a legal tender belongs exclusively to the national government. The silver dollar and all the gold coins, if they are of full weight, are a legal tender to any amount: the fractional silver coins, up to ten dollars ; pen- nies and nickels, in sums not exceeding twenty-five cents. For the coinage of this money the United States govern- ment has established four mints, the oldest being at Phila- delphia. Any one may take gold to the mint and have it coined into money by paying for the alloy ; but this is not true of the other metals. All of the gold and silver coins consist of ninety per cent pure metal and ten per cent alloy. The gold dollar contains 25.8 grains of standard gold; and the silver dollar 412.5 standard silver. ThQ 85 TRAINING FOR CITIZENSHIP coinage began in 1795, and the silver dollar was made the unit; but in 1873 silver was demonetized and now the gold dollar is the sole standard. 121. Paper Money. — In all business transactions requir- ing the use of ready money, where the amount involved is less than five dollars, silver is preferred to gold; but in larger transactions the reverse is true. For the payment of sums of even a few hundred dollars gold coins are also too heavy for convenience, and to obviate this difficulty paper money has been invented. Five kinds of paper money are issued by authority of our government, — greenbacks, national bank notes, treasury notes, gold certificates, and silver certificates. The first and third of these are a legal tender ; but as all the others are amply secured by the national government, they readily pass for money. 122. Value of Paper Money. — As gold and silver coins can always be reduced to bullion and then used in the arts, it follows that this kind of money will always have a commercial value, depending upon the state of the market. Considered as mere paper, a printed bill has no value ; and yet in this country, at the present time, we readily exchange our labor and our products for our paper cur- rency. We have no hesitation in doing this, because of our faith in the promise of the government to redeem its notes with gold and silver. As this quality of exchange- ability rests entirely upon the promise of the national government, the value of paper money will always fluctu- ate with the credit of the government. The bills issued by the Continental Congress became utterly worthless, because no one had any confidence that they would be redeemed. The same statement is also true of the bills 86 PRIVATE PROPERTY issued by the Confederate states ; and during the Civil War the credit of the United States was so poor that its greenbacks were worth only fifty cents on the dollar. 123. Taxation. — The right of private property being an absolute one (8), it follows that not even the govern- ment may take my possessions and give thera to another, though it should offer to pay me. Still, as a state cannot exist without money to meet its obligations, and as the Hfe of the state is of far greater importance than the right of any individual, the government would be justified in taking any portion of my property to pay its own expenses. The exercise of this right is a necessity, and is called "taxa- tion." A direct tax is where the person against whom it is levied, or upon whose property it is assessed, actually pays it. An indirect tax is where the person against whose property it is assessed pays it, but recovers the amount by an added charge to the consumer. Land, poll, or income taxes are of the direct kind ; duties on imports are indirect- To be lawful a tax must be levied for some public purpose, as the payment of public officers ; but this purpose may also be the support of schools, of the poor, or the payment of pensions. These expenditures are either necessary, or such as rest upon considerations of pubHc policy alone, and both justify a tax. When, however, the object is not public interest, but private advantage, it ceases to be taxation, and becomes plunder. The courts would not permit a tax to be collected where the purpose was to establish a person in business. Closely connected in principle with taxation is the right of eminent domain. " Whenever it becomes necessary, for the public good, to open a street, construct a canal, charter 87 TRAINING FOR CITIZENSHIP a railroad, lay out a park, or to perform any other similar act in the interest of the public, and the owners of the property refuse to sell, or ask an exorbitant price for their land, the state has the right to condemn such property to that public use, and any court having due authority may compel its surrender. This is called the right of eminent domain." In this case, however, the owner must be paid what his property is reasonably worth, the amount being usually determined by a jury. TOPICAL ANALYSIS 1. Nature and origin of private property ; capital. 2. Definition of labor. 3. Division of labor. 4. Exchange. 5. Commerce. 6. Articles used for money. 7. Gold and silver. 8. Paper money. 9. Credit the basis of value in paper money. 10. Taxation ; eminent domain. QUESTIONS AND EXERCISES 1. What is an income tax? A tax for revenue only? 2. Why are gold and silver coins made nine-tenths fine? 3. In a fire $2000 in silver dollars is melted; what is the mass of silver worth to-day? 4. From a tax receipt find the valuation of this school district. 5. What is meant by the expression " 16 to i " ? 6. Who is a " tax-dodger"? 7. In what way does a taxpayer receive his compensation? ^ 8. Who is a " single taxer " ? h- 9. Of what two metals is the alloy in a gold coin composed? \i".'% 88 ;. X 124- Land. — All property is divided into two classes, — real and personal. Real property is such as is perma- nent, fixed, and immovable in its nature. Land is always regarded as real property, and ordinarily includes what- ever is erected or growing upon it, as well as whatever is contained within its surface, as minerals and the like. The term " land " also includes any body of water, hav- ing reference to the land under the water. 125. Buildings. — If the buildings erected upon the land be permanent in their nature, and especially if they be placed upon stone foundations, they become a part of the realty. This is always the case if the owner of the soil erects the building himself ; but if he permits another to do so, under an agreement that the building may be removed, it then becomes personal property. If a stranger erects a building upon another's land without his consent, it is a part of the realty. 126. Waters. — One who owns the land on both sides of a stream owns the whole bed ; if he owns the bank on one side of the stream, he owns to the middle of the stream. The owner of the bed of the stream, however, does not own the water that flows over it, but simply the right to use the water as it flows along. The consequence 89 TRAINING FOR CITIZENSHIP of this is that no proprietor of the bed has a right to use the stream to the prejudice of another whose land borders upon the stream. In those states where irrigation is prac- tised it is generally held that the use of the water for this purpose belongs to the first appr®priator. 127. Wild Animals. — By reason of the ownership of the soil, the proprietor has a qualified property in the wild animals found upon it, and in the fish in the stream. A stranger has no right to go upon another's land, without permission, to kill game or to take fish ; and if he does so, the game so killed, or the fish so caught, belong to the owner of the soil. If a hunter starts game on A's land, pursues it upon B's land, and there kills it, the game belongs to the hunter. Finding bees in a tree upon another's land gives the finder no right to the bees or to the tree. 128. Kind of Interest. — Real property is generally called real estate ; but the latter term refers rather to the kind of interest a person has. It may be full ownership, in which case the owner may dispose of it as he sees fit. It may be a conditional interest, to end with the happen- ing of a certain event. The tenant may have the right to occupy the premises for a definite period, as for five years ; or for an indefinite time and at the will of another. 129. Freeholds. — An estate of inheritance is one that goes to the owner's heirs at his death. A life estate is where a lease of land is made to a man to hold for the term of his own life, or for the Hfe of another, or for more lives than one. These estates are called freeholds, because they formerly required actual possession of the soil. To be considered a freehold, an interest in land must be 90 REAL PROPERTY indeterminate as to time, and immovable as to place. In some states only freeholders can sit upon juries, or vote upon certain questions. 130. Dower and Courtesy. — A dower interest is the right which the widow has to the use of one-third of all the real estate which her husband owned at any time during the marriage. In those states where women are allowed to vote at school elections, but where no one can vote to raise money, or hold an office in the district unless he or she be a freeholder, a dower interest would enable the widow both to vote and to hold the office. These rights do not attach during the life of the husband. In some states the husband, on the death of the wife, is entitled to the use of her estate during his own lifetime. Generally this is not the case unless a lawful child has been born to them which could have inherited the mother's property. Like a dower interest, an estate by the courtesy is a freehold. 131. Community Property. — In California and a few other states a distinction is made between property acquired before marriage by either husband or wife, and that acquired after marriage. The former is called separate property ; the latter, community property. All property acquired by the husband, or the wife, or the minor children during the marriage, except what is acquired by gift, devise, or descent, or earned by the wife or minor children while living separate and apart from the husband, is deemed the common property of the husband and the wife. While the husband and wife live together, the former, for a valuable consideration, may dispose of the community property as he sees fit, except in case of the homestead. Upon the 91 TRAINING FOR CITIZENSHIP death of the wife the whole belongs to the husband. If the husband should die first, the half goes to the wife and the remainder to his heirs, unless otherwise disposed of by will. The details will differ in the several states using this plan. 132. Title to Real Property. — Title means the same as ownership ( 1 39). It is not the same as possession, for a man may possess what he does not own, and own what he does not possess. One may become the lawful owner of real property either by purchase or by descent. Purchase means the acquiring of property in any other way than by descent. The title may be transferred in either of two ways. First, by act and operation of law, as in the case of the owner dying without a will, the property will go to his heirs. Second, it may be transferred by the owner's personal act, as by gift, by will, or by sale. 133. Deeds. — Every transfer of the title to real property must be by an instrument in writing, called a deed. A quit-claim deed is one that transfers whatever interest the owner may have. A warranty deed conveys an absolute title, and also contains a clause whereby the grantor agrees to pay the grantee for any loss which he may sustain, if the grantor's title should prove not to be good. Unless the wife signs the deed, she will retain her dower interest ; so, also, the husband must sign the deed in those states where he has the right of courtesy. The grantor says under oath that his signature was made by his free act. He does this usually before a notary public, an officer appointed by the governor for that purpose. 134. Mortgages. — It often so happens that an owner does not wish to dispose of his land entirely, but desires to REAL PROPERTV raise some money by pledging it as security. Frequently also a purchaser of land is unable to pay the whole amount of the purchase price. In each of these cases the usual plan is to secure the repayment of the money by giving a mortgage. Unless the consideration be the purchase price, the wife must sign the mortgage in order to convey her dower interest. A deed, though absolute in form, if given merely as security and with no intention of conveying the title, will be treated by the courts as a mortgage. A mortgage is in the form of a deed, with a condition added. The condition is that, if the money which the mortgage was given to secure shall be repaid with interest at a time specified therein, the title shall not pass. A separate paper in the form of a note or bond always.accom- panies the mortgage, and is the real evidence of the debt owed by the mortgagor. The mortgage itself is simply a security. 135- Foreclosure. — Formerly, at the time specified in the mortgage, if the money was not repaid as agreed upon, the mortgagee could take possession of the land ; but this custom has long since been changed, and the mortgagee must foreclose. Foreclosure is a method by which the land is appropriated to satisfy the debt. The method differs in the various states ; but the mortgagor is always given further time in which to redeem his pledge. This right to redeem is called the " equity of redemption." If the mort- gagee sees fit, he may disregard the security entirely and sue the mortgagor upon the note. Or, as is more commonly done, he may foreclose the mortgage, sell the property, and then obtain a deficiency judgment if he does not receive enough from the sale to satisfy the debt. If he receives 93 TRAINING FOR CITIZENSHIP more than enough to pay the debt, the excess goes to the mortgagor. 136. Registration. — It is greatly for the interest of any one having a legal claim against real estate that the writing which shows the character of the claim should be recorded. This record is a notice to all the world of the interest you have, and no unrecorded instrument from the same person can affect your title. One should never purchase any real property, or take a mortgage upon it, without having the title examined by some competent person. This examina- tion is made comparatively easy by means of abstracts of title, which are generally merely indexes showing the book and page upon which any written instrument may be found which in any way affects the title. In some states it is the custom to obtain a certificate guaranteeing the title (i54)- As in a deed (133), the value of this guaranty will depend upon the responsibiHty of the guarantor. TOPICAL ANALYSIS 1. The nature of real property. 2. Buildings as real property; as personal property. 3. Water rights. 4. Property in wild animals ; in fish. 5. Full ownership ; a conditional interest. 6. Nature of a freehold interest. 7. Dower and courtesy. 8. Community property. 9. Title to real property ; methods of transfer. 10. Deeds ; signature of the wife. 11. Mortgages ; the note which accompanies a mortgage. 12. Foreclosure; a deficiency judgment. 13. Registration ; abstracts of title. 94 REAL PROPERTY QUESTIONS AND EXERCISES 1. Why is a first mortgage better then a second? 2. In this state must the husband sign the deed to his wife's property? 3. For how long a period does the equity of redemption extend in this state? 4. When is a quit-claim deed as good as a warranty deed? 5. From your stationer procure a mortgage blank and draw a mort- gage on a farm for $500. 6. A intrusted Si 000 to B with which to buy a house and lot for him. B bought the property, but took the deed in his own name. Could he hold it as against A? 7. K you should lose the deed to your house and lot, where might you procure a copy? 8. If a man should find Siooo in gold buried upon his farm, would he be the owner of it? 9. What is the test whether the animal is wild or domesticated? What effect does branding have? 10. What other liens besides a mortgage may there be on real estate? 11. Give an instance where the title to land was acquired by adverse possession (213). 12. State a principle of water rights which, if accepted, would prevent much unnecessary litigation (126). 13. If you purchase a mortgage as an investment, what steps should be taken to insure good security? 14. In case a mortgage fails to pay at the specified time is fore- closure generally the best course to pursue? 95 XIII PERSONAL PROPERTY 137. Varieties of Personal Property. — The different forms which personal property may assume are well-nigh endless. The clothes we wear, the food we eat, the tools of the mechanic, the books of the lawyer, the goods in the store, the flocks in the field, the money in our pockets or in the bank, are each and all of this class. But besides these objects of the senses, the possession of which we actually have, there is a vast amount of personal property which one may have only the right to possess at some future time, as money due upon a note or bond. Now it often happens that we are unable to get possession of such property except by an action, or suit at law ; and hence everything of this character is called " a chose (a thing) in action." 138. Goods and Chattels. — Personal property includes everything of value, not a freehold (129), It is called "personal" because it is movable, and may attend the person of the owner. The term " chattels " is often ap- plied to this kind of property, probably because in early times wealth consisted almost entirely of cattle. The term " goods " is generally understood to apply to inanimate objects, as household furniture and the like; while chattels include living objects as well 96 PERSONAL PROPERTY 139. Title by Possession. — Ownership is the right by which a thing belongs to one person, or set of persons, to the exclusion of all others (132). Title to real property, or the right of ownership, is shown by written instrument ; title to personal property is shown by possession. It is not always certain that he who has the possession of a chattel is the real owner ; but, as a rule, such is the case. There is no registry to the title of personal property as there is to that of real estate. 140. Title by Contract. — Our title to every species of personal property which we have merely the right to enjoy at some future time is founded upon contract. A contract is an agreement, upon sufficient consideration, to do or not to do a particular thing. One who is able to transact busi- ness upon his own account (58) may make any kind of a contract he sees fit, unless it be forbidden by law, or im- possible to perform. The most important principle which underlies the doctrine of contracts is that we must do as we agree. If this were not the case, no one would consent to render any service for another, because the other could refuse to pay him. And no one would pay in advance, because the payee could then refuse to render the service. The liberty of contract has been declared by a learned judge to be ''of all the rights of persons the most essen- tial to human happiness." Every kind of business is a system of contracts, and commercial law is in great part only the law governing all contracts. Thus every sale of goods, and every note, draft, or indorsement, is a contract ; every act done by a clerk or other agent in his business is but the carrying out of the contract originally made with his employer. 97 TRAINING FOR CITIZENSHIP 141. Commercial Paper. — One of the most common forms for a contract to assume is that of a draft, a check, or a promissory note. This is called commercial paper, because in business transactions each circulates as money. In the business world few of the larger transactions are made by actual cash payment. If a merchant in Detroit wishes to pay an importer in New York for a bill of goods, he deposits his money in the Detroit bank, pur- chases a draft on New York, and sends it to his creditor. If the creditor lives in Detroit, the debtor gives him his check. 142. Promissory Notes. — It often happens that a man has no ready money to deposit in the bank, but he does have property, which gives him credit. In this case, instead of making use of a draft or check, he may give his note. A promissory note is a written agreement, signed by the maker, to pay a certain sum of money, at a certain time, to a person named therein, or to his order, or to the bearer. He now takes this note to some one who is willing to make him a loan, gives it to him, and receives the money. Sometimes the borrower will get a responsible person to write his name upon the back of the note, and he will then take it to the bank where it will be discounted. Such a note is called "an accommodation paper." The one who writes his name upon the back is called an in- dorser, and he will be responsible to the bank for the pay- ment of the note in case the maker fails to keep his promise. Some banks will not loan money upon a promis- sory note unless it is accompanied by other security, as a bond or a mortgage. The bond or mortgage in this case is called collateral security. 98 PERSONAL PROPERTY 143. Quality of Title. — The title to personal property, as well as to realty, may be absolute or qualified ; it may be good, bad, or doubtful. A thief may have possession of goods; and yet he has no title, for he does not have the right of possession. One may borrow a horse, and thus have the right of possession ; but yet he is no owner. When, however, the actual possession, the right of posses- sion, and the right of property unite in one and the same person, such person is the absolute owner of the thing, and can dispose of it as he likes. 144. Transfer of Title by Sale. — When one who has personal property, but no money, desires to turn the property into money, he may sell it, that is, he may trans- fer his absolute title in the thing for a price in money. Ordinarily the sale is accompanied by delivery, especially when the article is fully paid for ; but this is not always the case. Sometimes the vendor, or the one \vho sells, acknowledges in writing that he has transferred the title to the buyer, or vendee. This writing is called a bill of sale. 145. Chattel Mortgages. — But sometimes the owner of personal property desires to retain his ownership in the article, and yet to use it as security upon which to borrow money. This he may do by delivering the article to his creditors upon condition that it shall be returned when the money is repaid. The article is then said to be pawned. Or one ma.y desire to retain possession, and also to use the property as security. In this case the owner executes a mortgage, which acknowledges that the property shall belong to the mortgagee, if a certain sum mentioned therein be not paid at a certain date. The mortgagee then takes the mortgage to the township clerk, or to the 99 TRAINING FOR CITIZENSHIP county recorder, who places it on file, when it becomes a notice to every one of just what interest the person in possession has. TOPICAL ANALYSIS 1. Varieties of personal property ; a chose in action. 2. Goods and chattels. 3. Title by possession. 4. Title by contract ; the Hberty of contract. 5. Checks and drafts. 6. Promissory notes; accommodation notes; indorsers; col- lateral security. 7. Quality of title. 8. Transfer of title by sale. 9. Chattel Mortgages. QUESTIONS AND EXERCISES 1. Is a chattel mortgage of any value if not recorded ? 2. Write a promissory note payable to order. 3. Write a bill of sale for a horse with a warranty of soundness. 4. How does a check differ from a note ? 5. What is the usual sign of a pawnbroker's shop ? 6. If a promissory note be lost, must the owner lose the debt ? 7. The law requires that a contract, where the amount involved is over $ 100, must be in writing. Why ? 8. What is the meaning of " sufficient consideration " in the defini- tion of a contract ? g. Why do bankers dislike to take an accommodation note ? 10. Why must an indorser upon a note be notified of its non-payment at maturity? 100 XIV BUSINESS ENTERPRISES 146. A Business Enterprise. — The expression, " a busi- ness enterprise," generally conveys to our minds an under- taking by one or more persons to buy, sell, manufacture, or produce something of real utility. It involves the em- ployment of capital and labor, both skilled and unskilled, and conveys the idea of special knowledge and responsi- bility on the part of the proprietors and managers beyond the ordinary. But there is a secondary and broader meaning to the expression (i). In every country possessing a high degree of civilization there are to be found certain associations of individuals which, according to the definition given, could not be classified as business enterprises. They neither buy, sell, manufacture, nor produce anything, and they give employment only to a very limited amount of labor. Their real purpose is to distribute reliable information to those who are willing to pay for it, and are thus exceed- ingly useful in bringing capital and labor, employer and employee together. As society is at present organized, such associations are indispensable. ' 147. A Partnership. — If you will take the trouble to read the signs over the stores and upon the manufactories lOI TRAINING FOR CITIZENSHIP in any city, you will find that very few of them bear the name of a single individual. Even when they do, an investigation will probably show that, in the majority of cases, a single person is not the sole owner. One reason for this is that both capital and skill are necessary to conduct successfully any business, and it rarely happens that any one man possesses both in sufficient degree to enable him to carry on any very large enterprise upon his own responsibility. The simplest form in which two or more persons may unite in any lawful business their labor, skill, or property, or any combination of them, for profit is called a partnership. The intention of making a profit is essential. The partnership may be formed by a simple oral agree- ment, or it may be in writing ; as to duration, it may be indefinite, or it may be restricted to a certain period of time ; as to responsibility, it may include all the property of each partner not exempt from execution (39), or it may be limited to a certain sum as to one or more of them. A partnership may be dissolved by any one of the partners, and if the other members of the firm object, a court will decree a dissolution and require an accounting. The death of any one of the partners dissolves the firm. If a partner sells his interest, the purchaser does not become a member of the firm, unless the remaining partners consent. 148. Corporations. — When the volume of business of the partnership has grown to very large proportions, and often when it has not, the form is frequently changed to that of a corporation. In organizing any kind of a corporation where the object is profit, a certain amount of money must- be subscribed, which is called capital, or capital stock. 102 BUSINESS ENTERPRISES This " stock " is divided into a number of shares, and the owner of each share is a stockholder. These shares may be bought or sold like bonds, mortgages, or commercial paper. The holder of a share is a member of the cor- poration, and has a right to vote at all the meetings of the stockholders. Thus the individual members may change, but the corporation always remains the same. The corporate form has some advantages, which should be remembered. 1. Poivers.— h. corporation, being a fictitious person {^6\ has no natural rights whatever. All of its powers are derived solely from its charter, which must conform strictly to the acts of the legislature under which it is incorporated. It can transact no business which the charter does not authorize, anything else being beyond its powers. It is for this reason that a railroad corporation cannot engage in banking, nor one organized to buy and sell goods, in the work of manufacturing them. As it has no natural powers, so a corporation can have no natural death, but may possi- bly live forever. The term of its existence in most cases, however, is limited by law. 2. Management. — In the management of the affairs of the partnership each partner has a voice ; but not so with every shareholder. He may indeed vote at the annual meetings at which the directors are elected, the influence of his vote being determined by the number of his shares ; but aside from this all the business is done by the board of directors, the officers, and the agents of the corporation. The board of directors holds regular meetings, usually once a month, where the more important measures are passed upon. The acts of the officers derive their validity 103 TRAINING FOR CITIZENSHIP from the charter and from the resolutions of the board (47, 95> 3. The Shareholders. — While the shareholder with only a few shares has little to say in the management of the business, nevertheless he has some advantages over a partner. Individual partners are personally responsible for all the debts of the firm ; the Hability of a stockholder is always Hmited, and generally to the amount of his in- vestment. If a suit be brought for the recovery of a part- nership debt, the name of each partner is included in the complaint (178), and they are described as doing business under the firm name. If a judgment be obtained, an exe- cution (186) may be levied not only against the assets of the firm, but also against the property of each partner ; and, by taking proper measures, the judgment maybe kept alive for years. If any shareholder thinks the business of the corporation is being conducted in an unlawful manner, he may have the acts complained of reviewed by a court. 149. Joint-stock Companies. — A joint-stock association is neither a partnership nor a corporation, but is an organi- zation which has some of the features of both. Its object is always profit, it has a common fund, and, in the absence of any law to the contrary, each member is personally liable for all the debts. Like a corporation, however, the shares are transferable, the business is carried on by ofificers and agents, and the death or withdrawal of a member does not dissolve the association. Joint-stock companies are of great assistance in promot- ing new business enterprises, for as the money actually paid in is but a small per cent of the face value of the shares, there is a prospect for a profit to be derived from a 104 BUSINESS ENTERPRISES rise. The method of starting a new enterprise by means of a joint-stock company is somewhat as follows, the one who engineers it being called a promoter. Two persons, we will say, own a group of copper locations, which they hope will develop into valuable mines. Having no money of their own, they organize a stock company with one hundred thousand shares of the par value of $i each, turn in their locations as payment for a majority of the stock, and secure the services of a promoter, who sells the stock at say twenty-five cents per share. With the money thus obtained, the company now develops the mines, and if more is needed, an assessment is made. As the work pro- gresses, the value of the stock rises or falls as the prospects for making a profit from the • mines increase or diminish. Sometimes the shares come to be worth several times their par value, but often they turn out to be worthless. 150. Stock Exchanges. — A stock exchange is a regu- larly organized association for the purchase and sale of stocks, bonds, and government securities. One or more of them is to be found in nearly every large city, and their aggregate sales are great almost beyond the imagination, those of the New York Exchange alone for one year exceeding $1,000,000,000. The New York Exchange is located upon Wall Street, the membership is limited to eleven hundred, as much as $80,000 has been paid for a single seat, and none but members are permitted to do business upon the floor. There are two classes of members, the first of which operate exclusively on their own account, and are called "bulls" and ''bears"; the second buy and sell for others upon commission, and are termed stockbrokers. A curbstone broker is a dealer in 105 TRAINING FOR CITIZENSHIP stocks, bonds, and other securities upon commission, but wlio is not entitled to trade upon the floor of the exchange. Railroads and other enterprises requiring the expenditure of vast sums of money sell their securities through these exchanges. At the same time a certain degree of protec- tion is afforded the investor, as no stocks are listed upon the exchange until they have been pronounced worthy by a competent committee. 151. Banks. — A bank may be defined as an institution for receiving, loaning, and taking care of money. Some- times they also issue money, but in this country that power is confined to the national banks. A savings bank is one which receives money in small amounts and pays interest upon it. Interest is a payment made for the use of money. Most banks pay interest upon deposits left for a certain length of time ; but savings banks do not always make this restriction. The money you leave with the bank is called a deposit. The banker will give you a certificate, or will make an entry upon your bank book, either of which is a simple acknowledgment that the bank is indebted to you. It is only a contract ; and if the bank should refuse to fulfil its agreement, you would have to collect the amount by a suit at law. The services which the banker renders to productive in- dustry are very great. He receives from those around him the sums of money, little and large, which would otherwise be idle, and loans them to those who wish to engage in business. The lender is assisted, for he receives interest upon his money ; the borrower is accommodated, for the bank furnishes a convenient place where he may obtain money to carry on his business. The bank derives its 106 BUSINESS ENTERPRISES profit from the interest upon the capital stock, upon depos- its which draw no interest, and upon other deposits which draw only a small rate per cent. It is always a suspicious circumstance when a bank is willing to pay a high rate of interest. If it were not for the banks, all the great manu- facturing and commercial interests would soon be in the hands of the great capitalists ; for only they could obtain the money to pay the employees and to meet the other expenses. 152. Insurance. — Insurance is a contract whereby, for a certain sum of money called a premium, one party agrees to assume another's risk. The written contract which the company issues is termed a policy. There are four kinds of insurance, — life, fire, accident, and marine. The com- panies differ both as to the nature of their organization, their methods of conducting business, and the character of the policies they issue. As to their organization, they may be divided into old line, mutual, and those combining both features. Old-line insurance is where the premium is at a fixed sum per annum. In mutual insurance the premium depends upon the losses which are incurred, and is paid in assessments. As to the kind of policy issued in Hfe insur- ance, we have the straight life and the endowment plan, which embraces a savings bank feature. The amount of each premium in life insurance is based upon the expect- ancy of life, which may be learned from tables prepared by an actuary. The total amount of the various kinds of insurance carried by the people of this country runs into the thou- sands of milHons of dollars. Almost every business man carries some insurance, and generally those who conduct 107 TRAINING FOR CITIZENSHIP great enterprises take out large policies. The benefits which they derive consist in the payment of actual losses, and in the sense of security. Knowing that the most destructive fire will not deprive him of all of his capital, and that, in case of his death, his family will receive the protection afforded by his life insurance, the business man will assume a responsibility not otherwise to be thought of, and the world will be the gainer for his enterprise. 153. Credit Agencies. — Commercial agencies are organ- izations formed for the purpose of finding out the financial standing of every one who seeks to obtain credit. It is not considered safe to do a large credit business even in a small community ; but where, as in the case of a whole- sale merchant, some of his customers may live a thousand miles away, the danger from Joss becomes very great. To furnish the information upon which a merchant safely re- lies, credit agencies have been formed, whose representa- tives reside in, or visit, every city and village in the land. By means of their reports the financial standing of every one may be known, and thus the scope of business enter- prise is greatly increased. 154. Indemnity Companies. — Somewhat similar to insur- ance companies are those organizations which offer indem- nity for other losses likely to occur in the transaction of business. Bond indemnity companies have for their object the furnishing of official bonds, and of insuring employers against loss from any dishonesty on the part of their em- ployees. This is a great relief to the one who must other- wise sign an official bond, as there is always some risk for which ordinarily he receives no pay ; it is a kindness to the one who must give the bond, as he can pay for what he 108 BUSINESS ENTERPRISES must otherwise ask as a favor ; and it assists the one who is seeking employment, as he can apply with confidence to a perfect stranger. Of course the indemnity company will look up the applicant's record with great care; and if his life has not been an honorable one, no bond will be given. Title and guarantee companies are organized to insure titles to lands, and the security which they afford to purchasers is obvious (136). 155. Building-loan Associations. — Another organization which benefits the investor and the borrower alike is the building-loan association. Its purpose is to furnish a safe investment, with a good rate of interest, for the wage-earner or for the person with a small income ; at the same time it affords the one who has a little money and a steady income an opportunity to become the owner of a home by paying for it in small monthly instalments. They are joint-stock associations, and are sometimes called co-operative banks. The borrower must first pay for his lot, and then the asso- ciation will advance a portion of the money necessary to build a house ; or it will make a loan upon a house and lot for from one-third to one-half its value. The total assets of the building-loan associations of the United States exceed twelve hundred million dollars. 156. Employment Agencies. — An organization often very useful to one seeking work is the employment agency, or intelligence bureau. This is especially true if one wishes to change his location, or is in a strange city. It is the business of these agencies to become informed as to any vacancies, actual or prospective, in their particular line, and to recommend suitable candidates. Sometimes there will be a central office in one of the larger cities, 109 TRAINING FOR CITIZENSHIP as Chicago or Boston, and branch offices in other cities, as Los Angeles or Denver. This is particularly true of teachers' agencies. It is a brokerage business, the appli- cant paying a small fee and a percentage of his salary. 157, Trusts. — A trust, popularly so called, is a com- bination of capitalists for the purpose of controlling the manufacture and output of some productive industry. It seeks to accomplish this by buying up all the factories which manufacture that particular product, and thus a monopoly is secured. If, now, any one should seek to start a new factory, the trust will lower the price below the cost of production, and attempt to drive him out of business. If there is a falling off in the demand for the particular article, instead of reducing the price, the trust will stop manufacturing until the. stock on hand is suffi- ciently depleted to warrant resuming. The advocates of the trust say that it is a benefit, because by reducing expenses it cheapens the cost of production, which is for the advantage of the consumer. The opponents of the trust maintain that it is an evil, because it discourages private enterprise, reduces the demand for labor, and creates a monopoly. A trust is not to be confounded with a trust company, which is organized for quite another pur- pose. TOPICAL ANALYSIS 1. A business enterprise ; a combination in aid of it. 2. A partnership ; how formed, dissolution, authority of partner. 3. Corporations, important features : — (i) Powers limited by charter. (2) Managed by directors and officers. (3) Shareholders vs. partners. 1 10 BUSINESS ENTERPRISES 4. Joint-stock company ; promoting an enterprise. 5. Stock exchanges; use to large enterprises and to investors.' 6. Banks ; the services they render. 7. Insurance ; collateral security. 8. Indemnity companies ; a title guarantee company. 9. Credit or commercial agencies. 10. Building and loan associations. 11. Employment agencies. 12. Trusts. QUESTIONS AND EXERCISES 1. Give an example of a partnership in which no capital is required- 2. A partner signs the firm name to a promissory note given for articles not used in the partnership. Is it good as against the other partners? 3. Point out the differences between a municipal (76) and a trading corporation. 4. In what lawful way may a man have his debts discharged with- out actually paying them? 5. From a daily newspaper find the value of N.Y. Central R.R. stock. 6. Explain the meaning of " bulls " and " bears " in the stock exchange. 7. Show how an endowment policy combines the life insurance and savings bank feature. 8. Why should you hesitate when asked to sign a bond or a note? 9. Debate the following question: — " Resolved that trusts are a disadvantage to productive industry." 10. What is a moratorium? 11. What is the " Sherman Law " ? 12. What is the Torrens System of land transfers? HI XV PROTECTION OF PERSON AND PROPERTY 158. Courts as Instruments of Protection. — The laws of any country are extremely watchful in protecting the per- son and the property rights of every individual under its jurisdiction, the judicial department in time of peace being especially charged with this duty. If a man unjustly with- holds any of your goods, a court will assist you in obtain- ing them ; if he should owe you a sum of money, the same court will aid you in collecting it ; if he should attempt to deprive you of any of your possessions by force, the laws of the land will sustain you in resisting to any extent necessary ; and if he should injure your person, or sully your reputation, the courts will give you damages for the injury inflicted. The protection of person and property is one of the essential functions. 159. Two Kinds of Injuries. — Whenever a person is disturbed by another in the peaceful enjoyment of his absolute rights (4), he receives an injury for which the one who causes it ought to atone. This injury may affect the individual chiefly, and society at large may have little interest in it. For example, it makes little difference to the public if A purchases a horse from B, and fails to pay for it ; but it is quite another thing if A steals B's horse. The one is a civil injury ; the other is a crime. 1 12 PROTECTION OF PERSON AND PROPERTY i6o. Two Kinds of Law. — It is a maxim of the law that every wrong has a remedy ; and as all wrongs may be divided into two classes, so may we divide the laws of any country into public and private. Public law regulates the administration of state affairs, and prescribes the duties of public officers. It algo governs the relations which exist between organized society and the individual, and punishes the violation of any of them as an offence against the state. Private law governs the relations which exist between the individual members of organized society. It is occupied with the rights of individuals, with the modes by which one person may acquire such rights or transfer them to others, and the ways in which personal redress may be obtained when these rights are impaired by fraud or violence. There is indeed a third kind of law, called international, which governs the relations of nations in their intercourse with each other ; but this division does not concern us at present (392). 161. Civil Injuries founded on Contract — Civil injuries are those which affect the individual chiefly, and may arise from a failure to perform the conditions of a contract. The remedy for this would be in damages, the amount to be found out by a suit at law. Examples of civil injuries arising upon contract are very numerous, and might hap- pen upon so simple a case as employing another to work for you. If the price be agreed upon beforehand, you cannot refuse to pay it. If there be no fixed amount, the court will oblige you to pay what the services are rea- sonably worth. The contract in this case is implied. 162. Civil Injuries founded on Wrongs. — A civil in- jury may arise from the wrongful act of another whereby 113 TRAINING FOR CITIZENSHIP damage ensues either to person or property. If a man borrows my horse, overdrives him, and thus causes the animal to be worthless, I may have an action against the borrower for the value of the horse. So also, if a person circulates false reports about another to the injury of his reputation, he will be liable in damages to the one injured. Suits for all kinds of injuries must be brought within a certain specified period of time, or not at all. The law prescribing this length of time is called a " statute of limi- tations" (213). In this case the law presumes the damage has been paid, whether this is actually so or not. 163. A Crime. — A crime is an act committed or omitted in violation of some public law commanding or forbidding it. It is a wrong action viewed as affecting the rights, not of individuals, but of society, as a violation of public peace and order. In one sense every violation of a moral law is a crime for which the violator ought to be punished, but the civil law does not so look upon it. A man ought to keep his promise ; but if he makes an oral contract to sell his land, or to pay the debt of another, or to purchase per- sonal property above the value of ^50, and should fail to keep his promise, this is no crime, and in most states it is not even a civil injury. The law usually prescribes that such contracts shall be in writing. 164. Misdemeanors. — The law does not look on all criminal acts with the same degree of disfavor, as is clearly shown by the character of the punishment. A misdemeanor is a petty crime the punishment for which is a small fine, or imprisonment in the county jail or in a house of correction. The stealing of property worth less than $25 is a misdemeanor, as is also disorderly conduct 114 PROTECTION OF PERSON AND PROPERTY 165. A Felony. — The term " felony " does not have the same meaning in all states. In Ohio it is used in about the same sense that the word crime is elsewhere. In Michigan it is construed to mean an offence punishable by death, or by imprisonment in the state prison. Even in Michigan, however, the term ^'felonious" is synonymous with '' criminal " and '' feloniously " with '* criminally." At common law (24) any crime was a felony, if the punish- ment was forfeiture of land or goods. 166. Treason. — The highest crime against society, or the state, is treason, because it aims at the overthrow of the government itself. In all countries the punishment for treason is death. In the United States the crime consists only in levying war against them, or in adhering to their enemies, giving them aid and comfort. (Const. Art. Ill, § 3.) 167. Perjury. — Next to the preservation of its own life the state is interested in having justice properly meted out to its people. This cannot be done unless witnesses in the courts can be compelled to tell the truth. When, in a judicial proceeding, having been duly summoned to testify, a person swears absolutely, wilfully, and falsely, in a matter of some consequence to the point in question, he commits the crime of perjury. This is a felony, the severity of the punishment varying according to the circumstances of the case. It may even extend to imprisonment for life. 168. Murder. — The greatest offence which one man can commit against another is to take his life. Murder con- sists in the unlawful killing of a human being, by a person of sound memory and discretion, with malice aforethought. Malice here means an intentional killing, without just cause or excuse. Accident would be a good "excuse," and self- "5 TRAINING FOR CITIZENSHIP defence a "just cause." The penalty for murder is death, or hfe imprisonment. If a man in a sudden outburst of anger kill another, it is manslaughter, a crime punishable only with imprisonment. 1 69. Arson. — Arson is the malicious burning of another' s dwelling-house ; and in some states it includes the burning of any building belonging to another. This is the highest offence against personal property, because it utterly de- stroys it. When the dwelling-house is burned, especially in the night time, the crime is greatly aggravated ; for not only is the shelter of the family destroyed, but their house- hold goods, and even their very lives are put in jeopardy. 170. Civil Injury and Crime. — The civil injury which one inflicts upon another by the commission of a crime is not settled when the criminal has served a term in the penitentiary. If A steals B's horse, the authorities will prosecute him for larceny. B may, however, at any time he sees fit, commence a civil action against A for the value of the horse, and the one action has nothing whatever to do with the other. 171. Compounding a Felony. — A private person is not permitted to settle with another for a felony. He may receive pay for the stolen goods, and thus excuse the civil injury done; but he must not enter into any agreement to refrain from making a criminal complaint. Such an agreement is called "compounding a felony," which is itself a crime punishable by fine or imprisonment. Misde- meanors for which the injured has a remedy by civil action may ordinarily be compounded, and the order of a court permitting it is a bar to further prosecution for the same offence. 116 PROTECTION OF PERSON AND PROPERTY TOPICAL ANALYSIS 1 . Courts as instruments of protection. 2. Two kinds of injuries. 3. Public law; private law; international law. 4. Civil injuries founded on contract. 5. Civil injuries founded on wrongs. 6. Definition of a crime. 7. A misdemeanor. 8. Distinction between crime and felony. 9. Treason the highest crime against the state. 10. Perjury the highest crime against justice. 11. Murder the highest crime against an individual. 12. Arson the highest crime against property. 13. Civil injury and crime. 14. Compounding a felony. QUESTIONS AND EXERCISES 1. To what extent may you resist a pickpocket ? 2. Why is compounding a felony an offence against society ? 3. After a lapse of six years the law will presume a debt to have been paid. Is this protecting the rights of a creditor ? 4. How does legal malice differ from any other ? 5. Name some other offence against personal security. 6. Can a man ever steal his own trunk ? 7. What is the difference between civil and criminal libel ? 8. How does a court determine the worth of one's services when no previous contract was made ? 9. From the encyclopedia find the meaning of the statute of frauds. 10. State a case in which one's rights may be impaired by fraud. 11. Can perjury be committed except in a "judicial proceeding " ? U7 172. A Court. — A court is a place where justice is judicially administered. The word ''judicially" here means pertaining to a judge, an officer appointed by law to inquire into the facts, to determine the law, and to apply the remedy. In a broad sense (i) the word "court" also includes those officers who assist the judge, either in finding out the facts, or in applying the remedy, as the constable, the sheriff, and the jury. It is that body in the government to which the public administration of justice is committed (21). 173. A Justice's Court. — The township court is called the justice's court, from the title of the officer who pre- sides over it. The office of justice of the peace is- of very ancient origin, it having been transplanted to this country from England, where it has existed for centuries. In some states there is only one such officer in the township or precinct ; but often there are more, generally not to exceed four, depending upon the laws of the particular state. These are sometimes called " the people's courts," because by means of them justice is brought to every man's door. Any one may appear for himself, or for another, in a justice's court; and generally one is allowed to conduct his own case in any court. A case, or suit at 118 THE TOWNSHIP COURT — CIVIL SIDE law, may be defined as a question contested before a court of justice. 174. A Justice's Jury. — - Whenever a civil suit is brought in the township court, either side is entitled to a jury trial; and in a criminal action a jury must be had, unless the prisoner especially waives the privilege. A jury generally consists of twelve men (285), but in Michi- gan and in some of the other states, a jury in a justice's court consists of six men, chosen from the electors and freeholders of the township. The jurors must be " good men and true," who will decide the case upon the merits. In a civil case, the one who demands a jury must advance the fee ; but in a criminal trial the expense is borne by the state. 175. The Jury in History. — The method of trial by jury has been used time out of mind in England, and also in this country since the early settlement. The jury is said to have been peculiarly the offspring of the English people ; but it seems to have been made use of by most, if not by all, of the northern nations of Europe, and the principle was recognized by the Greeks and Romans. It has been carried to the remotest parts of the earth by the English-speaking race, the right being carefully guarded in the constitutions of the several American states, and in that of the nation. (Const. U.S., Sixth Amendment.) 176. Qualifications of Jurors. — The law is very careful to permit no one to serve on a jury who will not be likely to render a fair and impartial verdict. This rule will exclude any one who is of kin to either party, or interested in the suit, or who does not possess a good character. The juror must be an elector, a person of good judgment, one 119 TRAINING FOR CITIZENSHIP able to speak the English language, and in most states a freeholder. No person need to serve if he be over sixty years of age ; and public officers, clergymen, teachers, and some others are generally exempt. 177. Civil Jurisdiction. — By jurisdiction is meant the right which the court has to try cases. The jurisdiction is carefully limited by law, and is either original, appellate, or concurrent. Original, is where the case may be com- menced in court ; appellate, is where a higher court has the right to retry, or to rehear a case that has already been tried in the lower court ; concurrent, is where the plaintiff may bring his suit in either of two or more courts. Civil cases must, as a rule, be commenced in a justice's court where the debt or damage does not exceed $100; and, with some few exceptions, any case where the debt or damage does not exceed ^300 may be commenced in the justice's court. Where the amount involved or the damage claimed exceeds $100, and is ^300 or less, the plaintiff may commence either in the justice's court, or in a higher court, at his option (283). 178. The Complaint. — Before a civil case can be com- menced in a township court, the one who desires to begin it must make such a statement to the justice as will authorize him to issue the proper order. In some of the states this complaint need not be in writing, nor made under oath ; but in others both the writing and the oath are required. The one who brings the suit is called the plaintiff, the one against whom it is brought is the defend- ant, and both are usually individuals or corporations {76). 179. The Summons. — When the justice is of the opinion that he will be warranted in doing so, he may issue a sum- 120 THE TOWNSHIP COURT — CIVIL SIDE mons. This is an order signed by the justice, directed to any constable in the county, commanding him in the name of the people of the state to summon A. B. to be present in the court, at a certain place, at a time mentioned in the order, to answer to the suit of one C. D. In some states nothing need be said concerning the nature of the complaint; but in others a written copy must be attached to a copy of the summons, both of which must be delivered to the defendant. The defendant need not pay any attention to a justice's summons; but if he does not, judgment will be rendered against him. There are circumstances in which a warrant may be issued in a civil case, and the defendant arrested as in a criminal case. Formerly a person could be put in prison for the non-payment of any debt which was found to be legally due. Now, however, this can be done only when the debtor has been found guilty of fraud in contracting the debt. In certain damage cases also the defendant is liable to imprisonment. In all civil cases when the penalty is imprisonment the plaintiff must not only pay the ex- penses of the suit, if the defendant is unable to do so, but he must also pay the board of the defendant during his confinement in the county jail. Sometimes certain classes of prisoners are not kept locked up, but are given the jail limit, i.e. they may go where they please, but not outside the county. i8o. Obtaining Possession of Property before Suit. — In some cases a person may wish to obtain possession of a specific article, as a horse, which he claims another is wrongfully detaining from him. Or it may be that the debtor is about to dispose of his property fraudulently, in 121 TRAINING FOR CITIZENSHIP which case a judgment would be worth nothing. Instead of issuing a summons, the justice would send an officer to seize the horse and deliver it to the plaintiff ; or to take the goods into his own possession, and to hold them until the plaintiff could have an opportunity to prove the legality of his claim. If the plaintiff could do this, he would be per- mitted to keep the horse ; or the goods would be sold to satisfy the debt, including costs. In both these cases the plaintiff would be required to give a bond to the justice to pay all damages that might arise to the defendant, if at the trial he should not maintain the rightfulness of his claim. i8i. The Subpoena. — It often happens that a witness must be brought into court to testify. If he will not come without it, a siibpoBiia is issued to compel his attendance. This is an order signed by the justice, commanding the person to whom it is directed to be present at his office, at a certain hour, on a certain day, to testify. A copy of the subpoena is given to the witness by the officer, who tenders him the legal fee, and he is then obliged to obey the com- mand, or be punished for contempt of court. Usually no man can be forced to be a witness against himself, nor will a wife be permitted to testify against her husband, nor a husband against his wife. 182. The Trial. — On the day designated for the trial, the plaintiff, the defendant, the lawyers, if any are em- ployed, and the witnesses appear before the justice. The nature of the suit is first made known, either by the filing of the plaintiff's declaration or by the reading of the com- plaint. The defendant now denies the rightfulness of the plaintiff's cause of action, in whole or in part, and the trial proceeds. A jury is summoned (201 ) if either party demands 122 THE TOWNSHIP COURT — CIVIL SIDE one, but otherwise the case is tried before the justice alone. Usually the plaintiff is the first witness called, and explains as clearly as he can his claim against the defend- ant. The witnesses for the plaintiff are now introduced, and each tells his story. The defendant then makes his statement ijnder oath, and is followed by each of his witnesses. The lawyers assist the court by questioning the witnesses in such a way as to enable them to tell a simple story that shall contain all they really know about the transaction, and nothing more. To further assist the court, after the examination of the witnesses has been closed, each of the attorneys makes an address in which he seeks to justify the cause of his client. 183. The Verdict. — In the higher courts the judge de- livers a charge to the jury, which is a statement of the law applicable to the case. The justice seldom delivers a charge, for in this court the jurors are judges both of the facts and of the law. The verdict is the opinion of the jury delivered to the judge. It is usually in general terms, ** for the plaintiff " or '' for the defendant," the jury finding at the same time, in cases which require it, the damages to which the victorious party is entitled. 184. The Judgment. — The judgment is the action of the court before which the trial is had, declaring the consequences of the facts as found by the jury, or by the judge when there was no jury. This is always in writing, and is entered by the justice upon his docket. If the trial was by jury, the entry should be made immediately ; but if there was no jury, the justice is given three or four days in which to render a judgment. It is very important that the judgment be given according to due form of law, or it 123 TRAINING FOR CITIZENSHIP will not support the execution, and the officer who attempts to levy upon the goods of the defendant will himself be liable. 185. The Appeal. — When for any reason the defeated party in a justice's court is dissatisfied with the result of the trial, he may appeal to the next higher court, where the case will be retried in substantially the same method as in the lower court. There is this difference, however, viz., that the judge is generally a skilful lawyer, who will see to it that each party to the suit is carefully protected in his rights. If the judge should make what either party might consider an error in the interpretation of the law applicable to the case, then, usually, another appeal may be had to the highest court in the state. If in the opinion of the Supreme Court no error has been made, it will affirm the decision of the lower court, and the case is then finally disposed of. If, however, the Supreme Court should think that the judge in the lower court had com- mitted an error, it will do either of three things : reverse the decision and dismiss the case, grant a new trial, or modify the decision and affirm the rest. 186. The Execution. — The last step in civil suits is the execution. This is an order issued by the justice, in the name of the people of the state, directed to any constable of the county, commanding him to seize upon the goods and chattels of the defendant, unless they are exempt from seizure (38), sell them, and bring the money to him within a certain number of days. With the money thus obtained, the justice pays the debt, satisfies the costs, and returns the remainder to the defendant. If there is an appeal, of course no execution is issued. 124 THE TOWNSHIP COURT — CIVIL SIDE TOPICAL ANALYSIS I. Definition of a court. 2. 3- 4. 5- 6. 7. A justice's court. The justice's jury. The jury in history. QuaHfications of jurors. Civil jurisdiction in justice's courts. The complaint in civil cases. 8. The summons ; the civil warrant. 9- 10. Obtaining property before suit. How to obtain a witness. II. The trial. 12. The verdict. 13- 14. The judgment. The appeal. The execution. QUESTIONS AND EXERCISES 1. What does the word " court " mean by derivation ? 2. What is the purpose of cross-examination ? 3. Are the words " attorney " and "lawyer " synonymous ? 4. If asked to levy an execution under a void judgment, how may an officer protect himself from damage ? 5. What is a justice's docket ? 6. How long is a jury allowed in which to decide a case ? 7. What is an " attachment " ? 8. How else than " judicially " can justice be administered ? 9. What is the meaning of " subpcena " by derivation ? 10. How much must the one demanding a jury deposit with the justice before he will call one ? II. When, in a civil case, may a wife testify against her husband ? I25_ XVII THE TOWNSHIP COURT — CRIMINAL SIDE 187. Criminal Jurisdiction. — By criminal jurisdiction is meant the power which a court has to hear, or to hear and determine, accusations of crime. The criminal law of this country consists almost wholly of statutory enactments, which are simple in their nature and easily understood. Jurisdiction in criminal cases in a justice's court is limited- to misdemeanors (164). In every state, however, when a man is arrested for a felony it is made the duty of the justice to inquire into the circumstances, to see if there be probable cause to believe the accused guilty, and, if so, to hold him for trial by a higher court. If the justice thinks there is sufficient ground, he will commit the prisoner to the county jail until his trial in the county court, unless he- will give a bond, signed by two responsible persons, for his appear- ance in the higher court upon the day of trial. 188. The Complaint. — -In a criminal case the complaint differs in some very important particulars from one in a civil case. The act charged is looked upon, not as one committed against the private individual, but as against the whole community. In this instance, therefore, the state is the plaintiff ; and the one who makes the complaint, often called the complaining witness, is not supposed to have any especial interest in the outcome. In some of the states, indeed, there is an officer whose duty it is to make all the 126 THE TOWNSHIP COURT — CRIMINAL SIDE complaints in criminal cases or actions. The complaint always charges that a crime has been committed, specify- ing the time, the place, and its nature. Provided they have been perfectly honest, neither the complaining wit- ness, nor the justice who issues the warrant, nor the con- stable who makes the arrest, can be held responsible in damages to the defendant, although he may have been perfectly innocent, and greatly injured. 189. A Warrant. — In criminal cases the action is begun by a warrant, which the justice issues immediately upon the filing of the complaint. This warrant is an order, signed by the justice, directed to any constable in the county, commanding him in the name of the people of the state to produce the body of A. B., mentioned therein, to answer to the complaint of one C. D. 190. The Arrest. — Armed with the warrant, the officer finds the accused, shows him the warrant, and takes him into his custody. Ordinarily the prisoner will be committed to jail ; for if he should escape through any carelessness on the part of the officer, the latter could be punished. It is very rare that any resistance is made to the commands of the officer, for this is itself a crime, which might meet with severe punishment. If, however, any resistance should be offered, the officer could employ all the force necessary to make the arrest, and any whom he might call upon would be obliged to assist. 191. Admitting to Bail. — As soon after the arrest as practicable, the prisoner must be taken before the justice to have the amount of his bail bond fixed. He is always entitled to bail, except in the case of capital crimes where the proof is evident or the presumption great. Bail is the 127 TRAINING FOR CITIZENSHIP delivery of a man out of custody, upon the undertaking, of one or more persons that he shall appear at a certain day to stand trial. This undertaking is in the form of a bond, which must not be excessive ; for the right to his liberty, upon giving a reasonable assurance that he will obey the orders of the court, is a constitutional one, and, except in rare instances, no man may be deprived of it. The amount of the bond is left to the discretion of the judges. 192. The Arraignment. — Upon the day fixed in the bail bond, or in case no bond has been given, as soon as may be after the arrest, the prisoner is brought before the court, the complaint is read to him, and the justice asks him if he is guilty or not guilty. If the accused answers "guilty," and the offence is simply a misdemeanor, the justice will sentence him at once; but if the offence be a greater one, the justice will commit him to the county jail, or admit him to bail. But the prisoner may answer ''not guilty," or he may stand mute, in which case a plea of not guilty will be entered in his behalf, and the time set for his trial. 193. The Trial. — After the arraignment, the method of conducting a civil and a criminal case is essentially the same. In the latter, however, the state is represented by its own attorney (295), and the defendant employs his own counsel. In the county court an attorney will be appointed by the judge to defend the prisoner, provided he is too poor to pay one himself. In some states an attorney thus ap- pointed by the judge receives nothing, but in other states he is paid from the county treasury. If the crime alleged to have been committed is one for which the justice cannot impose a sentence, a jury is not summoned; but otherwise 128 THE TOWNSHIP COURT — CRIMINAL SIDE it is. The verdict of a jury in a criminal case is always ** guilty" or "not guilty." If there is only a preliminary examination, the justice may hold the prisoner for trial in the county court, or discharge him. The evidence pro- duced against the prisoner at the preliminary trial is always carefully written down, and if the justice holds him, a copy of it will be sent to the county clerk. In those states em- ploying one, this evidence will be laid before the grand jury (284), which may or may not find '' a true bill " as it sees fit. 194. The Sentence. — After conviction by a jury, or where the prisoner has entered a plea of ** guilty," the justice orders him to rise, and asks him if he knows of any legal reason why sentence should not be pronounced upon him. The prisoner is now given an opportunity to answer, and then the justice tells him what his punishment will be. This action of the court is called a sentence. TOPICAL ANALYSIS 1. Criminal jurisdiction in the justice's court. 2. The criminal complaint. 3. A warrant. 4. The arrest. 5. Admitting to bail. 6. The arraignment. 7. The trial. 8. The sentence. QUESTIONS AND EXERCISES 1. Compare the judgment and the sentence. 2. When a lawyer is appointed by the court to defend a prisoner, must he do so ? 129 TRAINING FOR CITIZENSHIP 3. upon what theory can the justice enter a plea of " not guilty " for a prisoner who stands mute ? 4. Why should the criminal law be more simple than the civil ? 5. May an of&cer kill his prisoner to prevent escape ? 6. Should a lawyer receive pay from the county for defending a pris- oner who is without resources ? 7. What is an " information " ? 8. What is the advantage of both the preliminary examination and the investigation by the grand jury ? 9. If a prisoner forfeits his bail, and the amount is paid, can he after- ward be imprisoned on that charge ? 10. How can a prisoner's bondsman protect himself ? 11. Should the jurors in a criminal case in a justice's court receive pay? I 130 195- Commencement of Suit. — On January 25, 1902, William Evans went to a justice of the peace, in the town- ship of Williams, county of Bay, and state of Michigan, and requested that a summons be issued for Ezra Jones, which was done. The writ commanded any constable of the county to summon Mr. Jones to be present at the office of J. P. Brown, a justice of the peace of said town- ship, at ten o'clock a.m., on February 3, 1902, to answer to the suit of William Evans. The writ stated that the cause of the action arose upon promises, for the breach of which Mr. Evans claimed damages, ^300 or under. Mr. Brown made out an exact duplicate of the summons, and handed it to the constable, O. M. Stanton. The justice could have appointed a private person to act as constable. 196. Service and Return. — The constable took both papers, found Mr. Jones, showed the original to him, and handed him the dupUcate. He then returned to the jus- tice's office, and indorsed upon the original summons the following : " I hereby certify and return that, on the twen- ty-fifth day of January, 1902, I served the within sum- mons upon Ezra Jones, personally, the defendant herein named, by showing him the original, and by delivering to him a copy thereof, at the village of Auburn, in said ^ See Preface and Appendix A, 131 TRAINING FOR CITIZENSHIP county." To this statement he signed his name and placed his fee at fifty cents. 197. The Declaration. — Upon the day and at the hour stated, both Mr. Jones and Mr. Evans appeared at the office of Justice Brown, and, the case being called, Mr. Evans said his claim was for some logs sold and delivered to Mr. Jones, of the value of $75. This statement was made orally, but might have been made in writing. This action on the part of Mr. Evans is variously called filing a declaration, or a petition, or a complaint ; but no matter what term is used, it is simply a statement of the facts which form the plaintiff's cause of action. 198. The Adjournment. — As the defendant was not ready to go to trial, he asked for an adjournment. This was granted, and the date fixed for February 7, 1902, at ten o'clock a.m., the trial to be held in the same place. There is never any trouble in securing the first adjourn- ment ; but courts are not made to be trifled with ; and, un- less a very good reason is assigned, further adjournments are not likely to be granted. 199. Joining Issue. — At the hour appointed both par- ties appeared personally, the plaintiff being represented by E. A. Baker, his attorney, and the defendant by attor- ney S. A. Gray. Mr. Gray now filed the plea of " general issue," which was a brief way of stating that his client owed Mr. Evans nothing. The issue was now said to be joined, "the issue" being a statement affirmed on one side and denied on the other. The declaration and the plea together constitute the pleadings, or a statement in legal and logical form of the plaintiff's cause of action, and the defendant's grounds of defence. A CIVIL CASE IN A JUSTICE'S COURT 200. Striking a Jury. — Mr. Gray now demanded a jury, his client advancing the necessary fees. Justice Brown administered an oath to constable Stanton, who promised to select, according to his best judgment, such persons as were competent to serve upon the jury, and who would decide without favor to either party. The con- stable wrote down eighteen names, from which attorneys Baker and Gray alternately struck off six, leaving six. 201. The Venire. — The justice here issued a venire. This is a written command to the constable, directing him to summon the six persons left upon the list to appear at his office, at two o'clock p.m. of that day, to make a jury for the trial of an action wherein William Evans was plain- tiff and Ezra Jones defendant. The word " venire " is for facias venire^ and means "cause to appear." There being nothing further to do at the time, the court adjourned until two o'clock p.m. 202. Selecting the Jury. — At two o'clock the court v/as called to order, and constable Stanton produced his venire with the statement indorsed upon it that he, personally, had notified each of the persons named within to be present at the place and hour mentioned. Each one of those summoned answered '' present " as his name was called ; but Mr. Otis said it would be impossible for him to remain, owing to sickness in his family, and he was excused. 203. Talesmen. — This being a civil action, the five re- maining jurors could have tried the case ; but Mr. Gray was not satisfied to have less than six. Justice Brown thereupon directed the constable to supply the deficiency, and Moses Howe was called to act in the place of Mr 133 TRAINING FOR CITIZENSHIP Otis. Mr. Howe was a talesman, because the calling of him was necessary to make up a sufficient number to form a jury. The word ''tales'' is a Latin word, meaning "suf- ficient." 204. Examination of Jurors. — The six men now took their seats in a body, when Mr. Baker and Mr. Gray in turn questioned each as to his qualifications to serve upon a jury. The answers were apparently satisfactory; but I Mr. Baker did not see fit to accept Mr. Bryan, and ob- '| jected to his sitting. Justice Brown excused Mr. Bryan, and a talesman was selected, who was allowed to serve. You will notice that no reason was given for excusing Mr. Bryan, and the challenge was, therefore, "peremptory." If a reason had been assigned, it would have been a | "challenge for cause." Peremptory challenges are not always allowed in justice's courts, and their number is limited in any court. 205. Plaintiff's Statement. — After the jury had been sworn to render a fair and impartial verdict, Mr. Baker, on behalf of the plaintiff, made the following statement. He said that one Charles Jenks had sold some logs to Mr. Jones ; that Mr. Jenks was the agent for Mr. Evans ; that the logs belonged to Mr. Evans ; that their value was $75 ; that Mr. Evans, the plaintiff, had demanded payment of Mr. Jones, which had been refused ; and further said that he should ask the jury for a verdict of ^75, with costs of suit. 206. Defendant's Statement. — Mr. Gray, on behalf of the defendant, did not deny that Mr. Jenks had sold the logs in question to Mr. Jones for ^75 ; but said that, shortly after he had bought them, Mr. Frank Bently had 134 A CIVIL CASE IN A JUSTICE'S COURT given him an order for the money, signed by Mr. Jenks ; that he had accepted it ; that he considered himself indebted to Mr. Bently to the amount of the order. He said that his cHent never knew that Mr. Evans had ever claimed to own the logs until after he had accepted the order in favor of Mr. Bently. Mr. Evans, being duly sworn, testified sub- stantially as his attorney stated he would. 207. The Evidence. — The plaintiff now introduced Mr. Jenks as a witness, who, being duly sworn, said that he had cut the logs for Mr. Evans, to whom they belonged. He admitted that he bought camp supplies from Mr. Bently to the amount of ^75, and that he had given him the order on Jones ; but said that Mr. Bently knew that he was working for Mr. Evans, and that he bought the goods on his own credit. When he gave the order he thought Mr. Evans would be willing to have him do so, and apply the amount on his contract. Mr. Jones, being duly sworn, justified the statements of his counsel. 208. Further Evidence. — Mr. Bently, being sworn, said that, when he sold the goods to Mr. Jenks, he never had the slightest suspicion that Mr. Jenks did not own the logs ; that Mr. Jenks said he owned them ; that the name of Mr. Evans was never mentioned ; and that he had never heard of Mr. Evans in the transaction until this suit had been commenced. Mr. B. F. Clark, being sworn as wit- ness, said that he was present when Mr. Jenks bought the goods ; that he claimed to be working jn his own account ; and that the name of Mr. Evans was never mentioned. 209. The Arguments. — The testimony being closed, Mr. Baker made his argument in favor of the plaintiff. He contended that the testimony showed that he never had J35 TRAINING FOR CITIZENSHIP authorized Mr. Jenks to sell them ; and that in doing so Mr. Jenks had acted beyond the scope of his authority ; that Mr. Bently had sold the goods at his peril ; and that his client was not responsible for Mr, Jenks's acts. He therefore asked for a verdict. 210. Concluding Argument. — Mr. Gray now made his argument for the defence. He contended that Mr. Bently had sold the goods to Mr. Jenks in good faith, relying upon his claim of ownership ; that the goods were camp supplies ; that plaintiff must have known that his agent was using the credit that the logs would give with which to buy his supplies ; that he had carefully concealed his principalship so long as there were any supplies to be bought ; and that he had only disclosed it when there was something to be gained and nothing to be lost. Mr. Gray said that it was now too late for Mr. Evans to claim the logs, and asked the jury to give a verdict for defendant, with costs. 211. The Verdict. — The constable was now sworn by the justice to keep the jury in some private and conven- ient place, without meat or drink, unless otherwise ordered by him ; nor to allow any one to communicate with them ; nor to do so himself, unless otherwise ordered by the court ; and not, before they had rendered a verdict, to let any one know the state of their deliberations. The jury now went into an adjoining room, where they remained a short time, after which they returned to the courtroom, under the charge of the constable. The justice asked them if they had agreed upon a verdict. The foreman replied that they had, and that it was for the defendant. 312. The Judgment. — Justice Brown now entered in his 136 A CIVIL CASE IN A JUSTICE'S COURT docket that the jury had found for the defendant ; ren- dered judgment against the plaintiff and in favor of defend- ant, and taxed the costs against the plaintiff, at ;^ 11.50. The " docket" is a book in which is entered a brief record of the proceedings in a case. Upon this judgment an execution might have been issued, had not the plaintiff, within the time allowed by law, appealed the case to a higher court (349). 213. Statutes of Limitation. — It is a maxim of the law that there should be an end of litigation, and therefore a time is set within which the defeated party must bring his appeal. If it were not for some such provision a person would never know when he was through with a lawsuit, and he couid never rest content in the peaceful enjoy- ment of his property, or even of his liberty. The laws go further than this, and say that, if one man has a cause of action against another, he must commence his suit within a certain length of time, or not at all. In criminal matters, also, a man must be arrested within two years from the time the crime was committed, except in the case of capital crimes, or he will not be molested on that account. Laws of this nature are called " statutes of limitation," and are found in every civilized state. It is always a statute, because there were no provisions of this kind in the com- mon law (25). At the common law a debt was never settled until it was actually paid ; but now, by statute, if the creditor does not take timely action, the law will consider the debt discharged whether it is paid or not. The number of years during which the suit may be brought varies from two to six, according to the state. An appeal from a judg- ^37 TRAINING FOR CITIZENSHIP ment, decree, or sentence of a court must generally be made within sixty days ; but, upon due cause being shov/n, the time may be extended. A man may also gain a title to a piece of land by occupying it peaceably twenty years, and often for a less period. If you wish to know the length of the period in your own state, you must consult the Revised Statutes. TOPICAL ANALYSIS 1. Evans vs. Jones. 2. The summons issued. 3. Service and return of summons. 4. Mr. Evans files his declaration ; adjournment. 5. Issue joined ; the pleadings. 6. Summoning the jury j selecting the jurors ; talesmen. 7. Testing the jurors. 8. The trial : — (i) Plaintiff's statement. . (2) Defendant's statement. (3) Evidence for plaintiff. (4) Evidence for defendant. (5) Argument for plaintiff. (6) Argument for defendant. 9- Submitting the case to the jury. 10. The verdict. II. The judgment. 12. The appeal. QUESTIONS AND EXERCISES 1. Visit a justice's court, and observe carefully the trial of a case. 2. Organize a school court, and try this case. 3. Reproduce the arguments of each attorney both orally and in writing. ■38 A CIVIL CASE IN A JUSTICE'S COURT 4. How much does it cost to summon a justice's jury in this state? 5. "What is the life of a justice's summons? 6. Why are some persons excused from taking an oath? 7. A pupil was severely reprimanded by the teacher before the school for a trifling offence. The punishment seemed too harsh to the pupils; but the teacher explained that it was only one of a large number of similar offences. Draw up a complaint, and try this case. In your complaint, specify four different breaches of good discipline. For the necessary forms, see Appendix. 8. Suggest any change in trial by jury that would be likely to make justice more certain. 9. Would you prefer to have your case tried by a capable judge or by a jury? 10. What is a juvenile court? 11. How is the George Junior Republic conducted? (2. What is the " honor system " of certain colleges? 13. In America university students are citizens amenable to the laws of the community. In Germany they are tried by the University faculty. Which do you regard as the better system? 139 Part III The Village, City, and County Government CiL'^PTER XIX. CiL\prER XX. Chapter XXI. Chapter XXII. Chapter XXIII. CH.4PTER XXIV. Chapter XXV. Chapter XXVI. Formative Influences Villages and Cities Modern Tendencies — Cities The County — Its Legislative Department Political Machinery — Caucus and Primary Political Machinery — The Convention and the Election Administrative Officers The County Courts XIX FORMATIVE INFLUENCES 214. Mental Habit. — The natural desire of the normal human being is to be let alone. What we have been used to all our lives becomes a second nature or a mental habit with us. We are conservative by nature, clinging to the old, and entering upon the new and untried with reluc- tance. This will account, in part at least, for the perma- nence of our laws and civil institutions, which in many cases can be traced back for centuries. There are, how- ever, certain forces in society which constantly tend to change existing conditions (12). 215. Social Customs. — The laws of a country are in- fluenced by social conditions. The state of Maine has a prohibitory liquor law, in South Carolina liquors are sold by state officers, while in New York the saloons are licensed. Duelling is permitted in Italy; in the United States it is a felony. In the Argentine Republic a lottery is maintained by the government ; in most countries it is prohibited by statute. The popular amusements of one country are often crimes in another. 216. Industrial Conditions. — The laws of a country also reflect the industrial pursuits of the inhabitants. Mineral rights are of great importance in those states where mining is the. chief industry ; while log liens and H3 TRAINING FOR CITIZENSHIP timber limits characterize the laws of the lumbering states. There would be little need of a court of admiralty in Kansas ; you would not expect to find an irrigation law in the statutes of Connecticut ; while the laws for the protec- tion of fish would never form a prominent feature in the legislation of Arizona. 217. Great Inventions. — Equally potent also in forming the institutions of a country have been the great inven- tions, and especially those of the nineteenth century. The cotton gin doubled the value of slave labor of the South, while the steam engine made possible the huge manufac- turing plants of the North. Rapid transit by steam and electricity have made the villages and country for miles around only suburbs of the great city ; while the telegraph and the long distance telephone have bound in closest rela- tionship the remotest parts of the earth. The changes which these inventions have brought are reflected in the laws, the mental habits, and the social life of the people. 218. Religion. — The religious preferences of the people affect the laws. Under the strict rule of the Puritans no one was allowed to travel, cook, make beds, sweep houses, cut hair, or shave on the Sabbath day. In other countries an easier public conscience allows the people, after they have attended church, to spend the rest of the Sabbath day in playing games and in visiting. Thousands have lost their lives because they refused to accept another man's belief as their own ; to-day, however, in all civilized coun- tries the inhabitants are accorded the full right to worship as they see fit. 219. There are certain great charters which have had an immense influence in shaping our civil institutions. 144 FORMATIVE INFLUENCES The first, and perhaps the greatest of these, is the Great Charter, which, in 12 15, was wrung from King John by the barons of England, sword in hand. Its most impor- tant provision was that " no freeman shall be taken, or imprisoned, or disseized, or outlawed, or banished, or any ways destroyed, nor will the king pass upon him, or commit him to prison, unless by the judgment of his peers, or by the law of the land " (10). Although this provision of the Charter was often violated by the rulers of England, the right was never surrendered ; and upon this foundation personal liberty was afterward secured. 220. Habeas Corpus. — The Habeas Corpus Act was a second bulwark of our liberties, its object being to afford a speedy relief from unjust imprisonment. From the earliest records of the English law we learn that no freeman could lawfully be detained in prison, unless he had been convicted upon a criminal charge, or had been found to be owing a civil debt. The right to imprison any person at pleasure had been claimed by some English kings, and it was to pre- vent this tyranny that the act was passed in 1769. The writ of habeas corpus is an order from a judge to bring the body {corpus) of a prisoner, arrested for any cause whatever, into his court. The judge will then inquire into the arrest and may admit to bail, if the offence be bailable. He may also discharge the prisoner forthwith, and will do so if there be any unreasonable delay in bringing him to trial. 221. The Bill of Rights. — Like Magna Charta and Habeas Corpus, the Bill of Rights is looked upon as one of the great bulwarks of English liberty. It was passed in the year 1689, the first of the reign of William and Mary, and its chief provisions have been reenacted in the Constitution of the United States, of the separate states of 145 TRAINING FOR CITIZENSHIP the Union, and in those of some foreign countries. This bill made standing armies in times of peace, and levies of money without consent of Parliament unlawful; guaran- teed the right of petition, the frequent assembling of Parliament, freedom of speech and of press, and forbade interference with the laws on the part of the king. 222. The Declaration of Independence. — The great im- portance of this instrument is given in the words of Samuel Adams : '' It was the first solemn declaration by a nation of the only legitimate foundation of civil government. It was the corner stone of the new fabric, destined to cover the surface of the globe. It demoHshed at a stroke the lawfulness of all governments founded upon conquests. It swept away all the rubbish of accumulated centuries of servitude. It announced in practical form to the world the transcendent truth of the inalienable sovereignty of the people. It proved that the social compact (19) was no fig- ment of imagination, but a real, solid, and sacred bond of the social union." 223. The National Constitution. — After the close of the Revolutionary War it became evident that the Articles of Confederation did not confer sufficient power upon the central government, but left too much with the individual states. In 1785 Washington said that the '' illiberality, jealousy, and local poHcy of the states were hkely to sink the new nation, in the eyes of Europe, into contempt." Accordingly a new system of government was proposed, which should act, not on the states, but directly on individ- uals ; and which should have vested in it full power to carry its laws into effect. A constitutional convention was called, in which all of the states were represented. After 146 FORMATIVE INFLUENCES careful consideration the present constitution was adopted in 1787, and submitted to the people, as the source of all sovereignty, for ratification. 224. Ordinance of 1787. — Second in importance to the Constitution comes the Ordinance of 1787. It provided for the government of the territory northwest of the Ohio River, out of which was formed the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. It prohibited slavery within the territory, provided that the estates of those dying without a will should be divided equally among the children, and set aside a certain portion of the public domain for the support of the schools (42). 225. Emancipation Proclamation. — Considered in all its relations, the Emancipation Proclamation was one of the most important documents ever issued by the hand of man. It derives its great significance from the fact that it over- turned the labor system of the Southern states, and gave the blessing of liberty to a race that had been held in bond- age in this country for nearly two and one-half centuries. By its terms it freed only the slaves in those states then in rebellion against the United States ; but what it began was afterward completed by the Thirteenth Amendment to the Constitution. The Fifteenth Amendment raised the former slaves to political quality with their masters by providing that the right of a person to vote should not be denied, or abridged, on account of race, color, or previous condition of servitude. 226. Popular Expressions. — In 1688 seven of the Eng- lish bishops were in danger of their lives, having been arrested by a tyrannical order of King James. Among these was Trelawney, Bishop of Cornwall, who was 147 TRAINING FOR CITIZENSHIP respected and loved by his parishioners. All over the country the peasants chanted a ballad of which the burden was as follows : — '^ And shall Trelawney die? And shall Trelawney die? Then thirty thousand Cornish boys Will know the reason why." And the miners from their caverns echoed the song with a variation : — " Then twenty thousand underground Will know the reason why." The excitement aroused appalled the ministers, and the bishops were saved. Of a different nature, but equally powerful in its effects, was the expression of General Butler, calling the slaves " Contrabands of War." This expression was made the subject of a popular poem, was sung in the army and all over the Northern states, and a great authority has said that it was "worth an army corps." 227. Public Men, — It has been said that the history of any particular period is but " the lengthened shadow of some great man's hfe." This remark is probably more applicable to former centuries than to the present time ; but there is some truth in it yet. It is hard to imagine what this country would have been without Washington, Webster, Clay, or Lincoln, or a score of others whose names will readily suggest themselves. The commentaries of Blackstone in England and of Chancellor Kent in this country, the decisions of Marshall and Chase, and the forensic eloquence of Choate and Evarts have each con- tributed their fair share to our progress. Nor must we 148 FORMATIVE INFLUENCES overlook Horace Greeley, the great journalist, nor Phillips, nor Beecher, the princes of platform orators. 228. Writers and Inventors. — We must not forget the influence exerted by our poets, essayists, historians, and novelists. We could never have been what we are now had not Longfellow, or Whittier, or Lowell, lived and sung. Hawthorne, Irving, and Cooper have each enriched the world's literature, and have added to our enjoyment and improvement. The marvellous progress in the methods of conducting our civil affairs is owing in no small degree to those great inventions which have made the names of Morse, Whitney, Edison, and Stephenson household words. Thousands of others, now nameless, have also contributed to our health and happiness by those lesser inventions which are everywhere to be found in daily use. TOPICAL ANALYSIS 1. The permanence of our laws. 2. Amusements vs. Crime. 3. Influence of industrial conditions upon laws. 4. Great inventions as a civilizing influence. 5. Influence of religion upon legislation. 6. Magna Charta. 7. The Habeas Corpus. 8. The Bill of Rights. 9. The Declaration of Independence. 10. Our national Constitution. 11. The Ordinance of 1787. 12. The Emancipation Proclamation. 13. Popular expressions. 14. Pubhc men and their work. 15. Writers and inventors. M9 TRAINING FOR CITIZENSHIP QUESTIONS AND EXERCISES 1. Who said, " Don't give up the ship " ? 2. What popular amusement in Mexico is a crime in this country? 3. Make a list of five great American poets not mentioned in the text. 4. Which is considered the greatest of Webster's speeches? 5. Who wrote " The Battle Hymn of the Republic " ? 6. What influence for good did the Spanish-American War have upon this country? 7. What is meant by imperialism? 8. What great work did Lord Macauley write? 9. Select by a class vote the five greatest American statesmen in their order. 10. Make a list of inventions which daily contribute to our health. 11. Write an essay on Thomas A. Edison. 12. How does a Zeppelin airship differ from a Taube? 13. What is a " range finder " ? 14. Should we have a law forbidding labor on Sunday? 15. Should the playing of baseball be forbidden on Sunday? 16. Who is the greatest living statesman? Why? 17. It is said that the present times are not adapted to producing great poets. Why? 18 What did the Wright Brothers invent? 150 XX VILLAGES AND CITIES 229. Historical. — There is a general disposition in the human race to form centres of population. Various reasons contribute toward this end. In an unsettled condition of affairs people unite for mutual protection against a common enemy. This will account for the origin of most of the cities of Europe, and for many of the early colonial settlements. At the present time no such necessity exists ; but villages, nevertheless, are constantly springing up, and some of them are being developed into cities. The motive now is, not mutual protection against an external foe, but commercial, social, educational, and religious advantages. 230. Incorporation. — When for any reason a particular portion of the township becomes thickly settled, both pubHc policy and the advantage of the inhabitants require that this territory should be separated from that adjoining it, and given a more or less independent form of government. A thickly settled community will find it more desirable, or even necessary, to incur expenses which the adjoining lands should not be compelled to bear. Nor will the policy of the law permit, except by the direct act of the legis- lature, and in some states not even then, farming lands to be thus burdened with taxes, the benefits of which the owners cannot enjoy. (Cooley, Const. Lim., § 500.) 151 TRAINING FOR CITIZENSHIP 231. How Villages and Cities are Born. — Villages and cities are usually incorporated under general statutes, but sometimes by special act of the legislature. In most states this power has been intrusted by the legislature to sub- ordinate bodies, as to the board of supervisors in Michi- gan, and to the court of quarter session in Pennsylvania. Whatever method is pursued, the proposition to incorporate is generally submitted to the people. This is not essential, however, as the legislature may force the inhabitants to incorporate, if this be deemed advisable. 232. The Charter. — The charter is the grant made by the legislature to the people inhabiting certain territory, constituting them a corporation. A township, a village, and a city charter (86) differ from each other only in de- gree; and often some of the township officers, especially in the assessment and collection of taxes, exercise their powers within the village. 233. General Principles. — It will greatly assist you in understanding the government of the city and village if you will bear three things in mind. First, the general features of the township government are found also in the village and city, in very many cases the names and duties of the different officers being identical. Second, the grant of powers to the cities is much more extensive, and includes a greater variety of subjects. Third, some of the features of the state and national governments are found in the vil- lages and especially in the larger cities. 234. A Cooperative Association. — If you will bear in mind that any political organization is, to a certain extent, also a business association, in which all the citizens are partners, you will be greatly assisted in your study of city govern* 152 VILLAGES AND CITIES ments. When the mayor orders the poUce to close the ,aloons at ten o'clock, he is acting in a purely political capacity; when he signs an ordinance to provide for com- mercial lighting, he is merely an instrument for forcing the minority of the taxpayers to embark in a business enter- prise. When he vetoes an ordinance, he performs a legis- lative act. 235. Identical Features. — On its political side, the gen- eral features of the township, the city, the county, and even of the state and nation are identical. You will always find certain officers whose duties correspond. There will be a chief executive in cities, called the mayor, who will have the general supervision of affairs; a clerk, sometimes called a secretary or recorder, who will have charge of the records; and a treasurer, to collect and to pay out money and to account for the same. In the township a single officer will, unaided, discharge the duties of his office; in a city each officer may have several assistants. The resources are also derived from taxes, and everywhere, except in the nation, mainly from a direct tax. Large sums are also collected in many cities from licenses to carry on certain kinds of business. 236. National Features. — In the villages the repre- sentative form of government becomes more marked, the electors choosing five or six of their number to repre- sent them in the village council. When the village develops into a city, the territory is divided into wards in each of which an alderman is elected to represent the ward in the city council. Often also a supervisor is chosen to represent the ward in the county legislature. Each ward also has a constable. The president of the village or the ^S5 TRAINING FOR CITIZENSHIP mayor of the city, as a rule, has a veto power, which he uses to prevent or delay the passage of ordinances which he thinks will be detrimental. When the city becomes very large, as for example Boston, the council consists of two houses. 237. Ordinances. — The resolutions of the common coun- cil are called ordinances. They are not laws in the proper sense of the word, that term being strictly applicable only to enactments of the legislature. Like the resolutions of the township board (95), they are only of a local applica- tion and are intended for local benefit. They must be authorized by the charter, be reasonable, and cannot, unless the charter authorized it, interfere with the laws of the state. The business interests of the city are so much more extensive than those of the township or village that, naturally, the power is given to legislate upon a much wider range of subjects. 238. Subordinate Boards. — As in the township, so in the city, a large part of the business is intrusted to sub- ordinate boards, or commissions. The members of these commissions are usually nominated by the mayor and con- firmed by the council, but sometimes they are chosen by popular vote. There is a board of health with the same general powers as in a township. Besides this you will find commissions to which are intrusted the police depart- ment, the water works, the parks, the streets, the public library, the city hospitals, and other special interests which by reason of their importance demand separate boards. The board of education, independent or nearly so of the city government (102), has charge of the schools. Each one of these commissions intrusts the actual management 154 VILLAGES AND CITIES of the department to a chief, or superintendent, who has a more or less numerous body of assistants and employees. 239. Village Courts. — It is not often that the village has any separate court, but all offences arising under ordinances are tried before a justice of the peace of the township. Generally some particular justice is designated, as the one who lives in the village. A village marshal acts as peace officer, and sometimes he has the general powers given to a constable. 240. City Courts. — In a city there is usually a court established whose jurisdiction is confined entirely to of- fences arising under the ordinances. Besides the police courts there are often found other municipal courts which have both civil and criminal jurisdiction, their purpose being to relieve the county courts. The policemen are the peace officers of the city, but they are not permitted to serve papers in a civil suit, as can the constable or sheriff. 241. Choice of Officers. — As in the township so in the ward, the officers are elected by the direct vote of the peo- ple. In a city the representative system is followed. At the ward caucus (104) delegates are chosen to the city con- vention. Here the mayor, the recorder, the treasurer, a justice of the peace, the comptroller, the police judge, and any other elective officer is put in nomination. Generally these officers serve two or more years ; but their terms of office are so arranged that some expire each year. An annual election is thus necessary, which usually occurs in the spring, to correspond with the township election. Each ward has one or more polling places, called election precincts, the vote in each being forwarded to an election commission, which canvasses them and announces the result 15s TRAINING FOR CITIZENSHIP TOPICAL ANALYSIS 1. The causes which produce cities and villages. 2. Necessity for incorporation. 3. Methods of incorporation. 4. Village and city charters. 5. Three principles which underlie municipal government. 6. The city as a business association. 7. Points of resemblance in municipal organizations. 8. Features borrowed from the state and nation. 9. Local laws. 10. Subordinate boards and their powers. 11. City courts ; village courts. 12. Choice of officers. QUESTIONS AND EXERCISES 1. Should a city own its electric lighting plant? 2. Should policemen be appointed by the city council or elected by the people? 3. What is meant by a boodler? 4. In what way can a good mayor advance the interests of a city?| 5. What is the principle of gregariousness? 6. Why should cities be incorporated under a general law rather than by a special act of the legislature? 7. Procure a copy of a city or village charter and learn therefrom the duties of the mayor. 8. Should the mayor of a city have the power to appoint and re- move officers without the consent of the council? 9. What advantage is there in having a mayor appointed by the council? 10. What do you understand by " fire limits " ? 11. Is it practicable to regulate competition? 12. What did Jacob Riis do for the children of New York City? 13. Do you favor municipal control of public utilities? 14. What are " slums " ? 15. What is the best way for controlling the hobo element? 156 XXI MODERN TENDENCIES— CITIES 242. {a) Responsibilty. — No problem in the adminis- tration of public affairs presents greater difficulties than does the government of a great city. In the thickly populated communities the evil elements are kept under control to a large extent by a vigorous public senti- ment (5). A thoroughly bad man becomes less danger- ous because his evil disposition soon becomes known and people avoid him, because not to do so would render them unpopular. In the large cities there are more bad people and they are bolder; they bid defiance to the laws both secretly and openly; and even in the city council there are sometimes found those who are willing to make bad ordinances for their own profit. The real object of the proposed law is carefully concealed and its enactment is so covered up by technical forms that it is difficult to fix responsibility. (b) Government by Commission. — City Charters differ greatly in the amount of authority given to the mayor. In some cities he is given almost unlimited authority, being held responsible for results. In others his authority is very small, the Common Council being the real execu- tive. Between these two extremes comes government 157 TRAINING FOR CITIZENSHIP by commissions. Here the authority is apportioned be- tween several elected officers, each one solely responsible for a particular department: as for example the streets. The mayor may have sole charge of one department, with general supervision of the rest, or he may exercise only these general powers. Ordinarily these commis- sioners have both legislative and administrative respon- sibility and can appoint and remove at will all the other officers and employees of the City. (c) Efficiency. — Such a change from the ordinary form has the double purpose of fixing responsibility and increas- ing efficiency. One of the greatest obstacles to success in any line of effort is lack of system, and this applies both to private and to public business. Effort wasted in com- mercial lines because of a ridiculous delivery system; little shops where the keepers are idle half the time from lack of customers; vacant buildings erected not to supply the real wants of a community but for speculation; scores of real estate agents when a fourth of that number could do all the work; garages so plentiful that the wonder is how they can pay their rent let alone the wages of the employees; pastorless or struggling churches, clientless lawyers and doctors without patients. The burden of all this has to be met by the whole community which pays an increased price to the merchant, unreasonable commissions to the agents, and excessive fees to the law- yers and doctors. (d) City Managers. — That the methods upon which the business of most cities has been conducted involve great waste does not admit of a doubt. The mere fact that 158 MODERN TENDENCIES— CITIES the elective offices are subject to change at comparatively short periods brings in inexperienced men whose lack of training makes it difficult for them to detect, or to remedy if they should be detected, the defects of the system. This is true both in the federal and in the commission forms of government. The administration of a modern city is expert business, and should be conducted by a man trained in this kind of work. It should be his duty to manage the departments, appoint and discharge the heads and all subordinate officials and employees, recom- mend measures to the council or commission, supervise the keeping of the records and accounts and to adopt such new methods as should seem to him best, being responsible only to the power which appointed him. A man who is competent to do all this would be a great acquisi- tion to any City. Fortunately there are such men. (e) The Unemployed. — One of the most important ques- tions with which cities have to deal is that of employ- ment. This is not so great in warm weather, but in the cold short days of winter thousands are without work to enable them to earn the bare necessities of life, which leads to suffering, immorality and crime. We are coming to see that this is largely the fault of our system, and cities, corporations and even individual employers are endeavor- ing so to arrange their work as to give employment the year round. A municipal soup kitchen is a public disgrace, because it is the strongest kind of evidence of the inefficiency of our social structure. (/) Philanthropy. — Aside from its administrative duties a city is organized to promote the comfort, the knowledge 159 TRAINING FOR CITIZENSHIP and even to provide to a certain extent for the amusement of its inhabitants. If thousands of people are permitted to live in unsanitary surroundings they become a menace to the whole community, and hence cities have their housing problems. Sometimes whole rows of buildings are torn down and sanitary ones erected in their stead and rented at moderate rates. Hospitals, training schools for nurses, and a public school system including colleges are also maintained. Public parks, municipal bands and even Christmas-trees paid for out of the public funds fur- nish amusement for the people. (g) Cooperation. — In a primitive state of society the struggle for existence may well be described as the " battle of life," the essence of which is selfishness. Gradually this spirit is passing away and we are coming to see that " helpfulness to others," or unselfishness, should be the rule. The one word which best expresses the method by which this principle is worked out is cooperation. Every added expense in the purchase and distribution of food is a burden which is finally borne by both the producer and the consumer. The City can lessen this by estab- lishing markets where produce can be purchased directly from the farmer. The parcel post is another illustration of how the consumer and producer may be brought in touch for the benefit of both. The farmers unite to form creamer- ies and for decreasing the cost of labor on the farms. Cooperation driven to its logical end would abolish sweat- shops, child labor, long hours and unsanitary conditions, and discord. 60 MODERN TENDENCIES— CITIES TOPICAL ANALYSIS 1. Responsibility. The good and bad citizen. 2. The federal versus the commission form of government. 3. Efficiency. Wasted effort. 4. City managers — duties and qualifications. 5. The unemployed. Municipal soup kitchens. 6. Charity, amusements and instruction. 7. Cooperation versus competition. QUESTIONS AND EXERCISES 1. What is meant by graft? 2. How might politics render the commission form less efficient. 3. Apply the efficiency test to housekeeping. 4. Describe the Dayton plan of commission government. 5. Mention five states where public works can be carried on in winter. 6. Debate the question: " A municipal soup house is a disgrace." 7. Cooperative stores in England have been a great success. Why not in this country? 8. An American town, small now, may soon become a large city. Make a list of the advantages to be obtained from city planning. 9. Draft an ordinance for the regulation of advertising on bill- boards. 10. Harmonize the appointment of employees through the civil service and the commission form of government. 161 XXII THE COUNTY — ITS LEGISLATURE 243. The English County. — '* The civil division of the territory of England," says Blackstone, ''is into counties, of these counties into hundreds, of these hundreds into tithings or towns. As ten families of freeholders (129) make up a town or tithing, so ten tithings compose a superior division, called a hundred, as consisting of ten times ten families. An indefinite number of these hun- dreds make up a county or shire." The head man of the shire was at first styled an elderman, or alderman ; after- ward the shire-reeve or sheriff appeared as the special representative of the king (272). The hundreds were the basis of the township. 244. The New England County. — The New England County was originally a number of towns united for judicial purposes. The towns were settled by church societies, composed of people of moderate means, or poor, united for common defence against the Indians, deeply religious, scru- pulously honest, and obliged to labor with their hands for their daily bread. The life of the community was in the town and in its religious organizations. In New England the county is still of small consequence, it being a judicial district, and a highway district, and little more. 162 THE COUNTY — ITS LEGISLATURE 245. The Southern County. — In the Southern colonies the county was the poHtical unit {J7). The early emigrants were content with the formalities of the English church ; large plantations instead of small farms were the rule, and a numerous body of slaves took the place of the sturdy yeomanry of New England. The long distances which the great majority had to travel to reach the county seat, to- gether with the expensiveness and difficulty of the trip, made it impracticable for the smaller planters to attend the county meetings. Thus the government assumed the form of an aristocracy instead of a democracy, as in the North. 246. The Compromise County. — The tendency of peo- ple to carry their local ideas with them (214) caused the counties in the newer states to assume a form which was a compromise between the Northern and the Southern systems. In Ohio the county overshadows the township ; while in Michigan the counties, though important, do not interfere to any great extent in merely local affairs. A study of the compromise county as found in Michigan will enable any one to learn readily by comparison the essential features as found in other states. ' 247. Definition of a County A county is a political division of a state, consisting of several townships united to assist in local government, and for judicial purposes. It is a public corporation {j6\ and as such can bring suit ; but it has no common law powers (24), and can be sued only where the statute permits. It can purchase and hold real estate for the use of the county, borrow money, and do all other acts in relation to the property and concerns of the county, where the power is directly given, or may fairly be inferred from the statute. 163 TRAINING FOR CITIZENSHIP 248. Size and Boundaries. — Counties vary greatly in size, being larger in the Southern and Western states than in the Northern and Eastern. Rhode Island with 1085 square miles has five counties ; while South Carolina with 3400 square miles has thirty-three. In Michigan every county must have at least sixteen townships ; but any city having a population of 20,000 may be organized into a county. In the new states the boundaries are regular, fol- lowing the lines of survey ; but in the original states they are irregular, being composed of towns which often have natural boundaries (75). 249. The County Seat. — The place where the official business of the county is transacted is called the county seat. Here the county courts hold their sessions ; here the public buildings are located, and here certain of the county officers are required to reside, and to keep their offices open for the accommodation of the public. As the majority of those who have business to transact are obliged to visit the county seat, its location is of considerable im- portance to property owners. In the first instance its site is usually determined by the legislature ; but it can be re- moved only by a vote of the people, when the question of removal has been properly submitted to them. 250. The Board of Supervisors. — In some of the states the county legislature consists of representatives from vari- ous localities, and with Hmited powers ; in others, legis- lative authority is intrusted to a board of from three to seven members, elected from the body of the county. In most states, perhaps, the county legislature has the official title of board of supervisors ; in some, of board of county commissioners ; and in a few, of court of quarter ses- 164 THE COUNTY — ITS LEGISLATURE sions. In Michigan and Illinois the board of supervisors consists of one member from each township, who is thus both a township and a county officer. The cities are also entitled to representation upon the board. There is an annual meeting of the board, and such special meetings as may be found necessary; but the number of days for which each supervisor can draw pay for services rendered the county is limited by law. In states having the county system the supervisors are usually paid a salary, and an allowance is made for travelling expenses. 251. The Judicial Powers of the Board. — The board of supervisors is authorized to sell, purchase, and lease real estate, and to erect buildings thereon ; to raise by tax, or by loan, money for county purposes, and to provide for the payment of the same ; to fix the compensation of county officers, and to determine the value of any ser- vices that may have been rendered the county, which determination is final. This board also provides jails, courthouses, and all necessary public buildings, and keeps the same in repair. It also equalizes the valuation of the townships and cities as fixed by the assessing officers and boards of review. 252. The County Charter. — The act in accordance with which the county was organized, and the provisions of the general laws as modified by court decisions {S6), constitute the charter of the county. The county government is considered a part of the state government, and a county debt created by authority of the law is regarded for the purposes of collection as a part of the state debt. In the same manner as there is no remedy against the state, so there maybe none against the county. The state cannot 165 TRAINING FOR CITIZENSHIP be sued except by its own consent ; nor can the county be sued unless the state permits it. In such a case the cred- itors of a county have nothing to rely upon except the good faith of the county. 253. Subordinate Boards. — In addition to the board of supervisors there are various boards, or commissions, in the county which receive their power directly from the legislature, but which are made more or less subordinate to the principal board. Such are the poor commission, the board of auditors, where one is found, bridge commis- sions, jury commissions, and the like. In the New Eng- land, and in many of the compromise counties, the care of the ordinary roads and bridges, of the health, and some- times even of the poor, is left to the township. TOPICAL ANALYSIS 1. Composition of the English county. 2. The nature of the New England county. 3. The aristocratical nature of the Southern county. 4. The compromise county. 5. Definition of a county. 6. Size and boundaries of counties in different states. 7. Location and removal of the county seat. 8. The county legislature. 9. Judicial powers of the board of supervisors. 10. The county charter. 11. Duties of subordinate boards. QUESTIONS AND EXERCISES 1. From the statutes of this state make a list of the judicial powers of the chief legislative body in the county. 2. Give some reasons why a tax should be levied to build substan- tial and even elegant county buildings. 166 THE COUNTY— ITS LEGISLATURE 3. Write a resolution to be submitted to the board of supervisors for the removal of the county seat. 4. Prepare the ballots for levying a tax to build a bridge. 5. How many supervisors are there in this county? 6- What advantages would a board of three supervisors have over a board of thirty? 7. How many square miles are there in this county? 8. How many counties are there in this state? 9. Can a member of the board of supervisors make a lawful con- tract with the county for supplies? 10. Debate the following question: — " Resolved that the county legislature should consist of repre- sentatives elected from townships." 'II. Should county prisoners be permitted to work on the public roads and receive pay? 12. In some states all property is assessed by a state board. What is the objection to this method? 13. A certain county in the state of California is nearly as large as the states of Massachusetts, Connecticut and New Hampshire combined. Should it be divided? 167 XXIII POLITICAL MACHINERY — CAUCUS AND PRIMARY 254. Political Parties. — A political party may be de- fined as a combination of electors, holding similar political views, and organized for the purpose of controlling the policy of the government. People vary in their opinions as to the best methods of conducting public affairs, and perhaps no two persons who think independently will agree perfectly upon any one course. As it is impossible for every man to have his own way in all respects, each modifies his views a httle to suit those of another, and finally a large number are able to stand together. When such an agreement has been reached it is gen- erally reduced to writing, and is called a " platform." This platform is a statement of the course which a polit- ical party promises to pursue in administering the affairs of the government. Each subject touched upon in the platform is called a *' plank." The number of political parties which can be formed is unlimited; but usually there are four or five. For years there have been in this country two great political parties, the Republican and the Democratic, and the great mass of voters have belonged to one or the other of them. 168 POLITICAL MACHINERY 255. The County Committee. — The interests of each poUtical party in the county are looked after by the county committee. This consists of one or more members from each township, and from each ward in the cities, the number being determined and the members elected by the county convention. Its officers are a chairman, a secre- tary, and a treasurer. It is the duty of this committee to keep well informed as to the party strength in the county, to ascertain the policy to be pursued as mapped out by the party leaders in the state and in the nation, to fix upon the place and the date for holding any county con- vention, to collect and disburse funds for defraying the ex- penses of the campaign, to procure and give out political literature, and to assign dates, places, and secure speak- ers for the holding of political meetings. During the po- litical campaign the county committee always establishes its headquarters at the county seat, where any member of the party is welcome, and where the returns are sent from each precinct on the night of the election. The organiza- tion is so complete that, except when the vote is very close, each candidate for a county office knows his fate on the morning following the election. 256. Township and Ward Politics. — In the nomination and election of its officers the county makes use, as far as possible, of the machinery of the township. By virtue of his office the member of the county committee is usually considered as the party leader in the township or ward. It is his duty to become informed as to the party strength in the township or ward ; and to accomplish this he should himself know, or have the means of ascertaining, the polit- ical preferences of every voter. When there is but one 169 TRAINING FOR CITIZENSHIP precinct in his district, this work of gathering information can be done by one person ; but sometimes there are a large number of precincts, with several thousand voters, and then the leader must have a well-trained body of subordinates to assist. The township member also calls caucuses and primaries for the selection of delegates to the county convention, makes the local arrangements for political meetings, sees that the political literature. sent out by the county committee is placed in the hands of the individual voters, distributes the money sent him by the county committee where it will do the most good, sends in the returns on the night of election, and attends the meet- ings of the county committee. 257. A Political Caucus. — A caucus was originally a conference between the members of a party, either to de- cide upon measures to be adopted, or to select candidates for offices to be filled (104). An excellent illustration of the first kind may be found in the Boston caucus which decided that the British must rule both regiments or none. When the chief purpose is to select candidates for offices, it may be called a political caucus. The word " caucus " is said by some authorities to have been derived from the name of a Mr. Calkins, who kept a corner grocery in Boston where such meetings were held. Others derive it from the Caulkers' Union, an organization which was very successful in electing its candidates. The proceedings of a political caucus are always very informal. A chairman and a secretary are appointed, a ballot-box is provided, tellers are selected to receive and count the ballots, and the results are announced by the chairman and recorded by the secretary. 170 POLITICAL MACHINERY 258. Political Clubs. — A natural outgrowth of the county committee and the caucus system is the political club. For a party to succeed in an election, its organiza- tion must be kept up during the whole year. In the town- ships, villages, and cities of moderate size, occasional meetings of the committee will do until a few weeks before the election, when they must be more frequent; but in the larger cities this is not sufficient, and each of them has one or more political clubs, the influence of which is a determining factor in all elections. If the primary purpose of the club were to educate the voters in the principles of the party, the organization would be a valuable one ; but while this, is no doubt accomplished to a certain extent, the main purpose is to secure possession of the offices for the sake of profit, which is quite another thing. The members of the club are too often bound to- gether, not by a sentiment of patriotism, but by a desire for gain ; and, through the influence of this spirit, politics descends from a noble profession to a disreputable trade. The officers who compose this club are sometimes called a "ring," and the chief officer a "boss." 259. The Primary. — A primary is a meeting held by a political party in each precinct, the simplest political divi- sion, for the nomination of officers or delegates. There is a distinction between a caucus and a primary, and when both are used the former is held to prepare a list of names to be submitted at the primary, from which either the offi- cers or the delegates are to be chosen. This list is com- monly called a "slate." Often, however, no caucus is held, and two or more slates are prepared by individuals. It is generally the case that those whose names are upon 171 TRAINING FOR CITIZENSHIP an individual slate are pledged to carry out the wishes of the slatemaker. 260. Holding a Primary. — Sometimes the method of organizing and conducting a primary is carefully pre- scribed by laws of the state. When, however, the law is silent upon the subject, the method may be somewhat as follows : the primary is called to order by the township or precinct committeeman, or by the chairman of this com- mittee, if there be more than one member, who states the purpose of the meeting. The chairman, a secretary, and, if the vote is to be by ballot, two tellers, are usually ap- pointed by the voters. The ballots are now distributed, the voters mark their preferences, and the tellers collect and count the ballots. Instead of using printed ballots, the vote may be taken viva voce, by a show of hands, or by a division of the house. Whatever method may be used, the secretary announces the results, and the chairman declares the one having the highest number to have been chosen. If the purpose of the primary be to nominate township officers, the vote for each is taken separately ; but if it be to choose delegates to a county convention, usually all are voted for at the same time. The secretary now writes out a clear statement of the results of the primary, which he signs, as does also the chairman. If an election is to be held, this statement is given to the proper officers, and the names are placed upon the official ballots. If delegates are chosen to the county convention, this statement is given to the chairman of the delegation, and constitutes the credentials. 261. Ratio of Representation. — Several days before any 172 POLITICAL MACHINERY county convention, the committee is called together by its officers, and a date is set for the holding of the convention. Before this date arrives, a caucus, or a primary, or both, is called in each ward and in each township for the nomi- nation of delegates to the county convention. The num- ber of delegates to which each ward and township is entitled is found by dividing the whole party vote for gov- ernor at the last election by a certain number, say thirty, as determined by the county committee. This number is called the ratio of representation. An additional delegate is given when the number left after dividing is greater than one-half of the ratio, and every township or ward is entitled to at least one delegate. 262. Delegates. — A delegate may be defined as an agent chosen by a certain number of voters to represent them at a convention. Just as an agent's power is lim- ited by the instructions of his principal, so the voters who select the delegates may limit their powers by passing proper resolutions. If this be not done, each delegate may exercise his own judgment and vote as he pleases. Quite often, however, all the delegates from a particular township or ward will vote as a unit, as this course will give the delegation more influence. For the nomination of township or precinct officers, the primary is the only meeting necessary; but all the elective officers of the county are nominated in the convention. 263. Alternates and Proxies. — It often happens that one or more of the delegates selected does not care to go to the county convention, and some one else fills his place. This substitute is called a proxy. Sometimes each dele- gate is allowed to appoint his own proxy, but more often 173 TRAINING FOR CITIZENSHIP proxies are chosen by the delegation. Occasionally, two sets of delegates are selected, the second being called alternates, to serve in case any of the principal delegates are absent. TOPICAL ANALYSIS 1. A political party ; a platform ; a plank. 2. Composition and organization of the county committee. 3. Township and ward politics. 4. A pohtical caucus ; derivation of the term. 5. Political clubs ; Tammany. 6. Definition of a primary ; a slate. 7. Holding a primary. 8. Ratio of representation. 9. Delegates. 10. Proxies and alternates. QUESTIONS AND EXERCISES 1. In New England the merits of candidates are discussed in open caucus. Is the rule a good one ? 2. Should delegates be instructed to vote as a unit ? 3. Ought a voter who has attended a caucus always to be bound by its action ? 4. What is " repeating " ? 5. Look up the derivation of the word " Tammany." 6. What is a " packed " caucus ? 7. Explain the term " ward heeler." 8. Attend a caucus and see how the method of conducting it differs from that described in the text. 9. Why not vote for candidates at the primary and dispense with the convention ? 10. Debate the following: — "Resolved that the convention system of nominating candidates should be confined to state and national officers." 174 XXIV POLITICAL MACHINERY — CONVENTION AND ELECTION 264. The Convention. — At the time and place ap- pointed, the chairman of the county committee calls the convention to order, states the purpose, and asks the further pleasure of the meeting. Sometimes the county committee selects the temporary chairman and secretary; but often the convention chooses even the temporary offi- cers. The next step is the appointment of a committee upon organization and order of business, a second on cre- dentials, and a third on resolutions. Sometimes the com- mittees are appointed by the chairman, and sometimes by a vote of the delegates, the number being determined by the convention. A short recess is now taken to enable the committees to make up their reports. It sometimes happens that the convention does not wish to take a recess, but will fill in the time by Hstening to speeches. This affords a really fine opportunity for a good orator to make his mark. His audience is sympathetic, the topic is of his own selection, and if he handles it skilfully, it will make him popular with his party and pave the way for future favors. 265. Committee Reports. — After the appointment of the committees they will usually retire to separate rooms to 175 TRAINING FOR CITIZENSHIP prepare their reports. The chairmen of the several town- ship, ward, or precinct committees will now hand their credentials to the credential committee for inspection. If they be regular on their face, and there be no contest, the list of delegates upon each set will be accepted. There may, however, be a contesting delegation, in which case the committee will recommend the acceptance of the list which seems best entitled to it. The committee upon organization and order of business will recommend a plan for conducting a convention sub- stantially as follows : — 1. That the temporary officers be made permanent. 2. That the report of the committee upon credentials be next considered. 3. That the convention shall then proceed to vote for the nomi- nation of candidates for the various offices, prescribing the order. If it be a delegate convention, then the recommendation will be to vote upon the list of delegates. 4. Report of the committee upon resolutions. 5. Appointment of new county committee. 6. Adjournment. 266. Real Work of the Convention. — When the com- mittees are ready to report, the chairman calls the con- vention to order, and the report of the committee upon organization and order of business is heard and acted upon. It is generally accepted, but, like any other report, may be amended. The chairman now thanks the conven- tion for the honor conferred upon him, and the business is then transacted according to the plan laid down by the committee. The body of rules which guide the chairman in presiding over the convention is called " Parhamentary 176 POLITICAL MACHINERY Law." These rules had their origin in the British House of Commons, or Parliament, hence their name. They are essentially the same for all deliberative assemblies, and a good knowledge of, and some practice in, applying them is essential to make a successful presiding officer. 267. Nominations by Petition. — A little experience in the actual workings of the caucus and convention systems of nominating officers will convince one that there are serious objections to it. It requires the expenditure of a large amount of time on the part of the delegates and members of the committee, involves an outlay of consider- able money, and, worse than all, offers an opportunity for the use of unfair means to accomplish selfish purposes. To avoid these evils several methods have been tried, that by petition or '' nomination papers " being, perhaps, the most satisfactory. This method provides that a candidate may be put in nomination by filing with the proper officer a petition to that effect, signed by a specified number of qualified voters. This number varies in different states. In Iowa there must be at least five hundred for a state office, twenty-five for a county, district, or other division less than a state, and ten in a city, town, precinct, or ward. The nomination papers must be filed with the same officers as in the case of certificates from caucuses, primaries, or conventions. The minimum time limit for filing in the different states is from three to thirty-five days, and the maximum from forty to one hundred days, sixty days being the most common. 268. The Campaign. — After the nominations are made, each party puts forth every effort deemed necessary to secure the election of its candidates. At the fall elections, 177 TRAINING FOR CITIZENSHIP which in most states are held on the first Tuesday after the -first Monday in November, there is usually much more activity than when the election is held in the spring. This is especially true every four years, when both national and state elections are held at the same time. In addition to what the county committee may do, each candidate is sup- posed to look out for his own interest, and the newspapers take a very active part. All this costs money, which is secured by an assessment upon each candidate and by voluntary contributions. 269. The Election. — Upon such a day as the laws of the state direct the election is held in each township and ward precisely in the same manner as in the case of the township election (104-113). Within a certain number of days after the election has been held the township clerk, or some other officer designated by law, must file with the county clerk the returns for his township or ward. 270. Canvass of Votes. — At a time specified by law the county board of canvassers meets at the county seat, in- spects the returns, enters the results in the records, and issues a certificate of election to the successful candidate. If there be no contest, the work of the board of canvassers is merely clerical. But where the results are close, the candidate who, upon the face of the returns, is defeated often demands a recount. The ballots are then sent for and brought from all the election precincts, and each set is carefully inspected to see that no error has been made. The decision of the board of canvassers may be appealed from, and sometimes the question is not settled until the highest court in the state has passed judgment upon it. The board of canvassers is variously constituted. In 178 POLITICAL MACHINERY Michigan it consists of three members appointed by the board of supervisors. TOPICAL ANALYSIS 1. Calling the convention to order; appointment of com- mittees. 2. Reports of committees. 3. Real work of the convention j Parliamentary Law. 4. Nomination papers. 5. The campaign. 6. The election. 7. Canvass of votes, QUESTIONS AND EXERCISES 1. Organize your class into three or more wards, townships, or pre- cincts, and hold a primary in each (a) for the purpose of nominating local officers, (6) to send delegates to a county convention. 2. Combine these sets of delegates into a county convention and hold it. 3. Elect delegates to a state convention with three or more counties represented. 4. Elect delegates to a national convention with three or more states represented. 5. Give the name of a member of the county committee of either party. 5. Who is the chairman of the state central committee of any party ? 7. Why is it dishonorable to vote at a primary if you do not belong to the party holding it ? 8. What great party has a two-thirds rule in its national conven- tion? g. To how many delegates in the national Republican convention is this state entitled ? How many in the Democratic ? 179 XXV ADMINISTRATIVE OFFICERS 271. Kinds of Officers. — An ofifice has been defined as a special charge or trust created by competent authority. An officer is distinguished from an employee in the greater importance, dignity, and independence of his position, in being required to take an oath and perhaps to file a bond, and in the tenure of his position. A constitutional office is one provided for by the constitution of the state or nation. A ministerial officer has a line of conduct marked out for him, and has nothing to do but to follow it. A public office is an agency of the state, and a public officer is one whose duty it is to perform that agency. Execu- tive or administrative officers are those whose duties are merely to execute the laws. 272. The Sheriff. — At the head of the administrative officers of the county stands the sheriff. The office is one of great antiquity, the term being derived from two Saxon words meaning the reeve or officer of the shire (243). As in England the sheriff has always done all of the king's business in the county, so in this country he is the business officer of the state. In this capacity he gives notice to the election officers of the date when the choice of state officers will be made ; is the proper agent to pro- cure the ballots in cases of disputed elections, and some- 180 ADMINISTRATIVE OFFICERS times acts upon the board of canvassers. As the chief police officer he is called upon to quell riots ; may call out all the male citizens above fifteen and under forty-five years of age to assist ; and, in case it is necessary, the state militia is also placed under his command. He also has charge of the jails and takes care of the prisoners. In England he holds his office at the pleasure of the king, and generally for a long period ; but with us his term of office is limited. 273. Sheriff *s Assistants. — The sheriff is looked upon as the responsible officer, and gives a bond for the faithful performance of his duty. He is, however, required to appoint an Tinder-sheriff, and also several other assistants called deputy sheriffs. Each one of these must give a bond to the sheriff as his superior, and is Hable to re- moval at his pleasure. These assistants act under the direction of the sheriff, or in case of his absence from the county ; but the official act of any one of them is con- sidered the act of the sheriff, and in case he is disqualified to act, the coroner, or some other officer, not one of his assistants, takes his place. 274. County Clerk. — The county clerk has the same general relation to the government as the township clerk has to the township government (90). He is clerk of the board of supervisors, and, as a rule, of all the other county boards and commissions ; he countersigns all orders drawn upon the county treasurer ; issues marriage licenses, keeps a record of births and deaths, and keeps on file all reports of the county officers. All official communications from the state officers to the township clerks are made through him. 181 TRAINING FOR CITIZENSHIP 275. The Treasurer. — The county treasurer, as the custodian of the county funds, must give heavy bonds, and usually can hold his office for only two successive terms. Under the township unit system he receives the money due the county and state (91), and forwards to the latter its share ; distributes to the treasurers any money due their townships ; and forces the collection of unpaid taxes by a sale of the property, if necessary. Under the county unit system the last mentioned duties are performed by a tax- collector. 276. Register of Deeds. — It is the duty of the register of deeds to enter upon books prepared for that purpose a copy of all deeds and real estate mortgages upon the lands of his county. These books contain a complete his- tory of the titles to all the lands in the county. By means of abstracts (136), and from the indexes contained in the books themselves, the history of any particular description may be found. 277. Superintendent of Schools. — In the majority of the states there is elected in each county a superintendent of schools. It is his duty to hold public examinations and to issue certificates to those whom he finds qualified to teach ; to hold institutes ; to consult with school officers, and to make such reports to the state superintendent and to the county clerk as are required by law. Often he is assisted, especially in the examination of teachers, by two or more persons, who, together with the superintendent, form the county board of school examiners. This board is usually given the power to revoke certificates for any reason that would have justified them in withholding one. In most states women are also eligible to this office. 182 ADMINISTRATIVE OFFICERS In addition to what may be called his purely profes- sional work, the county superintendent in some of the states has other services of a very important business nature. In California, Arizona, and generally where the county is the unit (83), he audits accounts against school districts ; appoints trustees to fill vacancies ; apportions its share of the school money to each district ; maintains the school in each district for five months when the school board fails to do so ; requires the trustees to keep the schoolhouse and outbuildings in good repair and sanitary condition, and administers oaths to teachers and school officers. In Ken- tucky he is required to condemn any school building which is dilapidated, unhealthful, or otherwise unfitted to be occu- pied for the purpose of a common school. 278. Other Administrative Officers. — The coroner is an ancient officer of the crown, whose principal duty is to investigate the circumstances connected with deaths by violence, or when there is any suspicion of violence. In this capacity he acts as a judge, and the facts are inquired into by a jury which he is authorized to summon. In Michigan he takes the place of a sheriff when for any reason that officer is disqualified to act. In many of the states there is an officer called a public administrator, whose duty it is to take charge of the estates of deceased persons who have no heirs or devisees in the state. A surveyor lays out and establishes the grades of high- ways ; a drain commissioner looks after the construction and repair of ditches for removing surplus water from swamp lands ; while in the arid states overseers are elected to construct irrigating canals, to regulate their use, and to apportion and distribute the water conveyed. 183 TRAINING FOR CITIZENSHIP TOPICAL ANALYSIS 1. Officers and offices. 2. Administrative duties of the sheriff. 3. The sheriff's assistants. 4. The county clerk. 5. The county treasurer. 6. The register of deeds. 7. Superintendent of schools. 8. Other administrative officers : coroner, public administrator, surveyor, etc. QUESTIONS AND EXERCISES 1. Suppose a fire should destroy the books in the register's office, how might this affect you ? 2. How many grades of certificates are issued by the county board of examiners? 3. Why must every teacher in the public schools have a legal cer- tificate ? 4. Who can arrest the sheriff in this county ? 5. Can a justice of the peace perform the duties of a coroner in this state ? 6. Does the county clerk have a seal ? 7. How many successive terms can a sheriff serve in this state? 8. If an abstract shows no flaw in the title, are you certain there is none ? 9. Give the name of any other county officer. 10. Has the county superintendent in this state enough power ? J84 XXVI THE COUNTY COURTS 279. Necessity for County Courts. — One of the chief purposes of the county organization is the better adminis- tration of justice, and in some states this is about the only object (247). This, however, is very important; for we should have scant security for person or property if suits involving large sums, and criminal actions where long terms of imprisonment are inflicted, were to be settled finally in the township courts, where the justices them- selves are for the most part unlearned in the law. The resources of the township are too slender and the amount of business too small to maintain expensive suits in the courts, even if a sufficient number of learned judges could be found to preside over them. 280. Circuit Courts. — In all the states there are to be found county courts, variously called circuit, district, supe- rior, and courts of common pleas, for the trial of the more important causes both civil and criminal, and to which appeals may be made from the decisions rendered in the township courts. Sometimes, as in Ohio, the civil and criminal causes are intrusted to separate courts. Courts are commonly divided into those of record and not of record, the former being provided with a seal and a clerk, the latter having neither. In courts of record the proceed- 185 TRAINING FOR CITIZENSHIP ings are carefully written down, and the files of each case are preserved by the clerk to be referred to when necessary. A court of record has power to inflict a fine and imprison- ment for a contempt of its authority. County courts are generally of record ; townships courts are not. 281. Probate Courts. — Besides the ones already men- tioned there is often a probate court presided over by a separate judge. It is usually called a probate court, some- times the county court, and in New York the surrogate. In California the superior judge of the county has charge of the probate. The chief duty of this court is to care for the estates of deceased persons ; to see that each claimant, whether an heir or a creditor, receives what is legally due, and to protect the widow and appoint a guar- dian for any child, weak-minded or insane person that may need some one to care for his estate. If the deceased left a will, an executor is appointed ; if there was no will, the person is said to be intestate, and the judge appoints an administrator. Insane persons are also examined by a commission chosen by the probate judge. In addition to probate matters, this court is sometimes given a limited jurisdiction in civil and in criminal cases, and in some states the probate judge acts as superintendent of schools. An appeal lies from the probate to the circuit court. 282. Law and Equity. — There is also a distinction be- tween a court of law and a court of equity, or, as it is sometimes called, a court of chancery. In a court of law the cause must be decided according to the strict require- ments of the statute ; but as this often defeats the real intent, a court of equity will, in some instances, disregard the strict letter of the law and grant relief. For example, 186 THE COUNTY COURTS if a man should borrow a sum of money and give a deed of his homestead for security, as a matter of strict law the one who held the deed would own the land. But in the court of equity this instrument, which upon its face is a deed, would be considered a mortgage, and, before pos- session could be taken, the grantee would have to fore- close (135). Sometimes courts of law and courts of equity are presided over by separate judges, often by the same judge, and in some states the distinction is abolished. The final action of a court of law is called a judgment (184); that of a court of equity is termed a decree. 283. Jurisdiction. — In civil matters the circuit courts are given original jurisdiction (177), where the debt or damage exceeds $100; and in criminal cases, whenever the punish- ment for the offence is imprisonment for more than ninety days, or a fine of over ^100 (187). When the amount of the debt, or the damage claimed, is between ^100 and $300, the plaintiff can bring a suit either in the township or in the county court if he sees fit. In this case the jurisdiction is said to be concurrent. The orders of the justice of the peace cannot as a rule be enforced outside of the county in which they are issued; the orders of the county court are valid anywhere in the state. 284. The Grand Jury. ■ — There are two kinds of juries in the circuit courts, — grand (large) and petit (small). The grand jury consists of not less than twelve nor more than twenty-three men, drawn from various parts of the county. This jury does not actually try causes, but examines into charges submitted by the judge, and determines whether there is reasonable ground to believe the accused to be guilty of the crime charged in the indictment, or accusa- 187 TRAINING FOR CITIZENSHIP tion (i88). If at least twelve of the grand jury think there is sufficient ground, the words "a true bill" (193) are indorsed upon the indictment, and the accused must stand trial. As no evidence is heard in favor of the accused, grand juries are little used in some states, their place being supplied by the preliminary examination of the justice of the peace. 285. The Petit Jury. — For the actual trial of causes the petit jury is employed. It consists of twelve electors who reside in different portions of the county, there being two panels, or twenty-four jurors in all, drawn each term of court, and who serve during the whole term. Upon the trial of any cause the jurors are subject to the same objections as in the township court (176), and if twelve in- different men cannot be found among those summoned, talesmen are chosen. The verdict must be unanimous in criminal cases ; but in civil cases in some states a greater or less majority decides. 286. Supervisory Powers. — Besides his duties in the trial of causes, the circuit judge may exercise supervision over township boards, county boards, and all public officers. Any proceeding had before a township or county board can be reviewed before the circuit court ; and if for any reason the business has not been legally performed, it may be set aside. In the same way if there be any reason to suspect that a public officer has exceeded his powers, or has violated the law, he may be punished in this court. Offences of this kind may be inquired into upon complaint of any pri- vate person, or the judge may order the summoning of the grand jury for that purpose. 287. Appeals. — From the decisions of the county court 188 THE COUNTY COURTS upon questions of law either party may appeal to a higher court (185). This is not the case as to questions of fact, for as to the facts the decision of a jury, or of the judge when there is no jury, is final. It is the application of the law to the facts and the admission or rejection of testimony that may be appealed from. The number of courts to which an appeal can be made from the county courts differs in the states, there being one in Michigan called the supreme court, and two in New York, the supreme court and court of appeal, the latter being the higher authority. 288. Error. — A writ of error is a command issuing from the appellate court, directed to the inferior court, and ordering the judge either to examine the record to see if there be not some mistake in fact by reason of which the judgment ought to be set aside ; or to send the record to the appellate court to see if there has not been some mis- take in law by reason of which justice would be defeated, if the judgment should be allowed to stand. If the decision should be against the validity of the judgment, it will either be set aside, or a new trial ordered, or the case will be dismissed entirely. In no event will a new trial be granted unless the protection of substantial rights re- quire it. 289. Mandamus. — This is a Latin word meaning "we command you." It is directed to some person, corporation, or inferior court, requiring them to do something which it is their duty to perform, but which they are neglecting. It is by the use of this writ that courts oblige public officers to discharge the duties of their offices. If they refuse to perform an act which the law clearly requires, the superior will compel obedience. 189 TRAINING FOR CITIZENSHIP 290. Injunctions. — The writ of injunction is a judicial order whereby a party is personally required to refrain from doing, or to perform a particular act, as to which the party asking the injunction has a clear right. It generally prevents rather than restrains, but may do either. Armed with a writ of injunction, an officer can prevent a man from making an inflammatory speech, can disperse a mob, or require a person to retain possession of securities which are claimed by another. 291. The Circuit Judge. — The highest judicial officer in the county is the circuit, district, or superior judge. This position is a very important one, as upon the judge, more than upon any other officer, depends the vigorous enforcement of the law. He must be an attorney, should have had a long experience in active practice, must be a man of the very highest character, and should have a good education so that he may be able to express himself clearly and forcibly in his written opinions. He is paid a salary, usually holds his office for at least six years, and is often reelected without reference to his political belief. Writs of mandamus, habeas corpus, and injunction may be issued by the circuit judge. 292. The Sheriff as Court Officer. — In addition to the duties already mentioned, the sheriff has the same relation to the county court as the constable has to the township court {'^j\ The former can, however, serve the orders of the county court in any part of the state ; but the authority of the latter is confined entirely to his own county, and he may not act as an officer in the circuit court. Either the sheriff or one of his assistants is present at every session of the circuit court to preserve order. 190 THE COUNTY COURTS 293. The Clerk as Court Officer. — A very important part of tHe county clerk's duties is to act as clerk of the circuit court. He makes out all the writs, keeps the records, preserves the papers relating to each cause in a separate file, attends to the drawing of the jury, and performs all other duties that are merely clerical in their nature. In the actual trial of a cause, the evidence as given by the witnesses, the charge of the judge, and in some cases even the arguments of the lawyers are taken down verbatim by the court stenographer. 294. Attorneys at Law. — For the assistance of those who have causes to try, there is a class of court officers known as attorneys at law. An attorney must be twenty- one years of age, must have passed an examination for admission to the bar, as a rule must be a citizen of the state, must take the oath prescribed by law. In many states graduates of law schools are admitted to practise without an examination by a court. An attorney of one state is not permitted to practise in the courts of a neighboring state unless he be regularly admitted to the bar, or unless upon special motion by some reputable attorney he be granted a special privilege by the court to try a single case. In Florida one who is permitted to practise in the circuit court of the United States may practise in the state court. If an attorney be guilty of unprofessional conduct, he may, upon conviction, be disbarred. 295. The County Attorney. — When any one is charged with a crime he must stand trial, and as in every county there is certain to be quite a number of these cases during the year, one of the attorneys is elected by popular vote to 191 TRAINING FOR CITIZENSHIP take charge of them It is also the duty of the county attorney to prosecute or defend any action in which the county is interested, and to give advice to county offi- cers when requested. As the greater part of the time is taken up in prosecuting those charged with crime, he is often called a prosecuting attorney. This title, however, is misleading, for it is as much his duty to protect an innocent prisoner as it is to secure the conviction of a guilty one. Like the judge, he is paid a salary. 295 (a) . Public Defender. — In a large city the prose- cuting attorney's office is a very perfect organization with assistant attorneys, court officers and detectives eager to make out a case, their expenses and fees being paid by the city. The accused on the other hand, usually with- out resources and many times without friends, is often unable to make a proper defense. To prevent any in- justice being done, a skilled attorney is appointed in some cities to see that all accused persons have a fair trial and at public expense if necessary. 296. Court Commissioners. — In most counties, and especially where several are joined for judicial purposes into one circuit, there is more business than the judge can find time to do. He is, therefore, given assistants in each county, called commissioners, who have authority in certain cases to act in his place, subject, however, to appeal. Whenever, also, there is a question to be decided which does not require the exercise of judicial discretion, as find- ing the amount due on a mortgage, the commissioner does it. These officers must be attorneys. 192 THE COUNTY COURTS TOPICAL ANALYSIS 1. Necessity for courts higher than the justice's. 2. Courts of record and not of record. 3. The duties of probate court. 4. Law courts: equity courts. 5. Jurisdiction: original, appellate, concurrent. 6. The grand jury; the true bill. 7. The trial jury. 8. Supervisory control of officers and board by the circuit judge. 9. Appeals to the supreme court. 10. How a judge may be compelled to correct his own mistakes. 1 1 . Any person may be compelled to do his duty. 12. How a person may be prevented from doing wrong. 13. Qualifications for a circuit judge. 14. The sheriff as court officer. 15. The clerk as court officer. 16. Attorneys at law. 17. Court commissioners. QUESTIONS AND EXERCISES 1. When would a knowledge of chemistry be useful to a judge? 2. What is meant by " government by injunction " ? 3. Is a grand jury regularly sxmimoned in the courts of this state? 4. Who is " a professional juryman " ? 5. What are the conditions for admission to the bar in this state? 6. State a case where an attorney ought to be disbarred. 193 TRAINING FOR CITIZENSHIP 7. If a jury renders a verdict contrary to evidence, what course may the judge pursue? 8. Has the judge a right to question a witness? May a juryman question a witness? 9. State a case which must be tried by a court of equity. 194 Part IV The State Government Chapter XXVII. Chapter XXVIII. Chapter XXIX. Chapter XXX. Chapter XXXI. One of the United States The Executive Department Aids to the Executive The Legislative Department The Judicial Department XXVII ONE OF THE UNITED STATES "To balance a large 'state or society, whether monarchical or republican, on general laws, is a work of so great difficulty that no human genius, however comprehensive, is able by mere dint of reason and reflection to effect it. The judgments of many must unite in this work. Experience must guide their labor, time must bring it to perfection, and the feeling of inconveniences must correct the mistakes which they inevitably fall into in their first trial and experiments." — Von Holst's Constitutional Histoyy. 301. Historical. — The thirteen original states whose independence was recognized by Great Britain in the treaty of Paris, signed September 3, 1783, practically occupied only the country lying between the Alleghanies and the Atlantic, and to this strip the British ministers attempted to confine them. The colonial governments, however, claimed all the country lying between the Alleghanies and the Mississippi River, and this was finally conceded. By 1802 (63) all the last-mentioned territory had been ceded to Congress by the states, with the understanding that it should be under the control of the national government until such time as it could, portion by portion, be prepared for self-government and admitted as separate states into the union. By separate additions the original Mississippi boundary has been pushed westward on the continent to 197 TRAINING FOR CITIZENSHIP the Pacific, south to the Gulf of Mexico, and Alaska, Hawaii, Porto Rico and the Phihppines have been added. 302. A European Colony. — Previous to 1787 (224) the colonial possessions of a nation v^ere looked upon as so much property, to be disposed of in any manner, and upon such terms as the owner should see fit. They could be bought, sold, and transferred upon the same principle as real or personal property, and without consulting the in- habitants. The central idea in acquiring territory, in planting colonies, or in disposing of them was simply one of commercial or military advantage. Usually the colo- nists were given more or less power to control their local affairs ; but the extent of it depended entirely upon the policy of the superior government. England has, when it was considered practicable, always granted considerable privileges in this direction ; but such has not been the policy of Spain. In theory, and in practice also in all ex- cept the more important ones belonging to Great Britain, a European colony is simply a subject province. 303. An American Territory. — An American territory is one of the districts into which, for the purpose of local gov- ernment, the pubUc domain is divided. The word '' terri- tory " is here used in a narrow sense, as including only that part of our dominions not organized into a state, and which is the property of the whole nation. A territory may be unorganized, in which case the people have nothing to say in the rjianagement of the local affairs ; or it may be organ- ized, when nearly everything pertaining to the local gov- ernment is left to the people. Every state in the union, except the original thirteen and Texas, has passed through the last of these stages on its way to statehood; many 198 ONE OF THE UNITED STATES have passed through both, and it has been the policy of Congress to encourage this progress. In an American territory the central object is to secure the peace, prosper- ity, and true happiness of the people by cultivating a spirit of self-dependence. 304. A Future State. — An American territory is looked upon as a future state, to be admitted to statehood as soon as it shall appear to Congress that the conditions will warrant it. Alaska, Hawaii, the Philippines and Porto Rico are under a territorial form of government. It is expected that the Philippines, like Cuba, will eventually be made independent under the protection of the United States. Each territory sends a delegate to the National House of Representatives who may speak upon any question which affects the particular territory he repre- sents, but cannot vote. The District of Columbia can hardly be called territory, but is simply a piece of land, which the whole nation will always own as a site for the national capital. Its laws are all made by Congress: the executive duties are discharged by three commission- ers appointed by the President, and confirmed by the Senate. It has a special system of courts, and none of the inhabitants may vote. 305. The Philippines. — The latest example of how the United States seeks to introduce a form of civil gov- ernment into new territory is found in the Philippines. After they had been reduced to order by the military, a commission of five members was appointed by the Presi- dent to act under the general instruction of the Secretary of War. This commission was instructed first, to organize local governments to correspond with those of our town- 199 TRAINING FOR CITIZENSHIP ships, villages, and cities; and second, to combine these subdivisions into larger ones like our counties. In the distribution of powers all that could properly be exercised by the smaller divisions were granted to them; powers of a more general nature were given fo the larger dis- tricts; and the superior government in the islands, after the manner of our states, deals only with those subjects that concern the people as a whole. In an unorganized territory the commission exercises all these general powers, — legislative, executive, and judicial. A primary school system was established, and the course of study is of such a character as should tend to fit the people for the duties of citizenship, and for the ordinary vocations of civilized life. Instruction was given at first in the lan- guage of the people ; but a full opportunity is now offered to all to acquire the English language. The citizens have no civic rights except such as Congress may choose to grant. 306. Definition of a State. — A state is a political com- munity, permanently residing within definite limits of ter- ritory, and exercising over -the people therein a humane control by means of self-imposed laws. The chief object of this community must be to deal with those subjects which are essentially political (18). This would exclude such organizations as the Massachusetts Bay Company, because its object was commercial. At least a part of the laws must be self-imposed, and there must be a central authority capable of enforcing them. This would leave out of consideration such a political division as a county, for all of its powers are derived, mediately or immediately, from a higher authority. The notion of control, unlimited to a certain extent, over a definitely described portion of the earth's surface, is so intimately associated with the 200 ONE OF THE UNITED STATES idea of a state as to exclude all nomadic tribes, no matter how civilized. The word " humane " must be construed liberally; but a community of cannibals would not under any circumstances be considered a state. 307. A Sovereign State. — When the laws which gov- ern the state are all self-imposed, it is then said to be sovereign, or independent. The United States is an ex- ample. Neither Vermont, Kansas, nor any of the indi- vidual states of the union is, or ever was, absolutely sovereign, because all the laws are not, nor ever were, self- imposed. When the Constitution of the United States was adopted (223), the people of each state gave to Congress the right to legislate upon certain classes of subjects, and thus united to form a new nation. Over their internal affairs the authority of the individual state is unrestricted ; but no one of them ever pretended to have a right to deal independently with foreign states, and to this extent at least they were not sovereign. 308. Boundaries. — Every state must have certain well- defined boundaries, within which its laws are supreme, and outside of which they cannot be enforced. Some- times these boundaries are natural, as a river, a mountain range, a chain of lakes, or the ocean. Often, however, two states are separated by an imaginary line fixed by the surveyor; but usually there is a combination of the artificial and the natural. Between European nations the boundaries are for the most part natural, while those between the several states of the Union combine both features, the artificial perhaps predominating between the newer ones. 309. Colonial Charters. — The early settlers of the thirteen 201 TRAINING FOR CITIZENSHIP original states derived their authority to exercise the powers of government from the colonial charters issued by the British government. Perhaps the most important of these was that granted to Massachusetts Bay by King Charles I ; for under it the people of that colony claimed and exercised for years the right to govern themselves. This charter gave power to the members of the company to choose annually from their own number a governor, deputy gov- ernor, and eighteen assistants. They could make laws for the government of the territory which they owned; but these laws must not conflict with those made by Parliament. 310. State Constitutions. — The constitutions of the several states are the offspring of the colonial charters. The fundamental law of every state is its constitution, which in America is really nothing but a law made directly by the people voting at the polls upon a draft submitted to them. Just as a resolution passed at a New England town meeting (81), upon a subject within the scope of its authority, is binding upon the people in the township and the officers, so the provisions of a constitu- tion, adopted by a vote of the people of the whole state, is binding upon all the inhabitants, including public officers. The people can adopt a new constitution or amend an old one when the subject has been properly submitted to them by the legislature. 311. Provisions of a Constitution. — The constitutions of most states may be readily classified into five divisions : — 1. The definition of the boundaries of the state. 2. The so-called Bill of Rights, which is an enumeration of the citizens' rights of personal liberty, personal security, private property, and religious behef and worship (4-10). 202 ONE OF THE UNITED STATES 3. The frame of government, i.e. the names, functions, and powers of executive officers, legislative bodies, and courts of justice. 4. Miscellaneous provisions relating to administration and law. 5. The schedule, which provides for submitting the draft of the constitution to the people, and for the transition from the con- dition of a territory to that of a state. 312. Interpretation of the Constitution. — If the ques- tion arises whether a state legislature can pass a law on a given subject, the presumption is that it can. This is always the case unless the power has been taken away by some provision in the constitution of the state or of the United States. But it must be shown that a provision for- bidding it actually exists. The constitution of the state is not a document conferring defined and specified powers on the legislature, but one regulating and limiting the un- limited power which it would otherwise possess. The power of the British Parhament has no bounds, for there is no written constitution to restrict it. Such, however, is not the case in this country. 313. Miscellaneous Provisions. — All the constitutions contain articles treating of schools, of the militia, of taxa- tion and revenue, of public debts, of local government, of state prisons and hospitals, of impeachment, and of the methods of amending the constitution. Among the pro- visions which are found in some constitutions, but not in others, are those regulating the salaries of officials, the carrying of concealed weapons, the teaching of white and colored children in the same school. We also find a pro- hibition of lotteries, of bribery, of the granting of liquor licenses, of usurious interest, and a declaration of the extent of the mechanic's lien. 203 TRAINING FOR CITIZENSHIP 314. The Initiative. — Among the latest additions to con- stitutional provisions are the initiative and referendum. The initiative is a method of forcing the legislature to submit to popular vote for adoption or rejection a draft of the law which a certain number of people desire to have enacted. Such a provision is found in the constitution of South Dakota, which provides that when five per cent of the voters shall petition for it, the legislature shall submit the question of adopting a law upon that subject to a popu- lar vote. If a majority shall decide in its favor, then the following legislature will simply act as a committee to pass a bill in harmony with the will of the people as previously expressed. 315. The Referendum. — This means referring the law passed by the legislature to the people for their ratification or rejection. This method provides that, before the acts passed by the legislature have gone into effect, upon peti- tion of a certain number of voters, an election shall be ordered so that the people may express their sentiments on any one or more of the laws passed by that session of the legislature. If a majority shall approve, the same shall remain as enacted ; if a disapproval be expressed to any one or more enactments, the same shall be considered dead, just as at present the governor or president may kill a bill by veto. A local option law, or a constitutional amendment submitted to the people, is an example of a referendum. 316. The Recall. — Election officers are usually removed by impeachment (97, 313), but another method is by the " Recall." When, for any reason, a large number of the voters desire the removal of a public officer, the law will sometimes permit them to file a petition containing the 204 ONE OF THE UNITED STATES charges with the proper officers, who will order a new election (262). The incumbent may himself be a candidate for reelection, and thus appeal to the electors for a vindica- tion. This is but an extension of the principle that an administrative officer, hke the sheriff (273), should have the right to appoint and remove his subordinates. Resources. — The revenue of the state is derived from the property of its subjects, and is collected by taxation (123). For its support and preservation all the prop- erty in the state is looked upon as belonging to all the people. In the seven years' war which Prussia waged against the combined forces of France, Austria, and Rus- sia, Frederick the Great used up half of the property in his kingdom, and destroyed the lives of thousands of his sub- jects ; but this was justifiable because the life of the king- dom was at stake. Ordinarily the rate of taxation which the government is obliged to levy for its support is very small, the larger portion of the annual tax being for local purposes. DEFINITIONS OF "UNITED STATES" 1. The corporate (76) name of the nation. The same as was provided in the Articles of Confederation. 2. The states united, referring to the several states composing the union. In this sense it excludes the territories. 3. The international sense, designating the extent of our do- main as a sovereign nation. This includes all our territory wherein no other nation has sovereignty, even such as may be under our control by temporary conquest. — Ex- Attorney Gener-\l Griggs ■05 TRAINING FOR CITIZENSHIP TOPICAL ANALYSIS 1. The terms upon which colonial governments ceded their lands to Congress. 2. The European idea of a colony. 3. The central idea of an American territory. 4. Form of government in the Philippines. 5. Definition of a state. 6. A sovereign state. 7. Boundaries: natural, artificial. 8. Colonial charters. 9. State constitutions. 10. Five parts to a constitution. 11. Interpretation of a constitution. 12. The initiative, referendum and recall. 13. The resources of a state. QUESTIONS AND EXERCISES 1. What subjects in a school course are best adapted to fit the people for the " ordinary avocations of life "? 2. Under what circumstances was West Virginia admitted as a state? 3. When was your state admitted to the union? 4. Give a short sketch of Frederick the Great. 5. Cite another instance where excessive taxation was justifiable. 6. What was the fate of Charles I of England? 7. From a tax receipt find the rate for state purposes. ' 8. Compare the constitution of your own state with that of some other, and find some provisions that are not common to both. 9. What one of the American states was organized upon the prin- ciple of a pure theocracy? 10. Mention five powers which the Constitution of the United States forbids the individual states to exercise. 206 ONE OF THE UNITED STATES 11. Debate the following question: — " Resolved that this state should adopt the initiative and refer- endum." 12. What peculiar meaning has the word " definition " in para- graph 311? 13. Read over the Bill of Rights in the constitution of this state. 207 XXVIIl THE EXECUTIVE DEPARTMENT 317. The Counties Combined. — Just as we may look upon the county as being composed of several townships united for local government and for judicial purposes (244), so we may consider the state as composed of several counties combined for general government and for judicial purposes. The objection to this view is that it turns our attention too strongly to the machinery by which the state (the whole people) administers the government. This machinery consists of the various officers acting according to certain laws which have been established for their guidance. 318. A Business Association. — We may also observe that, like a city, the state is both a political and a business association. It is its duty not only to protect the citizen in the enjoyment of his absolute rights (4), but to promote the general welfare. Universities are founded, charitable institutions are established, prisons are maintained, and sometimes the state even does its own printing, and carries on other business enterprises. All this requires a great amount of mone}^ to be expended in the payment of sal- aries, in the purchase of supplies, and in the disposing of the manufactured products. To conduct this business calls for constant oversight, which falls upon the executive de- partment (21). 208 THE EXECUTIVE DEPARTMENT 319. Local Agents of the State. — We must not commit the error of thinking that all the state's business is per- formed by state officers, for they are greatly assisted by the local officers. The township treasurer collects the state taxes, pays them over to the county treasurer, who in turn transmits them to the state treasurer. The county school superintendent receives the reports from the town- ship or district officers and forwards them to the state superintendent of public instruction. The election ma- chinery of the township and county is made use of in the choice of state officers, and thus it is that comparatively few separate state officials are required. 320. The Governor. — Although the governor of one of the states does not have as much power as does the gov- ernor of one of the territories (303), yet he is the most im- portant officer in it. The word "governor," by derivation, means the helmsman of a ship, and it is the duty of the chief executive to see that the " ship of state " sails safely on her course. The duties of a governor are civil, mili- tary, legislative, and judicial. 1 . Civil Executive. — As the chief civil officer the gov- ernor has a general authority given him to see that the business of the state is properly transacted by his subor- dinates. To aid him in this he may require information from any of the departments upon any subject relative to its respective duty. He appoints a large number of as- sistants, sometimes without, but generally withj the advice of the senate ; and he can remove even a township officer for a violation or neglect of duty, unless there be some other method provided by law. 2. Commander-in-chief of the Militia. — As commander- 209 TRAINING FOR CITIZENSHIP in-chief of the state militia, the governor appoints the superior officers, including those who serve on his staff ; reviews the troops; serves on the military board, and superintends the enlistment of men to fill the state quota as called for by the President in time of war. His power as military chieftain is often of great value in time of riots. 3. As Legislator. — As a member of the legislative de- partment it is the duty of the governor, at the beginning of each session and at such other times as he may deem advisable, to inform the legislature in a written message as to the condition of the state, and to recommend the passage of such laws as will further the general interests. After a bill has passed both houses, in all the states but four, the governor may prevent its becoming a law by a veto, unless both houses again pass the bill by a two-thirds vote. This power, exercised quite freely by some of the governors, often prevents the passage of a bad law, and always gives the legislature an opportunity for more care- ful consideration. 4. Judicial Duties. — As a judicial officer the governor may grant reprieves, commutations, and pardons for any offence except treason. He may also assist the courts in the arrest of persons charged with crime. By the Constitution of the United States (Art. IV, § 2), a fugitive from justice found in another state shall, upon the demand of the gov- ernor of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. If the act charged to have been committed be not considered a crime in the state where the one charged has taken refuge, the governor will sometimes refuse to honor the requisition. 210 THE EXECUTIVE DEPARTMENT In a similar manner, by means of treaties negotiated by the United States, fugitives from justice may be arrested in foreign countries. 321. Qualifications of Governor., — All the states require that the governor shall be a citizen of the United States, and a resident of the state for a certain number of years, generally five, next preceding his election. In California he must be at least twenty-five years old, and elsewhere the minimum is usually fixed at thirty. He can hold no other office in his own state while he is governor, nor any under the United States. All his official acts, except his signature to the acts of the legislature, must bear the im- press of the great seal of the state. The governor's salary ranges from ^1000 in Rhode Island to ^10,000 in New York, and the term of office varies from one to four years. 322. The Lieutenant Governor. — In case of the removal of the governor from office by impeachment or death, or when he is unable to attend to the duties of the office, or is absent from the state, in all but eleven of the states the powers of the chief executive devolve upon the lieutenant governor. In most of the states this officer acts as presi- dent of the senate. In committee of the whole he may debate all questions ; and when there is an equal division in the senate, he may give the casting vote. In case both the governor and the lieutenant governor are disquali- fied, the president pro tempore of the senate acts as governor. 323. Removal from Office. — For corrupt conduct in office, or for crimes and misdemeanors, the governor or the lieutenant governor may be impeached. The court 21 1 TRAINING FOR CITIZENSHIP before which the case is tried is the senate. A committee is appointed by the house of representatives to prosecute the case, and both this committee and the accused are en- titled to counsel. Two-thirds of all the senators must con- cur before a conviction can be secured. The judgment of the senate extends only to removal from office, after which criminal proceedings may be begun before a proper court. The senate here acts as a court with power to send for persons or papers, and the secretary of state is the clerk. TOPICAL ANALYSIS 1. The state viewed : — (i) As a combination of counties. (2) As a cooperative business association. 2. The assistance rendered by local officers. 3. The governor as : — (i) Chief civil officer. (2) Commander-in-chief of the militia. (3) Legislator. (4) Judicial officer. 4. Qualifications for governor. 5. The lieutenant governor. 6. Impeachment. QUESTIONS AND EXERCISES 1. Make a list of the powers granted to the governor in the con- stitution of your state. 2. As a judicial officer ought the governor to act in connection with a board of pardons ? 3. Was a governor ever tried in this state by the senate sitting as a court of impeachment ? 212 AIDS TO THE EXECUTIVE 4. How can a constable be removed from office in this state? 5. What is the difference between a reprieve and a pardon? 6. What is a " pocket veto " ? 7. If one governor should refuse to deliver a person charged with crime to the officers presenting proper requisition papers, what could be done about it? 8. What officers constitute the governor's staff in this state? 9. Could a man bom in England be governor of this state? 10. In what way must a governor communicate his views to the legislature? 11. Mention some coimtry with which the United States does not have an extradition treaty. 12. Has the council of governors of the States of the Union justified its existence? 13. A governor of New York held that he might propose legisla- tion, but must not actively influence it. A governor of New Jersey took the opposite view and secured the passage of important laws= Which course do you approve? 14. Would there be any objection to the reading by the governor in person of his message to the legislature? 15. Distinguish between impeachment and the recall. Which is the better way to remove a pubUc officer? 2T3 XXIX AIDS TO THE EXECUTIVE 324. Number of Departments. — While the executive department, strictly speaking, consists of the governor, or some one acting in his stead, yet there are certain officers so closely connected with him in an official capac- ity that they are commonly thought of as forming a part of it. Several of these are always specified in the state constitution, and are elected by popular vote ; but often the legislature has power to add others, who are usually appointed by the governor with the consent of the senate. Each officer has a deputy, and there are numerous clerks to render such assistance as is necessary. These officers are very useful to the members of the legislature, by reason of the information which they are able to give of the work- ing of the state government. 325. The Secretary of State. — Next in importance to the lieutenant governor comes the secretary of state. It is in his office that the great seal is kept, an impression of which is necessary to the validity of all the official acts of the governor ; here the original copies of the acts of the legislature are deposited, and here the reports of all corporations doing business in the state are filed, and also duplicate reports of justices of the peace and sheriffs to the county clerks. The secretary of state supervises the taking of the state census, issues patents for state lands, 214 AIDS TO THE EXECUTIVE and approves of the bonds of certain officers. He notifies the sheriffs when any state officers are to be elected, or when amendments to the state constitution are to be sub- mitted to the people ; and he furnishes the proper blanks for the election returns. This officer bears the same rela- tion to the state government that the county clerk does to the county government (274), and on the judicial side he is clerk of the court of impeachment. 326. The State Treasurer. — The state treasurer is the receiving officer and the custodian of the state funds. The state taxes collected by the county or township tax col- lectors are payable to him. He is authorized to deposit the money with banks giving sufficient security ; but any interest derived from its use belongs to the state. No money can be paid out by him, except upon a warrant signed and countersigned by those duly authorized. He is the state sealer of weights and measures. He must give a bond for the faithful performance of his duties, and must make an annual report to the governor. 327. The Auditor General. — The auditor general settles certain claims against the state, and draws his warrant therefor upon the state treasurer; examines, adjusts, and settles claims in favor of the state, and examines the accounts of the state treasurer each month. He receives and files plots of towns, cities, and villages ; approves the bonds of county treasurers, and of certain other officers ; makes a final report to the governor, and is a member of certain boards. He apportions the state tax, and notifies the clerk of each county of the amount due the state from his county. He has charge of the sale of delinquent lands for taxes, and executes deeds to purchasers. 215 TRAINING FOR CITIZENSHIP 328. The Attorney General. — The attorney general is the chief law officer of the state. He is required to prose- cute or defend all actions in the supreme court in which the state shall be interested ; and when a proper request is made, he appears either in person, or by deputy, for the people before any court or tribunal in any matter, civil or criminal, in which the state, or any department thereof, is interested. He is the legal advisor of each county or district attorney, and may be called upon to give an opinion to the various state boards, or to state officers. 329. The Superintendent of Public Instruction. — This officer has general supervision of the schools of the state. He apportions the primary school interest fund, and all other funds that may come into the hands of the state treasurer for general school purposes, to each county ; gives information to school officers upon the meaning of the state school law ; prepares and furnishes blanks for school reports, and may require reports from city and county schools and from chartered educational institutions. The questions for the county examinations of teachers and pupils are usually prepared in his office ; and he is a mem- ber of the state board of education, whose duty it is to hold examinations and grant certificates authorizing the holders to teach in any portion of the state. He super- vises teachers' institutes, publishes the school laws, and makes an annual report to the governor. 330. Commissioner of Insurance. — One of the most important of the administrative departments in very many of the states is that of insurance, which is under the charge of a commissioner. Upon the formation of a new company it is the duty of a commissioner to examine the 216 AIDS TO THE EXECUTIVE articles of incorporation to see if they conform to the laws of the state ; to make frequent examination of the affairs of the companies to see if they are solvent, and, if they are not solvent, or if they are doing business in an illegal manner, to take away their charter. In case of insurance companies organized according to the laws of some other state or country, he must require annual reports ; he may also inquire into their condition, and if he does not deem the showing a safe one, he may refuse to issue a license. Every one who carries an insurance policy, either upon his life or upon his property, is greatly interested in having the duties of this office carefully performed. 331. The Railroad Commissioner. — Another very im- portant branch of business which appeals to a very large number of people in the state is that of the railroads. The amount of capital invested is enormous, the number of employees is very great, and in the course of a year a majority of the citizens ride upon the cars. Besides immense quantities of freight are transported. It is, therefore, very desirable that there should be some officer designated by law to exercise a general oversight. This is done by the commissioner of railroads, whose duty it is to receive their reports, inspect their tracks, bridges, buildings, and other structures so as to know that they are in a safe condition ; to report all accidents resulting in the loss of life, and to investigate the same ; to regulate the speed of trains, and to see that proper danger signals are maintained at street crossings and elsewhere. He also computes the amount of taxes that the companies must pay, and reports the same to the auditor general. 332. Administrative Boards. — In every state there are 217 TRAINING FOR CITIZENSHIP certain boards, created either by the constitution or by statute, to each of which important interests are confided. Among these are the state board of convassers, to canvass the election returns from the various counties in so far as they pertain to the election of state officers, or to the adoption or rejection of constitutional amendments; the board of health, which may even declare a quarantine against travellers or freight from another state (lOo); and the board of equalization, which fixes the valuation of the counties, of the railroads, and sometimes of mining and other corporations as a basis for the assessment of state taxes. Besides these, the various state educational and reformatory institutions are usually controlled by sepa- rate boards. There is a board of pardons, which makes recommendations to the governor when convicted crim- inals apply to be released. Membership in these boards is obtained ex officio, by popular vote, or by appointment from the governor, with the consent of the senate. In Massachusetts and New York, government by administra- tive boards is much favored, and its popularity is growing in other states. 333. The Militia. — Just as the sheriff may call out all the citizens between the ages of fifteen and forty-five to preserve the peace of the county (272), so the governor may place under arms all the citizens between these ages to preserve the peace in any portion of the state. The former is called the " power of the county," the latter the "enrolled militia," which is armed and equipped at the expense of the state. At stated periods, usually once each year, the active militia goes into camp, and is drilled for a few days in accordance with the tactics of the United 218 AIDS TO THE EXECUTIVE States army. The soldiers receive free transportation and pay during the encampment. The companies belonging to the several regiments are located in different parts of the state, the members are residents, meet for drill gen- erally once each week, and are exempt from service on a jury (176). The state militia is governed by the state military board, of which the governor is a member ex officio. This body of troops forms a part of the National Guard, and can be called upon by the President to go into any part of the Union ; but no member is obhged to go outside of the United States unless he chooses to volunteer in the regular army. 334. The State Library. — At the capital is found the library, which, in the older states, is a very valuable collec- tion of books. Its main use is for reference, and if you wish to consult any work upon history, law, or science, you can usually find it here. In the law department there are text-books upon all subjects, as well as the reports of the decisions of the supreme courts of the individual states, of the United States, and also of some foreign countries. In connection with the state library some states main- tain a system of travelling libraries. These are sent into different parts of the state when the proper officer calls for them, to be returned after a certain length of time, when they can be replaced by another set of books. This library is under the charge of a librarian, who is usually appointed by the governor and confirmed by the senate. As the office is one which requires special knowledge and skill, the question of politics has little to do with the appointment. 219 TRAINING FOR CITIZENSHIP TOPICAL ANALYSIS 1. Number of executive departments; other administrative departments. 2. The secretary of state. 3. The state treasurer. 4. The auditor general. 5. The attorney general. 6. The superintendent of public instruction. 7. The commissioner of insurance. 8. The railroad commissioner. 9. Administrative boards. 10. The militia. 1 1 . The state Hbrary. QUESTIONS AND EXERCISES 1. Mention five steps in the election of state officers. 2. How many terms can the state treasurer hold his oflice? 3. What salary does the governor of your state receive? 4. Why should a state officer be paid only a moderate salary? 5. In what manner does the board of health, or the chief health oflScer, in a state assist the local boards? 6. What is the difference between a prison and a reformatory? 7. How does old line insurance differ from mutual benefit? 8. What pay does a member of the militia receive? 9. Make a list of the different school officers in this state, and give briefly the duties of each. 10. Give the names and locations of the various educational insti- tutions which are supported in whole or in part by state tax. 11. Is military drill in the public schools desirable? 12. Compare the use of the state library with that of other accessible libraries. 220 XXX THE LEGISLATIVE DEPARTMENT 335. Bicameral. — The law-making department in every state but one is called the legislature. In Massachusetts it is called the general court. In every state the legis- lature consists of two bodies, the smaller being termed the senate. Generally the larger branch is named the house of representatives, but in New York it is the assembly, and in West Virginia it is styled the house of delegates. In six states the legislature meets annually ; elsewhere, biennially, except in Alabama, once in four years. The number of members composing each branch varies, Delaware having the smallest senate with seventeen mem- bers, and Illinois the largest with fifty-one. Delaware also has the smallest house of representatives, thirty-four members, while New Hampshire has three hundred and ninety-three, which is the largest. The New York houses number fifty and one hundred and fifty, respectively; those of Massachusetts, forty and two hundred and forty ; and those of Michigan, thirty-two and one hundred. A quorum consists of enough members to do business, the number beiag fixed by the constitution of the state. It is always provided, however, that a smaller number may meet and adjourn. 221 TRAINING FOR CITIZENSHIP 336. The Membership. — Both senators and representa- tives are elected from districts having as nearly an equal population as may be, the form of the district being deter- mined by the legislature acting as required by the consti- tution. The number of inhabitants in the state is divided by the number of representatives to form a representative district, and by the number of senators to form a senatorial district. The quotient in each case is called the ratio of representation (261). In some states the districts are re- arranged after the taking of each United States census ; but in others, not. A senator is usually chosen for a longer term than is a representative. In the majority of the states he sits for four years ; in New Jersey for three ; and in Rhode Island for one. Representatives usually hold their offices for one session of the legislature, whether that be for one year or for two. In most cases the senators do not go out of office at the same time, a portion of them being elected at regular intervals. This is not the plan with members of the house. In some states the age at which a man is eligible to the senate is higher than for a representative ; and in Dela- ware a senator must be a freeholder (129). Members of Congress and United States officials cannot serve in either house, nor as a rule can women ; but in Colorado, Utah, and in some other of the Western states they may. In some states clergymen are not allowed to sit; while in every state, either by statute or custom, a residence in the dis- trict is required. No member of either the senate or the house can receive any appointment from the governor, or from any other state authority ; nor may he be interested 222 THE LEGISLATIVE DEPARTMENT in any contract with the state. Both senators and repre- sentatives are chosen by popular vote. 337. The Senate. — The origin of the senate is to be found in the governor's council of colonial times. It answered to the House of Lords except in being a representative and not a hereditary body. It was supposed to repre- sent more especially that portion of the community which was possessed of most wealth and consideration. At the close of the Revolution a higher property qualification was required than for members of the lower house. In some states they were chosen by the people, in others by the lower house, and in Maryland by a college of electors. The plan of dividing the legislature into two branches is a good one : the laws are thus more carefully made. The senate, being the smaller body, can transact its business more deliberately than can the more numerous member- ship of the house. Where the senators have a longer term of office than do the representatives, the temptation to yield to popular clamor for the sake of gaining votes is not so great, and thus many bad bills are killed. The senate elects a president pro tempore, who presides in the absence of the lieutenant governor. As a rule any one may listen to the proceedings ; but if the public interests require it, an executive session may be held from which all but the members and officers are excluded. The senate also acts as a court in the case of the trial of a state officer by im- peachment (323). The senate is the judge of the election and qualifications of its own members, and may admit, reject, or expel a member if it sees fit. 338. The House of Representatives. — The presiding officer of the house, who is chosen by the members from •223 TRAINING FOR CITIZENSHIP among their number, is called the speaker. This position is an honorable one, and although ordinarily the speaker receives no more for his services than does any other mem- ber, yet it is much sought after. Because of his right to appoint the committees, and to recognize any one he chooses to address the house, the speaker can do much toward shaping the character of the legislation. Like the senate, the house selects its own subordinate officers, among which is a speaker /r^ tempore^ judges of the quali- fications and election of its own members, and has charge of the prosecution before the senate in all impeachment cases. Senators and representatives cannot be arrested on a civil warrant (179) during the session of the legislature; but they are subject to arrest on a criminal complaint. Members of neither house can be held accountable for anything said in debate. 339. Session. — In most of the states the length of the session is restricted to a certain number of days, the lowest being forty in Colorado and Nebraska, and the highest, one hundred and fifty days in Pennsylvania; but in this state the members receive pay for only one hundred days. In other states the limit is fixed at forty-five, fifty sixty, seventy, and ninety days, the tendency in the newer states being in favor of short sessions. In several states there is no limit fixed by the constitution, but even here the length of the session is practically determined by custom and pub- lic sentiment. In all the states both senators and represen- tatives are paid for their services, the amount varying from $\ per day and eight cents per mile in Rhode Island to ^1500 per year and ten cents per mile in New York. 340. Committees. — A large part of the business in 224 THE LEGISLATIVE DEPARTMENT both the senate and house is done by committees. When a bill is introduced it is usually referred to some com- mittee, where it is supposed to receive careful con- sideration. After a time the bill is reported to the main body with or without recommendation. If the committee recommends that the bill "do pass," the chances are that it will pass ; but even if the report be unfavorable, pro- vided a strong minority is in favor of it, there is still some hope. A populous and wealthy state has need of a large number of committees ; but the most important are those on ''state affairs," "ways and means," and "judiciary." It is considered a high honor to be given the chairman- ship of one of these committees. In order to become acquainted with their needs, and with the manner of con- ducting them, the committees on state institutions visit them one or more times during each session, and some- times the whole legislature visits the more important ones in a body. When the expense of such a visit is not met by the individual member, it is called a junket. 341. From a Bill to a Law. — A bill is the form or draft of a law presented to a legislative body for its considera- tion. The course which a bill must take after its intro- duction by some member is somewhat as follows : The bill is first read by its title. This means that the clerk of the house or senate will announce the title of the bill, after which the presiding officer will say " First reading of the bill." The clerk will then announce the title of the bill a second time, and the presiding officer will say " Second reading of the bill," and then immediately refer it to some committee. After the committee has considered the bill, and has reported favorably, it will be placed upon 225 TRAINING FOR CITIZENSHIP the calendar. If the report be unfavorable, it may still be placed upon the calendar by a majority vote of the house. The bill will now be printed so that each member may have an opportunity to read it ; but nothing further will be done until it is reached in its regular order. If, how- ever, the measure be a very important one, it may be taken out of its regular order and given immediate con- sideration. At the time designated, the bill is discussed in the "committee of the whole," i.e. in the presence of the whole house or of a quorum. Any member may now support or oppose the measure, or he may offer amend- ments. This ordeal is a very necessary one, for otherwise some very objectionable laws might be enacted, or some very serious defects escape detection. The bill, if it originated in the house, would now go to the senate, where it would pass through the same course, and vice versa. It would now have to run the gauntlet of the governor's veto. After all this criticism it is not very often that a very bad bill becomes a law ; but this some- times happens, and then a subsequent legislature must repeal it, unless the Supreme Court should declare it to be unconstitutional. Unless the law be given immediate effect by both the senate and the house, it does not go into actual force until a certain number of days after the legislature has adjourned. 342. Public Acts. — If you were to write to the secre- tary of one of our more populous states for a copy of all the acts passed at any one session of the legislature, he would probably send them to you in two volumes, one labelled '' PubHc Acts," and the other, " Local Acts." 1/ 226 THE LEGISLATIVE DEPARTMENT now you were to examine the former volume, you would find that the laws contained are of two classes: (i) those which deal with the relations between the individual mem- bers of organized society ; and (2) with those which exist between organized society and its individual members (160). Of the former class are the laws affecting con- tracts, m_echanic's liens, transfers of property, or the em- ployment of persons in stores and factories. Not many changes in laws of this kind occur during any one session. To the second class belong laws relating to taxation, the speed of trains, the proceedings of courts, the incorpora- tion of insurance companies, and to the formation and government of the militia. The majority of the public acts belong to the second class. 343. Local Acts. — Local acts are such as refer to a single locality, or to a particular individual or corporation. The power of a state legislature to pass local acts is un- limited, unless restricted by the provisions of the state constitution. In the constitutions of the newer states this power is greatly restricted, Montana confining it to thirty enumerated subjects. Local acts have for their purpose to detach territory from one township and attach it to another ; to incorporate a particular village, city, or school district ; or to pay a claim against the state which could not be collected at law. All public acts are carefully scrutinized by the legislature, generally also by the news- papers, and all the members take an interest in them. But the local bills are considered to be under the charge of the member from the particular district affected, and unless special efforts are made by the residents of that locality, he can usually have them passed or not as he see? 227 TRAINING FOR CITIZENSHIP fit. In many instances the privileges conferred by these special bills are very valuable, and it is in connection with them that most charges of corruption are made. 344. The Lobby. — In order to secure or to prevent the passage of local acts, and sometimes of public acts, great influence is often brought to bear upon the legislature. The term ''lobby," sometimes also called the "third house," is applied to persons, not being members of the legislature, who seek to influence the members, and thus secure the passage of laws. The term may be used in a good sense or in a bad. It is not only right but praise- worthy for those who are interested in a particular bill to give the benefit of all their knowledge concerning the circumstances to the legislators who must vote upon it ; but, on the other hand, to seek to influence them by the use of money, or in any other way than by fair arguments, is a crime. 345. Constitutional Limitations. — A state legislature has the power to pass any kind of a law for the regulation and control of the person or property of the subjects of that state, except in so far as that power is limited by the constitution of that state (312) or by the Constitution of the United States. The Constitution of the United States expressly denies to the states the right, among other things, to coin money ; to make anything but gold and sil- ver coin a tender in payment of debts ; to pass an ex post facto law, or a law impairing the obligation of contracts, or to grant any title of nobility. No state can, without the consent of Congress, keep troops or ships of war in times of peace, but this does not refer to the militia. No state can, without the consent of Congress, enter into any 228 THE LEGISLATIVE DEPARTMENT agreement with another state or with a foreign power; or engage in war, unless actually invaded, or in such immi- nent danger as will not admit of delay. There are certain other subjects upon which both a legislature and Congress may pass laws ; but when the latter has exercised the right, any conflicting law passed by the former is void. An example of the last class is the bankruptcy law, or those relating to naturalization. (Const. U.S. Art. I, § 8, 9, 10.) TOPICAL ANALYSIS 1. The division of the legislature into two houses; the num- ber of members. 2. Senatorial and representative districts; length of terms; qualifications for membership. 3. The senate ; advantages of having two houses. 4. The house of representatives ; the speaker. 5. Limiting the length of the sessions. 6. The committees ; the junket. 7. How a bill becomes a law ; the committee of the whole. 8. Two kinds of public acts. 9. Local acts ; dangers which arise from them. 10. The lobby; right and wrong use of influence. 11. Powers of state legislatures limited in two directions. QUESTIONS AND EXERCISES 1. Should the speaker of the house be elected by popular vote? 2. Bills are sometimes said to be passed by "log-rolling." What does this mean? 3. What advantage does the bankrupt law hold out to the man who is unable to pay his debts? 4. Give an example of an ex post facto law. 5. What advantage can you think of in reading a bill twice by its title? 229 TRAINING FOR CITIZENSHIP 6. Organize the class into a committee of the whole and discuss the following question: — " Resolved that the state should print its school text-books." 7. Is the present tendency toward short sessions of the legisla- lature a good one? 8. Organize your school into a senate; frame and grant a charter to a literary society. 9. Who is the representative in the state legislature from this district? Who is the senator? 10. How is the recent change in the method of electing United States senators likely to affect the character of that body? 11. Is the criticism implied in the words " too much legislation " well founded? 230 XXXI THE JUDICIAL DEPARTMENT 346. Purpose of the Courts. — One of the three depart- ments into which every state government is divided is the judicial. When the legislature passes a law, difficulties are likely to arise in carrying out its provisions ; for some of its requirements may not be clearly expressed, or they may be forbidden by the constitution. Nevertheless it is the duty of the administrative officers to attempt to execute the law in accordance with what shall appear to them to be a fair and reasonable interpretation of its meaning. If any officer is in doubt as to the course he should pursue he may seek the advice of the duly constituted legal authority ; and when he has taken the proper precautions he will be protected if he makes a mistake. If, however, the one whose property has been seized, or who has been arrested, thinks the action of the officer unauthorized, he may ap- peal to the courts to have his property restored, or himself released. The judicial department was estabhshed for the express purpose of interpreting the laws (21), and to apply them to particular cases as they arise. 347. The Judicial System. — An examination of the system of courts as found in any one of our states will show a careful classification, and a regular gradation from the lowest to the highest. These courts are so classified 231 TRAINING FOR CITIZENSHIP that, as the scope of the jurisdiction increases step by step, the number of the courts in each class decreases, and each class is made subordinate to the next higher. This subordination is to secure the right of appeal, whereby a party to an action, if he thinks an injustice has been done him, may have his case retried in a higher court. This is very important, for it will not be permitted that any man shall lose life, liberty, or property by reason of the unsup- ported decision of any one court. However, in appealing a case, certain conditions are prescribed, the result of which is that the number of cases actually tried decreases rapidly from one class of courts to another, until in the highest courts they are comparatively few. One of the most important of these deterrent conditions is the pay- ment of costs. The party who appeals in a civil case, called the appellant, must not only pay the costs incurred in the court below, but he must give a bond as security for costs in the court above. Just as the township business is transacted by the township officers, so it is intended that the trifling disputes which arise between neighbors and the petty offences against the public shall be settled by local magistrates. 348. The Subordinate Courts. — The number of classes of courts in the different states will vary ; but there will always be three, and generally a greater number. The following is a classification in the order of their rank : — I. The Justice' s Court. — In every state the court lowest in rank is that of the justice of the peace. Each state has hundreds of these courts, and some states thousands of them. The object is to make them so plentiful as to bring justice home to every man's door. In this court the civil 232 THE JUDICIAL DEPARTMENT jurisdiction is confined to cases where the debt or damage does not exceed ;^300, and in criminal cases to misde- meanors. As to the higher crimes, the justice is simply a committing magistrate. It is not ordinarily considered necessary that a justice of the peace should be a lawyer. An appeal lies from this court to the circuit or district court (185). 2. Probate Courts. — Next in number and in rank come the probate courts, for every county has one. In Con- necticut the state is divided into a large number of probate districts, some of which include only a single town. They do not always bear the name " probate " ; but to some county court is intrusted the care of the estates of de- ceased persons, and of minors left without parents, of the incompetent, and of the insane. Sometimes the probate judge is given civil and criminal jurisdiction to a limited extent ; in the newer states and territories he is often the county superintendent of schools ; and occasionally other duties are imposed upon him. Appeals lie to the circuit or district court. Lawyers are usually selected for this office, but not always. 3. County Courts. — In those states where the county is the unit (245), it is common to find a county court with a somewhat wider jurisdiction than that of the justice's court, but inferior to that confided to the circuit or district courts. In Florida there is a distinction between the county court and the county judge's court, the writs or commands (179, 181) of the former being good in all parts of the state, while those of the latter are confined to the county. An appeal lies to the circuit. These courts have in Florida jurisdiction of probate matters. 233 TRAINING FOR CITIZENSHIP 4. Mtmicipal Courts. — In all the larger cities, and some- times in the smaller ones, a separate court (240) is main- tained for the trial of offences arising within the city, whether for a violation of the criminal laws of the state or of the city ordinances (237). In some states there is also a municipal court invested with powers for the trial of civil cases similar in extent to those granted to the circuit or district courts, and from which an appeal lies directly to the supreme court. 5. Circuit Courts. — Just as in New England the county consists of a number of townships united for judicial pur- poses (244), so in the less populous states several counties are united for judicial purposes. As sessions of court are held at each county seat by a judge who is obliged to make the circuit of his district at least twice each year, he bears the title of circuit or district judge. Small cases cannot be commenced in these courts ; but sometimes they may be brought there by appeal. Jurisdiction in civil cases extends to the highest amounts, and in criminal cases it in- cludes the highest crimes. As the population and volume of business increases new courts are formed, until, by suc- cessive reductions, the circuit may consist of but one county. In the larger cities several judges are associated to transact the business of this court. Appeals lie directly to the Supreme Court. 349. The Supreme Court. — In every state in the Union there is a court of last resort from whose decision there is no appeal, unless it involves a point of federal law. In nearly every state this is called the " Supreme Court " ; but in New York it is styled the " Court of Appeals," the Supreme Court occupying an intermediate place between 234 THE JUDICIAL DEPARTMENT the circuit and the court of last resort. In New Jersey it is called the " Court of Errors and Appeals," and in Ken- tucky the " Superior Court." Louisiana has a Court of Appeals below the Supreme Court ; Texas has two supreme courts, one for civil and one for criminal business. The province of the highest court is to decide questions of law, questions of fact being left to the petit jury (285), and hence its jurisdiction is chiefly appellate. All the proceedings in the court below are printed, including at least a part of the testimony. If the case be of sufficient importance, the attorneys have the right to make oral argu- ments ; but if the amount involved be small, the case must be submitted on briefs. These " briefs " are short state- ments of such facts as the attorney thinks important, with references to decisions bearing upon the disputed points. The Supreme Court has original jurisdiction to issue writs of mafidaniiLS (289), quo warranto, habeas corpus (220), and prohibition for the purpose of enforcing its appellate powers. By means of the quo zvarranto the court can de- termine the right by which a person holds an office ; the habeas corpus will deliver a person from custody ; the man- damus will compel obedience to the orders of the court; and the writ of prohibition will prevent a threatened injury. 350. Supervisory Powers. — The Supreme Court not only makes all the rules in accordance with which all business before it must be transacted, but it also regulates the method of procedure in all the lower courts. It exercises direct control in each particular case by the decision which it renders, and in a general way by passing rules for the guidance of the court below, and which they must obey Tn an indirect manner every decision rendered by the Su- . 23^- TRAINING FOR CITIZENSHIP preme Court is a rule which every lower court must follow under like circumstances. For convenience of reference these decisions are printed, issued from time to time in book form, and a set of these books forms an indispensable part of the library of every judge and of every practising attorney in the state. 351. The Supreme Judges. — A supreme judge must necessarily be a lawyer, and it is very rare that one who has not had a wide experience, and has not attained a high standing in his profession, is even nominated for the position. In the various states the number of judges constituting the Supreme Court ranges from three to nine, and the term of office is from two years in Vermont to life in Massachusetts. In Pennsylvania the term is for twenty- one years, and in New Hampshire it is until the judge reaches the age of seventy. In the majority of the states the judges are elected by the people ; in several they are appointed by the governor and senate or council ; and in six they are elected by the legislature. The salary ranges from ^2000 to ^8500, and no judge is allowed to practise his profession or to receive a fee. The position of supreme judge is one of great dignity and honor, and even the very best lawyers will take it, although at a sacrifice from a money standpoint. 352. Supreme Court Officers. — The administrative offi- cers of this court are the reporter, the court crier, and the clerk. Next to the judge the most important officer is the reporter. It is his duty to superintend the publication of the decisions of the court, which he often annotates, i.e. by means of notes upon the margin he refers to former decisions by the court in which the same principles have 236 THE JUDICIAL DEPARTMENT been considered. The duties of the clerk of this court correspond with those of the clerk of the circuit courts (293). It is the duty of the court crier to preserve order in the court room. He also announces the entrance of the judges, and when he raps upon his desk, every person in the court room rises as a mark of respect, and remains standing until the judges are seated. 353. Courts of Other States. — The Constitution of the United States provides that " Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state." (Const. U.S., Art. IV, § I.) This does not mean that the laws enacted by one state legislature, or the public records kept by the administrative officers, or the decisions of its courts, necessarily have any force or effect in another state ; for every state possesses exclusive jurisdiction and sovereignty over persons and prop- erty within its territory. It does mean, however, that when the courts of a sister state shall have jurisdiction, and shall have exercised it, then the orders of the court will be enforced in the other states of the Union in accordance with the laws of the state to which the court issuing them belongs. Thus, if a citizen of Florida should make a will disposing of personal property situated in Michigan, and die, the will must first be probated in Florida, and then the Michigan courts will distribute the property according to the Florida laws. But if the testator was a resident of Michigan at the time of his death, the Florida court would have no jurisdiction over that particular property, and it would be distributed according to the Michigan law. For the records kept by a public officer in one state to be received in evidence in the courts of another state they 237 TRAINING FOR CITIZENSHIP must be properly proven. The decisions of the Supreme Court of one state have no binding force whatever outside the boundaries of that state ; but they are carefully read by the judge of any state court for the suggestions they may contain. TOPICAL ANALYSIS 1. Purpose of the courts ; guide to administrative officers. 2. The judicial system of the state ; classification of courts. 3. Courts subordinate to the Supreme Court : — (i) The justice's court. (2) Probate courts. (3) County courts. (4) Municipal courts. (5) Circuit or district courts. 4. The Supreme Court — appellate and original jurisdiction. 5. Supervisory powers of the Supreme Court. 6. The judges of the Supreme Court, — qualifications, salary, term of office, election, or appointment. 7. The ministerial officers of the Supreme Court. 8. Interstate relations as to their courts. QUESTIONS AND EXERCISES 1. If in doubt, what legal authority should an officer consult be- fore making an arrest? 2. Is it better to have the judges appointed by the governor and senate, or elected by the people? 3. What is meant by " court law " ? 4. What is " comity " ? 5. Hov/ many judges constitute the Supreme Court in this state ? 6. Mention all the different courts in your county. 7. If you should wish to bring suit in the circuit court in this state, how large must the amount be ? 8. If a man should insist upon holding an office after his term had expired, how could he be dispossessed ? 9. What is the meaning of the word " domicil " ? 10. What does the expression ''Reynolds ks. Adams, 90 111. 149" mean ? 238 Part V The National Government Chapter XXXII. The Founding of the Nation Chapter XXXIII. The National Executive Chapter XXXIV. Aids to the National Executive Chapter XXXV. Domestic and Foreign Relations Chapter XXXVI. The National Legislature Chapter XXXVII. The National Judiciary Chapter XXXVIII. Modern Tendencies. XXXII THE FOUNDING OF THE NATION "Thou, too, sail on, O Ship of State! Sail on, O Union, strong and great ! Humanity with all its fears, With all its hopes of future years. Is hanging breathless on thy fate ! " — Longfellow. 354. From Colony to State. — When the Revolutionary War broke out the colonists had no thought of changing their dependent governments into independent states. Even after the battles of Concord and Lexington they desired nothing so much as to become friends with the king. But the king, by calling them rebels, by forbid- ding foreign nations to trade with them (302), and by employing the Hessians to subdue them, had rendered reconciliation impossible. By the spring of 1776 all the governors of the thirteen colonies had either fled or been thrown into prison. This put an end to colonial govern- ment, and Congress, seeing that efforts to obtain their rights by peaceful means were in vain, on May 15, 1776, resolved that it was " necessary to suppress every kind of authority under the crown," asked the colonies to form governments of their own, and thus to become states 241 TRAINING FOR CITIZENSHIP This advice they followed, elected officers, adopted con- stitutions, and thus threw off all their allegiance to Great Britain. They did not, indeed, become sovereign states, because they neither exercised nor claimed the right to treat with foreign nations, nor to carry on war (307); but as to everything that pertains to the management of their local affairs, they then became, and have ever since re- mained, free and independent. 355. Colonial Unions. — The weakness of each individ- ual colony, and the distance of the whole of them from the mother country, made it very desirable that they should unite for mutual assistance. There was one union of four colonies, one attempted union, and then all united. These colonial unions and attempted unions were as follows : — 1. TJie New England Confederation. — In 1643 Ply- mouth, Massachusetts Bay, Connecticut, and New Haven united for defence against the Indians, and to assist masters to recover runaway apprentices and slaves. It lasted about forty years. 2. The Alba7iy Plan of Union. — In 1754 a convention, to which seven of the colonies sent delegates, met at Albany, New York, to make a treaty with the Indians. To this convention Franklin submitted a plan for a union of all the colonies under the government of a president to be appointed and supported by the king, the legislative body to consist of a council to be chosen by the colonial assemblies. This plan was rejected by the colonies on the ground that it gave too much power to the king ; and by the king because it gave too much power to the people. 3. The Continental Union. — The twenty years follow- ing 1754 were filled in America with great events of a 242 THE FOUNDING OF THE NATION military and political nature, and from which the colonists became convinced of three things : — (i) That American troops, when led by a competent American general, could win victories even over regulars. Moreover, the French and Indian wars had revealed the general. (2) That the king was determined to destroy in America the right of local self-government, which the colonists had always enjoyed. The course pursued by the king aroused a spirit of hostility which extended to every colony, and which demanded that such defensive measures should be taken as would render their liberties absolutely secure. (3) That success in their undertaking could be won only by united action. In the language of South Carolina, " The whole country must be animated with one great soul, and all Americans must stand by one another, even unto death." Fortunately there were at hand some great political leaders, whose constructive statesmanship could devise a form of government able to preserve those liber- ties after they had been won (227). 356. The Continental Congress (1774-1781). — The first American or Continental Congress met in Philadelphia, September 5, 1774, and remained in session about fifty days. It might more properly be called a convention than a congress ; for it did not attempt to exercise any of the powers of government, but contented itself with issuing a declaration of rights, and with making some very im- portant recommendations to the colonial assemblies. The second Continental Congress met at Philadelphia, May 10, 1775, and did not finally adjourn until October, 1788, leav- 243 TRAINING FOR CITIZENSHIP ing the states without a central government until April, 1789, when the government under the constitution was actually put into operation. From the date of its organization until 1781, when the last of the colonies adopted the Articles of Confederation, the Congress had no written constitution ; but nevertheless it exercised, with the consent and active support of the governed, the most important functions of a national gov- ernment. It declared the colonies free and independent states ; conducted a great war ; assumed the whole direc- tion of foreign affairs ; twice voted to Washington powers which made him a virtual dictator ; created a national cur- rency ; estabhshed a general post-office, and gave to each commonwealth an equal voice in deciding any question that should come up for congressional action. These are sov- ereign powers (307), and the body of men which exercised them represented not the states, but the whole American nation. 357. The Confederation. — Until March i, 1781, when Maryland ratified the Articles of Confederation, being the last colony to do so, the Continental Congress had been a revolutionary body, exercising such powers as the neces- sity of the case required. In the absence of any written constitution (356), Congress was the sole judge of the extent of its powers, and there was danger, if its resources should permit, that it might seek to legislate upon those subjects heretofore impliedly reserved for state control. To guard against this danger, and to secure the continu- ance of a national government after independence should have been won, Franklin, as early as June 12, 1775, sub- mitted a plan for a perpetual union, and this idea finally 244 THE FOUNDING OF THE NATION found expression in the Articles of Confederation, which were ratified by all the colonies. In this instrument the states expressly delegated to the national government certain powers which they agreed not to attempt to exercise; reserved to themselves every power not thus delegated; adopted certain regulations "to secure and perpetuate mutual friendship and intercourse between the people of the different states " ; and made such pro- visions for the support and administration of the govern- ment as was thought necessary. The plan was a bad one, for it gave to Congress no coercive power. There was no separation into legislative, executive, and judicial depart- ments, but all these duties were conferred upon one House ; Congress could appropriate money to meet the national obligations, but could not raise a dollar, as this power was reserved to the states ; it could not compel England to keep the treaty of peace, or, what was worse, keep the peace itself. In short. Congress could " declare every- thing, but do nothing." 358. Separating Influences. — So long as the states were held together by a common peril, the national government received a more or less adequate support ; but when this pressure was removed, its real weakness stood revealed. Attachment for the state was stronger than love for the union; and the obedience which love of country did not secure could not be enforced under the Articles of Con- federation. Jealousies sprang up within the states. Mas- sachusetts excluded all goods imported in British ships ; Connecticut not only admitted such goods, but imposed a duty upon imports from Massachusetts ; New York levied a duty upon firewood from Connecticut and garden prod- 245 TRAINING FOR CITIZENSHIP uce from New Jersey : the former responded by suspend- ing all commercial dealings with New York, the latter by charging ground rent for a lighthouse which New York had erected on New Jersey soil. Gross outrages were perpetrated by Pennsylvania officials upon settlers from Connecticut in the Wyoming valley ; and New York would have waged war against New Hampshire over boundary disputes had Washington not intervened as peacemaker. Besides these and other separating influences, there was the ever present slavery question, warmly defended by the South and execrated by the North. 359, Unifying Influences. — It was quite evident that the country was drifting toward anarchy. At home, Massa- chusetts was obliged to put down by force the armed re- belHon of Shay, and other states were racked with internal dissensions. Abroad, we were "bullied by England, in- sulted by France and Spain, and looked askance at in Holland." Even the Barbary pirates paid us no respect, but plundered our commerce with impunity, and sold our citizens into slavery. At length the people became con- vinced that a stronger central government must be formed, or the union would fall in pieces. The passage by Con- gress of the Ordinance of 1787 — a plain usurpation of power — greatly assisted, for it was considered better that there should be a strong government with specific powers than that a weak one should perform illegal acts to save itself from destruction. It was seen also that a national currency and a uniform commercial system, both domestic and foreign, were absolute necessities. A closer union of the states was rendered more easy of accomplishment because a majority of the people had a common ancestry, 246 THE FOUNDING OF THE NATION spoke the same language, cherished the same- traditions, and rendered obedience to the same system of common law (24). 360. The Constitutional Convention. — When the feel- ing had become general that a desperate crisis had been reached. Congress recommended all the states to meet at Philadelphia "to devise such provisions as to them shall seem necessary to render the constitution of the federal government adequate to the exigencies of the union." This convention, consisting of fifty-five dele- gates, met in Philadelphia in May, 1787, and remained in session nearly four months. Thirty-nine out of the fifty-five delegates signed the draft, which was submitted to conventions called in each state especially for that pur- pose. Thus indirectly, but acting through their chosen delegates, the people themselves, the state, adopted a con- stitution and frame of government which Mr. Gladstone once said '' is the most wonderful work ever struck off by the brain and purpose of man." 361. Constitution a Compromise. — Convinced as were the delegates of the necessity for a stronger government, there was yet a decided difference of opinion (i) as to the powers to be conferred, (2) the method of representation of the states, (3) the taxing of exports, and (4) the impor- tation of slaves. The constitution finally adopted was a compromise between those holding different views upon these questions, and is said to be "the most successful instance in history of what a judicious spirit of compro- mise may effect." The convention was divided into two parties, called the National party and the State party. The former of these wished to form a national govern- 247 TRAINING FOR CITIZENSHIP ment springing from the people ; the latter was deter- mined to preserve the state system, and was afraid that the large states would combine to swallow the small ones. " The small states did not care so much about the powers of the national government, or even its framework, as they did about the absorption of these powers by the large states. Hence the contention was not so much about powers as about the hands the powers would fall into." 362. Nature of Compromise. — The harmonizing of the differences of opinion which arose in the convention upon three of the great questions before it (363) was effected in each case by a compromise. 1. The Natiojtal Legislature. — For the formation of the legislative department three plans were offered, two of which were original. (i) The Virginia plan provided for two houses, each state to have a number of representatives proportionate either to its wealth or to the number of its free inhabit- ants. The states were to have no representation as such. (2) By the New Jersey plan there was to be a single house, to represent states and not individuals, and the states were to vote equally without regard to wealth or population. (3) By the Connecticut compromise the national prin- ciple was to prevail in the house, and the federal in the senate. 2. Slave and Free. — As the congressmen were to be apportioned to the states according to their population, the slave-holding states wished to have all the slaves counted ; the free states desired to have them all omitted. By the compromise two-thirds were counted. 248 THE FOUNDING OF THE NATION 3. Exports and Imports of Slaves. — The free com- mercial states were opposed to any tax upon exports and to the importation of slaves ; the planting states wished to tax exports and to import slaves without restriction. The Constitution provided that Congress should not forbid the importation of slaves before 1808, and that exports should never be taxed. 363. Interpretation of Constitution. — Every expression in the Constitution having been carefully considered both by the makers and by the conventions in the several states, it follows that whenever any dispute arises as to the right of the government to perform any particular act, the authority must be found in the Constitution. In other words, the United States government has no common law power (312). Whenever express authority is shown to perform a particular act, then the right is certain ; but the authority may exist by implication, and hence the powers of the national government are express and implied. "Take, for example," says Chief Justice Marshall, "the power to establish post-offices and post-roads. This power is executed by the single act of making the establishment. But from this has been inferred the power and duty of carrying the mail along the post-road from one post-office to another. And from this implied power has been again inferred the right to punish those who steal letters from the post-office or rob the mail." In doubtful cases the true meaning of any expression in the Constitution must finally be determined by the Supreme Court of the United States. 364. Amending the Constitution. — The makers of the Constitution did not imagine they had constructed an 249 TRAINING FOR CITIZENSHIP instrument that would never need amending, and so they provided a way. By a two-thirds vote of both houses, Congress may frame an amendment and submit it to the states for their ratification (315); and if two-thirds of the state legislatures demand it. Congress must frame and sub- mit one upon any subject desired (314).' In either case three-fourths of all the states, acting either through their legislatures, or through conventions called specially in each state for that purpose, must ratify the amendment before it can become a part of the Constitution. In all, fifteen amendments have been made, the first ten of which are called the " Bill of Rights " (221). 365. Checks and balances. — The framework of our gov- ernment is so constructed that one part acts as a check or a balance upon some other part. One officer is given a duty to perform ; and then another officer is appointed to superintend the first one, and to do something besides. The fundamental divisions are into legislative, executive, and judicial. If the legislature passes a bad bill, the executive may veto it ; if the executive refuses his consent, the legislature may pass the bill over the veto by a two- thirds vote. If the legislative power should enact a law which the Constitution forbids, the judicial department would declare it invalid ; if the people should be dissatis- fied with the decision of the court, they may amend the Constitution. If the governor or any of the supreme judges should violate their trusts, the legislature may remove them by impeachment; if a legislator becomes cor- rupt, the branch to which he belongs may expel him, and the courts can send him to prison. These statements apply equally to state and national governments, and so nicely is 2i;o THE FOUNDING OF THE NATION the machinery adjusted that there is Uttle serious danger from any one source, the power being at hand to correct it. 366. Federalism. — The poHtical history of our country immediately preceding and for many years following the adoption of the Constitution is filled with discussion as to the nature and extent of the implied powers (363). Some of our statesmen, among whom were Hamilton, were dis- posed to interpret the provisions of the Constitution very liberally, and were called " loose-constructionists " ( 28 : 2) or " federahsts " ; others, among whom were Jefferson, took an opposite view, and were called '' strict-constructionists " or "anti-federalists." The former looked upon the nation as a state-union ; the latter, as a union of states. Under the Articles of Confederation (359) our government was a " league of states " ; now it is universally held to be a " state-union," with whose management the states as indi- viduals have little control. History shows us that confed- eracies have seldom been successful, the only conspicuous example to the contrary in existence being Switzerland. The old German Empire, also called the Holy Roman Em- pire, was a confederation and a great failure ; the modern German Empire is a federation, and very powerful. TOPICAL ANALYSIS 1. From colony to state ; how far sovereign. 2. The New England Confederation ; the Albany plan ; the continental Union. 3. First Continental Congress ; second Continental Congress ; powers exercised by each. 4. The Confederation, its weakness and strength. 251 TRAINING FOR CITIZENSHIP 5. Separating influences. 6. Unifying influences. 7. The constitutional convention. 8. The Constitution a compromise. 9. The nature of the compromise : — (i) The national legislature. (2) Slave and free. (3) Exports, and imports of slaves. 10. Interpretation of the Constitution ; express and implied powers. 1 1 . Amending the Constitution. 12. Checks and balances. 13. Federations; confederacies. QUESTIONS AND EXERCISES 1. Read the Constitution carefully and see how long it takes you. 2. How many words are used to establish the postal system? 3. What six objects are set forth in the preamble to the Constitu- tion? 4. Trace out the checks and balances in receiving and paying out the money received from taxation by the state officers. 5. Does a man who has no taxable property, but has a family, pay any taxes ? 6. Are national banks directly authorized in the Constitution ? 7. How may two or more states be consolidated ? 8. In what way may the states exercise control over the national government ? 9. Give a short sketch of the life of Gladstone. 10. Make a list of five American statesmen who were loose-construe tionists, and of five who were strict-constructionists. 2?2 XXXIII THE NATIONAL EXECUTIVE 367. State and Nation. — It will greatly aid us in the further study of our subject if we bear in mind the fol- lowing statements : — 1. All the citizens of the United States, no matter where they reside, taken together, constitute one nation which, as to those powers conferred by the Constitution, is sover- eign and absolute. 2. This national government exercises its powers di- rectly upon the people through its own officers ; it enacts its laws, convicts and punishes its criminals, and collects and disburses its revenues without any reference to state boundaries. 3. The only elective officers of the United States govern- ment are the President, the Vice-President, the senators, and the representatives, all the rest being appointive. In choosing its representatives the nation makes use directly of the election machinery of the states, and as to the rest of the elective officers it does so indirectly. 4. No state officer as such has anything to do with exe- cuting any law of the United States, nor does any United States officer have any power to execute a state law. 368. The Three Departments. — The contests which each of the colonies had at times waged with their gov- ernors to prevent encroachments upon the power of the 253 TRAINING FOR CITIZENSHIP legislature, and the importance of having the laws inter- preted by judges independent both of the governor and the legislature, led the framers of the Constitution to mark out carefully the limits within which each of the three departments of the government was to exercise its authority. At the same time it was evident that each department could not be absolutely independent of the others, but that the three must work together. Hence was developed that system of checks and balances (365) which has contributed in no small degree to the successful working of our governmental machinery. 369. The President. — The executive department of the United States government consists of the President, who holds his office for four years. The presiding officer of the Continental Congress was called the President, and from this source came the title of the chief executive of the nation. His duties are civil, military, legislative, and judicial (320). I. Civil Executive. — The President is charged with the responsibility of seeing that the laws are properly enforced, and that the business of the nation is carefully conducted. He accomplishes this through subordinate officers, who in their turn are aided by a very great num- ber of assistants, clerks and workmen not being counted as officers (271). All these taken together constitute the public service, which is divided into civil and military. By the "civil service" is meant those officers and their subordinates who are concerned in carrying: on the do- mestic and foreig^n affairs of the g:overnment. Here are also found the officers of the courts, such as marshals and clerks. The administration includes the President and 254 THE NATIONAL EXECUTIVE members of the Cabinet (377), whose duty it is to advise together in the management of the executive department. 2. Military Ditties. — All the land and naval forces of the United States, and the militia of the several states when called into actual service (333), are under the con- trol of the President; but he is expected to exercise this control through the departments of War and of the Navy. In times of peace his duties as commander-in-chief are not very burdensome, for even the appointment of the major generals is made according to a system of promotion based very largely upon length of service. In time of war, however, this responsibility is greatly increased. It is said that during the Civil War, President Lincoln wielded more authority than any single Englishman had done since the days of Oliver Cromwell. 3. As Legislator. — At the opening of every session of Congress, the President submits a message in which he makes suggestions for legislative action. Each of these is referred to the proper committee, where it receives care- ful consideration. At any time during the session he may also send in a special message, or Congress may require information upon any subject which he will give, provided the public interests do not demand secrecy. Neither the President nor any member of the Cabinet may introduce a bill, nor vote upon it, nor even speak upon any question before either house. Like a governor (320:3), the Presi- dent may veto a measure, but it may be passed over the veto by a two-thirds vote. The treaty-making power is a legislative one, but the Senate, or in certain cases the House, may act as a check. Here also must be classed the power to suspend the writ of habeas corpus (220), if 25s TRAINING FOR CITIZENSHIP Congress be not in session, " when in cases of rebellion or invasion, or when the public safety may require it." (Const. Art. I, Sect. IX, 2.) During the Civil War thousands were thrown into prison by the orders of the President and held so long as it was thought necessary, without any trial. 4. Judicial Duties. — The President has the same power to pardon or commute the sentences of prisoners convicted under United States laws as has a governor in cases of those convicted under state laws. An appeal will lie to him from the decision of a court-martial in case of a mili- tary prisoner. 5. Foreign Representative. — The President is the sole representative of the nation abroad, no foreign court rec- ognizing any other officer. Governors of states have no power in this direction whatever. He receives ambas- sadors from foreign nations, and, with the advice and con- sent of the Senate, appoints ambassadors, other public ministers, and consuls. All treaties are negotiated under his direction, but they must receive the approval of the Senate. The House of Representatives may also defeat a treaty, if money is to be appropriated to carry out its provisions. 370. Qualifications of President. — No person except a natural-born citizen can aspire to the office of President ; nor can any one be elected to that office who has not at- tained the age of thirty-five years, and been fourteen years a resident within the United States. Before assuming the office he must take an oath to perform faithfully its duties, and to " preserve, protect, and defend the Constitution of the United States." The President may resign, or he may be impeached by a process similar to that pursued in the 2£:6 THE NATIONAL EXECUTIVE states (323). His salary is $75,000 per annum, which can not be increased or diminished during his term of of^ce. 371. Choice of President. — The President is elected by all the voters in the United States, but not directly (367). The framers of our Constitution did not think the choice of so powerful an officer as the President should be sub- mitted to popular vote on account of the excitement it would arouse ; they did not wish to leave it to Congress, because it would make the executive too dependent on the legislature. They therefore adopted a device similar to that used in Maryland in the selection of state senators (337)- There is nothing in the Constitution to prevent a reelection any number of times ; but the example of Wash- ington in declining a third term has made it practically impossible for the time to be extended beyond eight years. 372. The Electoral College. — The Constitution directs each state to choose electors equal in number to its sena- tors and representatives in Congress, the method of choice being left to each state legislature. Upon a day appointed by Congress, now the second Monday in January, the elec- tors meet in their respective state capitals, and vote sepa- rately by written ballot for President and Vice-President. Three lists of the votes are made out, one being transmitted to the Secretary of the Senate at Washington by mail, one sent to him by special messenger, and one kept on file in the office of the Secretary of State at the state capitol. On the second Wednesday in February the two houses meet in joint session, and in the presence of both houses the president of the Senate opens the certificates and counts the votes. The person having the largest number of votes is declared elected President. 257 TRAINING FOR CITIZENSHIP 373. Choice by Congress. — In case a majority of the electors do not vote in favor of any one person for Presi- dent, the choice falls to the House of Representatives, but is restricted to the three who have received the highest number of electoral votes. The vote is taken by states, the representatives from each state having one vote, and a majority of all the states being necessary. A quorum for this purpose consists of one or more members from two- thirds of the states. Each state may fill any vacancy that may arise in the number of its electors. 374. The Vice-President. — If for any reason the Presi- dent is unable to perform the duties of his office, they devolve upon the Vice-President. In case neither can perform them, Congress has provided that the succession shall be as follows, and in the following order : Secretary of State, Secretary of the Treasury, Secretary of War, Attorney General, Postmaster General, Secretary of the Navy, and the Secretary of the Interior. The Vice-President is voted for at the same time and by the same electors as is the President. If the electors fail to make a choice, then the Senate chooses the Vice-Presi- dent from the two having received the highest number of electoral votes. The senators vote by states, each state having one vote ; a quorum consists of two-thirds of the whole number of senators, and a majority of all is neces- sary to a choice. No person can hold the office of Vice- President if he be disqualified to hold that of President. Just as the lieutenant governor presides over a state senate, so the Vice-President is the presiding officer of the Senate of the United States, but has no vote except in case of a tie. His salary is $12,000, 258 THE NATIONAL EXECUTIVE TOPICAL ANALYSIS 1. State and nation : — (i) One nation. (2) Powers exercised directly. (3) Elective and appointive officers. (4) Separation of state and national officers 2. Interdependence of the three departments. 3. The President, as — (i) Civil executive ; (2) Military chieftain j (3) A legislator; (4) Judicial officer ; ( 5 ) Foreign representative. 4. Qualifications of President. 5. Choice of President. 6. The electoral college. 7. Choice by Congress. 8. The Vice-President. QUESTIONS AND EXERCISES 1. Why will a presidential elector always vote for his party candi- date ? Could he do otherwise ? 2. To how many electors is your state entitled ? 3. To whom would you apply if you wished to become postmaster ? 4. Under what circumstances may the President adjourn Congress without the consent of either house ? 5. Why is it difficult to pass a bill over the President's veto ? 6. How many Vice-Presidents have become President ? 7. Are the elections in the states ever in charge of national officers ? 8. Can the President hold any other public office ? g. How long may an officer appointed by the President during a recess of the Senate serve ? 10. How many electoral votes are necessary to elect a President ? 259 XXXIV AIDS TO THE NATIONAL EXECUTIVE 375. The English Cabinet — The President's Cabinet consists of a body of men selected by him to assist him in the performance of his official duties. It had its origin in the Privy Council of England, and is a committee of from twelve to fifteen members of Parliament into whose hands is given the actual government of the country. The chief member of this committee, chosen by the sovereign, is called the Prime Minister, who selects the remaining members. Each member of the Cabinet, being also a member of Parliament, has a right to be heard in debate, and to advocate or defend in the house to which he belongs such measures as the ''government," or, in other words, the Cabinet, may desire to have passed. This committee always belongs to the most numerous party in the House of Commons, which will generally support whatever the Cabinet proposes. If upon any important measure it should fail to do this, the Cabinet would resign at once, and the King or Queen would either appoint a new Prime Minister to select a new Cabinet, or dissolve the Parliament and order a new election. Each of eleven members of the English Cabinet is, by virtue of his office, at the head of an executive department. z6o AIDS TO THE NATIONAL EXECUTIVE 376. Advisers to the Governors. — There is not now, nor was there ever at any time in any of the states or colonies, a body of men whose sole duty it is to give official advice to the governor. A governor of a colony, like the gov- ernor of a territory at present (302), always had a council to advise with him ; but as, in nearly all cases, the council took an active part in the work of legislation, it resembled the House of Lords more than the Cabinet. It was a legislative body with limited powers, something like a modern city council ; and if any of its members acted as a confidential adviser to the governor, it was not because his official relations required it. It must not, however, be supposed that any governor attempts to discharge the duties of his office without seeking advice from some one. Upon purely technical questions, or when he simply desires information, he will undoubtedly ask the opinion of the heads of the particu- lar department interested ; but upon all other questions he is far more likely to counsel with those of his political or personal associates in whose judgment he has the most confidence. Sometimes it is possible for him to attach these persons to him officially by appointing them to some commissionership (324). These men form the ''inner circle," often called the "ring," or the ''cabal/' which runs the administration (369:1). 377. The American Cabinet. — The Constitution did not provide for any body of men to be the official advisers of the President; but the first work accompHshed by Con- gress was to estabhsh the departments of State, the Treasury, and War. Washington appointed Hamilton Secretary of the Treasury : Knox, Secretary of War ; 261 TRAINING FOR CITIZENSHIP Jefferson, Secretary of State; and Randolph, Attorney General. The first two were Federalists (366), the last two anti-Federalists, and the four formed the first Cabi- net. The number has since been increased to eight by the creation of four new departments. The President may select any one he chooses to fill a Cabinet position, subject to the approval of the Senate, which thus far has never been refused. He almost invari- ably appoints men of his own political belief, making his selections as a rule from those who have had large experi- ence in public life ; but sometimes chooses his personal or business associates, and often a Cabinet position is the reward for political services or for liberal contributions to the campaign fund (268). The meetings of the Cabinet are always held at the Executive Mansion, but no records are kept of the proceedings, and the President is not obliged to follow the advice given. In England the sover- eign is never present at a Cabinet meeting ; in this coun- try the President always is. If a Cabinet officer wishes to vacate his office, he simply hands his resignation to the President, who immediately selects his successor. The salary is $12,000, 378. Comparisons. — If we compare the two systems as here outlined, we shall see that in England the members of the Cabinet belong to either one or the other of the two houses of Parliament, and have all the privileges which are enjoyed by any member. In our country a member of the Cabinet can belong to neither house of Congress, and can never take part in a congressional debate. In the one case a failure on the part of the government to carry its measures results in a resignation of the whole Cabinet, 262 AIDS TO THE NATIONAL EXECUTIVE and there is generally a new election ; in the other case, such a failure would cause no change, and no new elec- tion. In England the Prime Minister assumes all the responsibility, and thus the sovereign is relieved ; here there is no such officer, all the responsibility being placed on the President. Nevertheless the members of our Cabi- net exercise great influence in shaping legislation, as it is presumed that their advice has had the approval of the President. 379. Departmental Business. — Though desirable, it is not strictly necessary that a Cabinet officer should have previously had any special knowledge of the method of conducting the business in his particular department. No President would think of appointing one who was not a lawyer as Attorney General, but civilians have generally been selected for the War or Navy departments. This has been made possible because all the details have been car- ried on upon a uniform plan for years, and by subordinates who, by reason of their long experience, have a perfect knowledge of the work. Nearly all of these subordi- nates are under the civil service rules (390), and can be discharged only for good cause. Each department is sub- divided into " Bureaus," and all routine business is immedi- ately referred to one of these, where it is settled. The nature of the transactions by the respective departments is similar to that performed by the corresponding ones in the states, only its scope is more extensive. At the opening of each session of Congress, and whenever called upon, each secretary makes a report to Congress, con- taining recommendations. 380. Secretary of State. — The Secretary of State for the 263 TRAINING FOR CITIZENSHIP United States performs the same duties for the national government as does the corresponding officer in each state for his state government, and some in addition. The Con- stitution forbids any of the states to enter into any treaty, alUance, or confederation with any foreign state, and hence the v^hole foreign poUcy of the country is in the hands of the President, who directs it through his Secretary of State. This officer negotiates all treaties, issues the instructions to our foreign ministers, presents ambassa- dors and ministers from foreign countries to the Presi- dent, issues passports to any of our citizens who wish to travel abroad, and it is to him that the territorial governors report. 381. Secretary of the Treasury. — Subject to the approval of the President, the Secretary of the Treasury has charge of the financial policy of the government. This depart- ment attends to the coining of all metallic money, and hence has charge of the mints (120); it also issues certifi- cates that circulate as money, which are printed by the Bureau of Engraving and Printing (121). The officer next in rank to the Secretary is the United States Treas- urer, to whose custody are intrusted the funds of the nation. This department keeps a strict account with all the other departments, and their financial dealings are carefully inspected by treasury officers called auditors. The amount of business is so vast, so varied, and withal so important that a great number of subordinates is employed, among whom is a corps of detectives belong- ing to the ''secret service," and whose duty it is to run down counterfeiters, smugglers, and the so-called " moon- shiners." The national banks of the country (151) are 264 AIDS TO THE NATIONAL EXECUTIVE under the charge of an officer of the Treasury, known as the Comptroller of the Currency. 382. Secretary of War. — Under the President, the Secre- tary of War has charge of the military affairs of the nation in so far as they relate to the land forces. In time of war his duties are very onerous; but in times of peace the business is largely routine in its character, and is dis- tributed among the ten bureaus into which the depart- ment is divided. Besides the maintaining and equipping the army, the Secretary of War has general direction of the expenditure of large sums of money which are annually voted by Congress for the improvement of the rivers and harbors, and for the support of the United States Mihtary Academy. This academy is located at West Point, in the state of New York, the purpose of the school being to educate young men from the different states to become officers in the regular army. The students are called "cadets." Each member of Congress is entitled to ap- point one cadet, and the President appoints one from each territory, one from the District of Columbia, and forty at large. None of these are admitted, however, unless they are able to pass a satisfactory examination, which is both physical and intellectual in its nature. The expenses of each cadet is paid by the government ; but after gradua- tion each must serve for two years in the regular army. 383. Secretary of the Navy. — The Secretary of the Navy sustains the same general relations to the marine forces of the nation as does the Secretary of War to the land forces. As in the case of the War Department, so here the routine business is transacted through several bureaus, the duties of the secretary being much greater 265 TRAINING FOR CITIZENSHIP in times of war than when there is peace. The Naval Academy at AnnapoHs in the state of Maryland is organ- ized upon a plan similar to that of the Military Academy at West Point, the cadets being obliged to serve two years in the navy after their graduation. They are admitted between the ages of fourteen and eighteen, and the length of the course of study is six years. They are called ''° mid- shipmen." 384. Postmaster General. — Among the officers in the several state governments there is no one whose duties at all resemble those of the Postmaster General, for the postal system is now, and always has been, under the sole charge of the national government. This is the oldest of the executive departments, having been organized in 1775, with Benjamin Franklin as the first Postmaster General. No department so well illustrates the wonderful growth and development of this country as does this. In 1775 we had only seventy-five post-offices, now there are more than a thousand times as many ; then the annual receipts were less than ^27,000, now they are more than a million times as much. In 18 16 it cost twenty-five cents to send a letter weighing less than an ounce four hundred miles, now you can send one weighing one ounce four thousand miles for two cents, and hundreds of mail-bags filled with parcels of merchandise weighing less than four pounds each are conveyed to all parts of the country at a cost of one cent an ounce. In 1864 the money order system was estabUshed. In the cities no resident ever thinks of going to the post-office for his mail, except per- haps on Sunday ; but his letters and papers are delivered to him by mail-carriers wearing the livery of the govern- 266 AIDS TO THE NATIONAL EXECUTIVE ment, and the free-delivery system is being rapidly ex^ tended to the rural districts. To conduct this immense business requires thousands of employees, all of whom are indirectly under the control of the Postmaster General. 385. The Attorney General. — The department of justice is presided over by the Attorney General, whose duties are essentially the same in their nature as are those of the attorney generals in the state governments (328). He is assisted by a Solicitor General, who is the second officer in rank, and there are also other attorneys and solicitors connected with the department. The Attorney General, either personally or by his assistants, performs the follow- ing duties : — 1. He conducts all suits to which the United States is a party, either in the Supreme Court or in any other court, when requested by the head of a department. 2. Exercises general supervision over all district attor- neys and marshals in the district or other courts of the United States. 3. Gives advice in writing to the President or to the heads of the departments when requested. 4. Examines titles to lands when for any reason the government desires to purchase the same. 5. Performs such other duties for the government as the office requires. 386. Secretary of the Interior. — Just as the State Depart- ment has to do with the foreign affairs of the nation, so does the Interior Department have in charge the home affairs. The business is distributed among several bureaus, which are presided over by officers called, with one exception, "commissioners." 267 TRAINING FOR CITIZENSHIP 1. The Pension Office. — The Commissioner of Pensions examines and decides upon all claims made by soldiers and sailors for pensions and bounties granted under the laws of Congress. In the year 191 1 there were 892,098 on the rolls to whom were paid approximately $156,000,000. 2. Land Office. — The Commissioner of the Land OfBce superintends the surveying and the selling of all the lands in the public domain (64). The amount of business trans- acted has been enormous (73), and there are milHons of acres of land yet to be surveyed and sold. 3. Patent Office. — The Constitution gives to Congress power " to promote the progress of science and useful arts by securing, for a limited time, to authors and inventors, the exclusive right to their respective writings and dis- coveries." In the case of an invention, this right is called a "patent"; in case of a writing, it is a "copyright." A patent is valid for fourteen years, but the time may be extended ; a copyright is good for twenty-eight years, and the term may be extended fourteen years. 4. Indian Affaii's. — The Commissioner of Indian Affairs has charge of all those Indians in any of the states or ter- ritories that still preserve their tribal relations. Each of these tribes now lives upon a "reservation," which is a portion of the public domain (64) set apart for their use. Each reservation is controlled by an agent whose duty it is to protect the Indians in the enjoyment of those rights which the United States has secured to them by treaty. Beginning with 1790, the general government has taken a census at the end of every decade. This is not merely an enumeration of the people, but also contains a great 268 AIDS TO THE NATIONAL EXECUTIVE amount of information helpful to the business interests of the country. It may be compared to the inventory which a merchant takes to find whether or not his venture has proved profitable. The first census reported nearly four milHon people, nearly seventeen and one-half per cent of whom were slaves. The Census Bureau has been trans- ferred to the Department of Commerce and Labor. The Geological Survey and the Office of Education belong to the Department of the Interior. 387. Secretary of Agriculture. — Previous to 1889 this was an independent department (388) under the charge of a Commissioner of Agriculture ; but it was then raised to the dignity of a cabinet ' position, and the head of it was called the " Secretary of Agriculture." There are several bureaus in this department, but two are of special importance. 1 . Experifitefit Stations. — In all the states and terri- tories the government maintains model farms to find out the kinds of plant growth best suited to the nature of the soil. These farms are under the direct charge of scientific men, who keep a very careful record of every- thing that pertains to the cultivation, growth, and yield of the crop, the results being published and distributed among the farmers. In this way they are enabled to change the nature of their farming operations, often with great profit, and always without any great danger of loss. 2. Weather Bureau. — One of the most useful services rendered to the people by the government ^s performed by the "Weather Bureau." All over the United States and upon the islands of the sea near the coast signal stations are maintained where officers watch carefully the TRAINING FOR CITIZENSHIP condition of the weather, and make daily and sometimes hourly reports to the central office in Washington. By means of these reports the chief officer at Washington is enabled to predict with great accuracy the probable state of the weather for the ensuing twenty-four hours, and thus be of invaluable assistance to farmers, and especially to mariners, who are warned of an approaching storm. 388. Secretary of Commerce and Labor. — For many years much of the most important business of the govern- ment had been carried on by independent departments called '' bureaus," but in 1903 the most of these were or- ganized under one head, who was made a cabinet officer with the title of " Secretary of Commerce and Labor." Among these are the Fish Commission, the Light-house Board, the Steamboat Inspection Service, which provides for the safety of travellers on every inland waterway, and the Bureaus of Immigration, Labor, the Census, Manu- factures, and Corporations, the last two being new. The object of this department is to foster, promote, and develop the foreign and domestic commerce, the mining, manu- facturing, shipping, fishing, and labor interests, and the transportation facilities of the United States, TOPICAL ANALYSIS 1. Cabinet government in England. 2. Advisers to the governors ; the inner circle. 3. The American Cabinet ; its selection. 4. English and American systems compared. 5. Organization of departmental business. 6. Secretary of State. 7. Secretary of the Treasury. 270 AIDS TO THE NATIONAL EXECUTIVE 8. Secretary of War. 9. Secretary of the Navy. 10. Postmaster General. 11. Attorney General; five daties. 12. Secretary of the Interior; different departments. 13. Secretary of Agriculture ; experiment stations ; v/eathe. bureau. 14. Secretary of Commerce and Labor, 15. Independent departments. QUESTIONS AND EXERCISES 1. What are some of the duties of the Interstate Commerce Com- mission? 2. Give the historical definition of the word *.* cabal." 3. Mention the Cabinet officers in their order. 4. The crime of smuggling is an offence against what law? 5. What three great statesmen have held the office of Secretary of State? 6. In what way has the Experiment Station in this state benefited the farmers? 7. Give an instance of a great storm foretold by the Weather Bureau. 8. What is a "training ship " ? 9. Give in their order of importance five valuable patents granted by oiu" government. 10. Make a list of five books written by American authors which you have read. 11. Discuss the advantages of allowing members of the Cabinet to take part in congressional debates. 12. Should the government seek to make money on postal charges to foreign countries? 2^1 XXXV DOMESTIC AND FOREIGN RELATIONS 389. The Civil Service. — By this is meant those officers who are engaged in conducting the domestic affairs of the nation. There are more than one hundred thousand of them, less than five hundred being elective (367). If the President is to be held responsible for the proper working of the governmental machinery, he ought to have something to say as to who should operate it. This power is given him by the Constitution ; but as no human being could pos- sibly spend the time to become acquainted with the merits of individual applicants, it is provided that he shall be as- sisted in his choice by the Senate. The Constitution also permits Congress to vest in the courts of law, the heads of departments, or even in the President himself, the right to appoint inferior officers. Our civil officers are, therefore, divided into superior and inferior, there being about four thousand of the former class, known as " Presidential," and an indefinite number of the latter. In theory the President selects all of these four thousand from among the best applicants, the advice and consent of the Senate being to prevent any unfit selection ; in reality the senators from each state dictate all of these appointments within their respective states. This practice has given rise to the term '' senatorial 272 DOMESTIC AND FOREIGN RELATIONS courtesy." The Senate has never yet refused to confirm the nominations of the President for members of his Cabi- net; but, as to his other nominations, he is very careful to consult the wishes of those senators more particularly in- terested, and to make his recommendations accordingly. 390. Civil Service ll.:iform. — As to the appointment of the inferior officers, there are two systems, — the " merit " and the " spoils." The theory of the first is that no one should hold an office who is not competent to fill it, and that he should be retained only so long as he is able to dis- charge its duties satisfactorily. The second theory holds " that to the victor belong the spoils." Under the early administrations few removals were made except for cause ; but after 1828 it became the practice, whenever a new party went into power, to discharge all the old office- holders, and to replace them with those who agreed in politics with the new party. These officers were then ex- pected to pay a percentage of their salaries toward creat- ing a campaign fund (268) to secure the success of their party at the next election. Thus the offices, instead of being looked upon as a public trust, were considered as so much plunder to be divided among the party workers ; men were appointed without reference to their fitness ; and the public service was greatly injured. Civil service reform aims to correct these abuses. In 1883 Congress passed a law dividing these inferior offices into "classified" and "unclassified"; it created a com- mission consisting of three members, and required all the candidates for any of the classified offices to pass a com- petitive examination upon questions prepared by this commission. These examinations are held at the custom 273 TRAINING FOR CITIZENSHIP houses, post-offices, and other places in the various states, and any one who wishes may take them. When a vacancy occurs, the one holding the highest percentage is chosen. 391. Education. — The national government has no sys- tem of education, this being left to the states. The Office of Education is a bureau in the Department of the Interior, and the chief officer is called the Commissioner of Educa- tion. The principal duty of this bureau is to gather infor- mation as to the school systems of this and foreign nations and to publish it in an annual report, which is sent to all the larger educational institutions of the country. For the estabhshment and support of agricultural experiment sta- tions, Congress has appropriated ^15,000 annually to each state and territory which maintains an agricultural college, or an agricultural department in some other college or university. 1. Smithsonian Institution. — In 1835 the United States government came into possession of $515,169, which was willed to it by James Smithson, a British subject, to found an institution for " the increase and diffusion of knowledge among men." With these funds the Smithsonian Institu- tion was founded by Congress in 1846, the President of the United States being the chairman of its board of di- rectors. It seeks to carry out the purpose for which it was founded mainly by its publications, which are of great value and widely distributed. Connected with this and under the same management are the National Museum and the Bureau of Ethnology. 2. Indian Schools. — While the national government does not maintain a national system of schools, yet it does provide liberally for the education of Indian children, who 274 DOMESTIC AND FOREIGN RELATIONS are looked upon as its wards. Located at different points on the reservation, which is sometimes hundreds of miles in extent, are small schools corresponding to those in the rural districts of the states. At the headquarters of the agency there are larger ones to which children are ad- mitted from all parts of the reservation, and where they are clothed, fed, and taught at government expense. These may be compared to the ward schools in the cities. The government also maintains higher schools, as at Carlisle, Pennsylvania, and Phoenix, Arizona, into which are gathered the more promising children from the reser- vations. In all of these the pupils are taught how to read and speak English, but special attention is given to teach- ing them how to work. The boys learn to be farmers, carpenters, printers, or to follow almost any occupation which may afford them a living in after years, while the girls are taught dressmaking and domestic economy. 392. Public International Relations. — The United States is only one of a large number of nations, each of which is independent of the other in somewhat the same way as are individual families (33). But just as the latter are bound together by national law, so are the nations of the earth united by international law (160), the basis of both kinds being custom. International laws are either public or private in their nature, the former treating of the political rights which each state shall enjoy as one of a community of nations. It includes the settlement of claims between individual nations; but is chiefly concerned with the duties of neutral nations in time of war, the treatment of prisoners, the ownership and preservation of property upon the high seas, and it prescribes the forms which 275 TRAINING FOR CITIZENSHIP shall regulate the conduct of nations in their intercourse with each other. There is no permanent international legislature ; but a temporary one composed of delegates from each of the great nations may be called into existence when occasion requires. Such was the Congress of Vienna which rearranged the map of Europe after the defeat of Napoleon at Waterloo. The chief sources of international law are the decisions of international courts created for a special purpose, the Roman law, and the works of text- writers. The executive department consists of an inter- national military force, some troops being contributed by each nation, and the whole placed under the command of one general, as in the Chinese War in 1900. There is no permanent international judiciary ; but disputed claims be- tween nations are often submitted to courts of arbitration. 393. Private International Law. — Private international law treats of the civil rights which the subjects of one nation shall enjoy within the territories of another. These are regulated to a certain extent by custom, but more par- ticularly by treaties, which are agreements entered into by two or more nations. The right to make a treaty belongs to a sovereign state (307), and hence is denied to the states of the union. The President negotiates all treaties in this country through the Department of State, but they must be approved by a two-thirds vote of the Senate (369). The House of Representatives may also defeat a treaty, if money is to be appropriated to carry out its provisions. Whenever a state law conflicts with a treaty it is void. I. The Diplomatic Service consists of those officers whose duty it is to transact business between this and foreign countries. The highest in rank is called an Ambassador ; ^^^ DOMESTIC AND FOREIGN RELATIONS the second, Envoy Extraordinary and Minister Plenipoten- tiary; and the third. Minister Resident. These officers receive from $10,000 to $17,500, the latter sum being paid only to ambassadors to Austria- Hungary, Brazil, France, Germany, Great Britain, Italy, Japan, Mexico, Russia, and Turkey. The President receives all foreign ministers (s^o), and ours are presented to the king, queen, or chief ruler of the nation to which they are sent. Each minister's official fam.ily, called the legation, consists of a secretary and such clerks as may be deemed necessary. The minister, acting under the direction of the State Department, assists in negotiat- ing treaties, looks after the interests of American citizens, and seeks to promote friendly relations with the government. 2. T/ie Consular Service is organized to enforce the com- mercial laws, to protect the rights of American citizens, and to assist our commercial, manufacturing, and agricul- tural interests by giving to the State Department such information as will aid in introducing our products into foreign countries. There are about thirty consuls general, some of whom are ministers resident, and over three hun- dred consuls. They are stationed at the chief seaports, take charge of the estates of American citizens dying abroad, and look after the interests of American vessels and sea- men. In China, Turkey, and in those countries where the administration of justice does not accord with our ideas of fairness, the consul also acts as a magistrate having both civil and criminal jurisdiction. Elsewhere such matters are intrusted to the courts of the country. 394. The Army. — No government would be able to pre- serve domestic tranquillity, nor command the respect of other nations, if it could not repress disorder at home and 277 TRAINING FOR CITIZENSHIP make war upon any nation which should trespass upon the rights of its citizens. To accomplish this the United States possesses a military establishment consisting of an army and a navy. 1. The Regular Army consists of fifteen regiments of cavalry, thirty regiments of infantry, thirty batteries of field artillery, one hundred and seventy companies of coast artillery, and three battalions of engineers. The enlisted men in two regiments of infantry and two of cavalry are colored. Up to the time of the Spanish-American War the number of enlisted men in the army could not exceed thirty thousand, but the limit has been increased to one hundred thousand. All enlistments are for a term of three years. Recruits on entering the army for the first time must be effective, able-bodied men, and between the ages of sixteen and thirty-five years at the time of their enlistment ; but this limitation as to age does not apply to soldiers who re- enlist. Minors under the age of sixteen, insane or intoxi- cated persons, deserters from the military service of the United States, and criminals, will not be accepted. No minor over sixteen will be mustered in without the consent of his parents or guardians, provided he has such parents or guardians entitled to his custody or control. 2. Military Rank is that character or quality bestowed upon military persons which marks their station, and gives them the right to exercise military control within the limits prescribed by law. As to their rank, members of the army are divided into commissioned of^cers, non-commissioned officers, and musicians, artificers, and privates. The term " officer " includes only commissioned officers, all the rest being called " soldiers." The highest officer is the " general 278 DOMESTIC AND FOREIGN RELATIONS of the army," and the lowest in rank is the second lieu- tenant. The corporal holds the lowest rank as a non-com- missioned officer. The pay of the general of the army is ^13,500 per annum, while' the private receives $15 per month during the first year of his enlistment. The pay of those holding intermediate ranks is found between these two sums. 3. Biireatt of Military Justice, — This consists of one judge advocate general, with the rank of brigadier general, and one assistant, with the rank of colonel of cavalry. There are also eight judge advocates of the army, with the rank of major of cavalry, who perform their duties under th^ direction of the judge advocate general. Courts-martial, or military courts, are of two kinds, — general and regi- mental, or garrison. Capital offences are tried by general courts-martial, which consist of not less than five nor more than thirteen members ; but a soldier for an offence not capital may be tried by a garrison court-martial consisting of three members. In time of war soldiers charged with offences not capital are tried by a field officer detailed for that purpose. A military prison is maintained by the gov- ernment at Rock Island, Illinois. 4. Educational. — The United States is divided into territorial departments, each of which is under the com- mand of a major general assigned by the President. Within these territorial divisions are "posts" established by the Secretary of War, each of which is garrisoned by one or more companies of soldiers. Practical and theoretical instruction is given to the officers in the science and art of war ; post schools are organized for the enlisted men, the school terms aggregating not less than four months each 279 TRAINING FOR CITIZENSHIP year, the teachers being appointed by the commanding officer, and the branches taught being such as can be pursued with profit. Schools for the instruction of the children of the officers and of the enlisted men are also organized when there are no convenient educational privi- leges. Libraries and reading rooms are also furnished, and the soldiers are encouraged to erect buildings for bowling alleys and other amusements. Service schools are maintained as follows : An artillery school at Fort Monroe, Virginia ; an infantry and cavalry school at Fort Leavenworth, Kansas; a cavalry and light artillery school at Fort Riley, Kansas ; and a medical school at Washing- ton, D.C. The chief training school is the military academy at West Point, New York (382), to which cadets are admitted between the ages of seventeen and twenty- two years. 395. The Navy. — The navy of the United States is organized upon a plan similar to that of the army. The officers are divided into three classes, — line, warrant, and petty. There are eleven ranks in the officers of the line, the highest being t'hat of admiral, corresponding to that of general of the army, and the lowest being the midship- man. The ensign, who is next in rank above the mid- shipman, corresponds to the second lieutenant in the army. After five years' service the President may ap- point boatswains, gunners, carpenters, and sailmakers to a rank equal to ensigns ; and after ten years' service to a rank equal to that of master, or first lieutenant in the army. These are called ''warrant officers." All others are termed " petty officers." The admiral receives $13,500 per annum, and the midshipman $1400 when at sea and 280 DOMESTIC AND FOREIGN RELATIONS $600 while at the Naval Academy, before graduation. The pay of petty officers, seamen, and others is fixed by the President, but the aggregate amount must not exceed the appropriation. The marine corps is a body of troops specially trained for military duty on shipboard. For the construction and repair of war vessels the gov- ernment maintains shipyards, and also arsenals for the storage of arms and ammunition. The total number of ves- sels constituting the navy is divided into squadrons, which are assigned to duty in various parts of the world. Each squadron is under the command of a line officer not lower in rank than a commander, who is next below a captain. He receives his appointment from the President and has the title of " flag-officer." The discipline in the naval service is necessarily more strict than in the army, and every one must yield implicit obedience to the captain of a ship. Line and warrant officers can only be confined for a period of ten days, unless a longer period is necessary to bring the case before a court-martial ; but petty ofificers and others may be imprisoned in irons, placed in solitary confinement for seven days, or given extra duties. TOPICAL ANALYSIS 1. The civil service ; superior and inferior officers. 2. Civil service reform ; the classified service. 3. No national system of education ; Smithsonian Institution ; Indian schools. 4. Public international relations. 5. Private international law; the diplomatic service; the con- sular service. 281 TRAINING FOR CITIZENSHIP 6. The army ; its composition ; military rank ; bureau of mili- tary justice ; educational features. 7. The navy ; discipline on men-of-war. QUESTIONS AND EXERCISES 1. When neither senator from a state belongs to the same party as the President, who then dictates the appointments for that state? 2. Give some objections to the method of appointment by com- petitive examination. 3. Ought the Commissioner of Education to be a Cabinet officer? 4. What subjects are included under domestic economy? 5. Give another example of an international legislature. 6. Name the five great nations of the world in the order of their strength. 7. Is $17,500 per annum a large salary for the minister at the Court of St. James? 8. How does an arsenal differ from an armory? 9. Give an account of the battle of Manila. 10. How many of our Presidents have also held the rank of general in the army? 11. Could the increase of the army or navy be considered a peace- ful measure? 12. If a senator should recommend a man unfit for an office, should the President nominate him? 13. Have the government schools proy^ed beneficial to the Indians? 14. Should the civil service include the consular agents of the United States? 15. Should educational features be introduced into the Bureau of Plant Industry? 282 XXXVI THE NATIONAL LEGISLATURE 396. National and State. — The Congress of the United States consists of two houses, a Senate and a House of Representatives, usually for the sake of brevity called the House. It is organized upon the same plan, transacts its business in a similar manner, its members enjoy the same freedom from arrest (338), and are subject to influences of a character like to those employed in the legislatures of the states (344). The national differs from the state legislature chiefly in the nature of the laws which it passes, in the size of its membership, the number and importance of its committees, and the generally enlarged scale upon which everything is done. 397. Sessions of Congress. — The term of a Congress begins at twelve o'clock noon on the fourth day of March in the odd-numbered years, and continues exactly two years. The Constitution, however, provides that the first meeting of a new Congress shall begin on the first Monday of December, and as the first" Congress met on that date in 1789, the first session of every succeeding Congress has fallen upon the odd-numbered years. This is called the long session, because there is nothing to prevent its lasting until the first of the succeeding December, and it usually does continue until midsummer. The short session is limited in its duration to a little over three months. 283 TRAINING FOR CITIZENSHIP 398. The Senate. — The Senate of the United States is composed of two members from each of the several states of the Union, who are elected for a term of six years. As only one-third of the senators retire every two years, and as very many of these are reelected, the Senate may be looked upon as a permanent body. This feature, together with its comparatively small size and the ability of its members, makes it very influential. 1. Special Powers. — The Senate is an executive, a legislative, and a judicial body. It acts as a check upon the President in making appointments (389), and when considering his nominations holds an executive session from which the general public is excluded. It forms an essential part of the treaty-making power, with which the House has ordinarily nothing to do ; prevents the passage of many unwise measures often introduced into the House for pohtical effect ; and by reason of the greater famil- iarity of the senators with public affairs, is able to correct the mistakes into which the less experienced members of the House are liable to fall. The Senate acts as a court of impeachment (323) for high political officers, and is the sole judge of the qualifications of its own members. 2. Organization. — The chief officer of the Senate is the Vice-President, whom it elects upon any failure of the electoral college to do so (374). It also chooses a president pro tempore to serve in the absence of the Vice-President. It selects its committees by ballot, and rearranges them every two years upon the coming in of the new senators. 3. Member ship. — Formerly a senator was elected by a majority vote of the two houses of his state legislature, 284 THE NATIONAL LEGISLATURE but now he is chosen by ballot at a general election. If for any reason, a vacancy should occur the governor makes a temporary appointment; but the appointee can- not hold the position longer than until the next general election immediately following. A senator must be . at least thirty years old, an inhabitant of the state he repre- sents, and must have been a citizen of the United States for nine years immediately preceding his election. The salary of a senator is $7500 a year and necessary travelling expenses. He is exempt from arrest on a civil warrant (179) during the session of Congress, and while on his way to and from the National capital. 399. The House. — The national House consists of rep- resentatives from every state in the union, who are elected from congressional districts for a term of two years. As all of the members go out of ofifice at the same time, the House must be considered a transient body. Enough of the old members, however, are always returned to be of great assistance in organizing the new House. I . Ratio of Representation. — Each state is entitled to at least one member in the House. Where it is entitled to more than one, the number is found by dividing the total population of the state as shown by the last census of the United States, excluding Indians not taxed, by the con- gressional rati© of representation. This ratio is the quotient arising from dividing the total population of the United States according to the last census, excluding Indians not taxed, by the number of members the House is to contain after the new apportionment, which is had after each de- cennial census. The Constitution fixed the size of the House at sixty-five until after the first census should have 285 TRAINING FOR CITIZENSHIP been taken. The first ratio was made 33,000, under which the Third Congress had 105 and the Fourth 141 members. Every ten years, after the decennial census is taken, there is a new apportionment and a new ratio of represen- .tation established. 2. Special Powers. — The " House for the most part is a legislative body, but acts in an executive capacity when it brings to trial a high government official before the bar of the Senate sitting as a court of impeachment. Bills calling for an appropriation of money must be introduced into the House, and this fact might give it in some instances the power to defeat a treaty. It is the sole judge of the qualifications and election of its own mem- bers. It elects the President when there is no choice in the electoral college. 3. Organization. — The chief officer is the speaker whom the most numerous political party in the House elects from its own members. He is always a member who has served one or more terms, for one without this experience could not possibly perform the duties of the office. The position of speaker is one of great honor and influence and has been held by some of our most distinguished statesmen. E[is views upon all public questions before Congress for legislative action receive respectful attention and he can always advance or hinder the passage of any bill if he should see fit to do so (338). The House has a sergeant-at-arms, and deputies, door- keepers, pages and officers to preserve order and to assist in the dispatch of business. 4. Congressional Districts. — Each state having more 286 THE NATIONAL. LEGISLATURE than one representative is divided into districts, which shall contain as near as may be a population equal to the ratio of representation. The intention is to form a compact territory ; but sometimes to gain a political ad- vantage the counties will be joined in almost any way so long as they are contiguous, and we often have " shoe- string " districts. Missouri, it is said, once contained a district longer than the state itself, so formed as to con- tain a large number of negroes. A district in Massachu- setts of this character was once given wings and claws by a noted artist, and because Elbridge Gerry, then gov- ernor of the state, was supposed to have been the author of it, the thing was called a gerrymander. This was an injustice to Governor Gerry, who was opposed to the plan. Sometimes a member is elected by the whole state, and is then called a congressman-at-large. To vote for a congressman one must also have the right to vote for a member of the most numerous branch of the state legis- lature (85). 5. Membership. — A representative must be at least twenty-five years old, have been for seven years a citizen of the United States, be an inhabitant of the state from which he is sent, and custom has decreed that he shall also be a resident of the district he represents. When a vacancy occurs, the governor issues a writ of election to fill it. A representative receives the same salary and the same allowances for travelling expenses as does a senator. Each senator and representative is allowed a clerk. 400. The Committee System. — The method of enacting laws in the national legislature is about the same as in the state (340, 341), except that more is intrusted to the com- 287 TRAINING FOR CITIZENSHIP mittees. These are classified as " standing," which act through two sessions, and " select," or such as are given charge of particular subjects of current interest. To some one of these committees each and every bill is referred ; arguments and evidence are produced for and against it ; and in most instances the decision of the committee seals its fate. This system has been criticised because it destroys the unity of the House as a legislative body ; prevents the capacity of the best members from being brought to bear upon any one piece of legislation ; cramps debate ; lessens the cohesion of legislation ; gives facilities for the exercise of corrupt and underhand influences ; reduces the responsi- bility of the whole House and of every member not on the reporting committee, and throws undue power into the hands of the chairmen of the more important committees. On the other hand, it enables the House to deal with a far greater number of measures ; kills off many unimportant and even dangerous bills ; permits a close scrutiny of the administrative departments; and secures to the House sufficient time for the consideration of those subjects which are of vital importance to the nation.^ Every system is open to criticism and improvement ; and the very fact that the dangers mentioned are so well understood is a safe- guard against their occurrence. 401. Congressional Legislation. — In considering the nature of the laws passed by Congress, it must be borne in mind that the whole American system of government aims to intrust local measures to local bodies, reserving to higher bodies subjects of general interest (301). The law- 1 Bryce's American Commonwealth, 288 THE NATIONAL LEGISLATURE making power in any government determines its form (20), and the namiC makes little difference. It is the nature of the laws that marks the real distinction between a republic and a monarchy. In name England is a kingdom; in fact, it is a republic as real as though the king bore the title of President. Congress has more power than does the judicial or executive departments, because the former cannot interpret nor the latter enforce a law that does not exist. If Congress refuses to enact, the other departments are helpless. If, therefore, you should examine the Revised Statutes of the United States, you would search in vain for any law relative to the disposition of property by will, to com- mercial paper, or to the government of cities and villages, for these are topics which are intrusted wholly to the state legislature. But when the subject is one which affects the citizens of various states, then Congress may act. The national legislature will not enact a law regulating the sale of liquor at retail within a state ; but it will require the authorities of one state to permit the sale of liquor in an original package sent into the state by a citizen of another state for the express purpose of sale. Hence you will find an act creating a commission on interstate commerce, and defining its powers. 402. Express Powers. —The Constitution of the United States expressly confers upon Congress the right to legis- late upon seventeen different subjects (Art. I, Sect. 8), and the following section specifies nine restrictions. The number is so small and the words used are so few that the whole might be learned in an afternoon ; but to each statement has been given a breadth of meaning which 289 TRAINING FOR CITIZENSHIP does not appear on the surface. For instance, the power is given " to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." The meaning of the word " commerce " is not, however, to be confined to traffic, to the buying and selling com- modities (ii8); but it comprehends commercial inter- course of whatever • nature, whether by ships, railroads, telegraphs, or telephones, and however conducted, pro- vided it be not confined within the boundaries of a single state. Probably the most important of these express powers is the right to borrow money, levy and collect taxes, and to pay debts. 403. Implied Powers. — As an incident to every express grant there must be attached the right to provide the means necessary to render that grant effective. Hence the power given to Congress to establish a system of courts inferior to the Supreme Court, carried with it im- pliedly the power to prescribe the limits of jurisdiction, provide judges, and appoint court officers. No one has ever held that there were no powers implied in the Con- stitution ; nor that all the powers to be exercised by the states were expressly reserved in the Constitution (Art. I, Sect. 10). But just where the line should be drawn be- tween these two views soon became a question of party politics, which to a certain extent divides the political parties of to-day. The Federalists, at whose head stood Hamilton, now represented by the Republicans, believed in a liberal construction of the Constitution, and hence were called " loose-constructionists " (28) ; the anti-Fed- eralists, now Democrats, with Jefferson as a leader, be- lieved in a close interpretation, and hence were termed 290 THE NATIONAL LEGISLATURE " strict-constructionists." The Federalists relied upon paragraphs i and i8 of Sect. 8, Art. i, of the Constitu- tion, sometimes called the "elastic clauses," to support their views ; while their opponents cited the Tenth Amend- ment. 404. Magnitude of Business. — In comparing national with state affairs, one is particularly impressed with the magnitude of the former. Everything is done upon a large scale. The Senate contains more members than do several state legislatures ; the House has more than the legislatures of some two or three of the states combined ; and there are more persons in the employment of the gov- ernment than reside in some of the states. The most ex- pensive building in any city is likely to be the post-office ; the national capitol, the national library, and the depart- ment buildings are beautiful beyond description ; and even the yearly cost of maintaining one of them would be a handsome fortune to the most of us. The finest ships that float the ocean are some of our men-of-war ; including the pension list, the annual expense of maintaining our army runs into the scores of milHons ; and the total annual expenditures of the government aggregate hundreds of miUions of dollars. At these material evidences of the greatness of our nation we are lost in astonishment ; but when we reflect that all this is but a small part of the real wealth of the country, and that both our population and resources are developing with giant strides, we can only dream how great our country will be in a century hence. Lord Rosebery, in speaking lately of what might have fol- lowed had the colonies remained with England, said that it might have resulted in the transfer of the seat of govern- 291 TRAINING FOR CITIZENSHIP ment to these parts, and the retention of Britain " as an historical shrine, the European outpost of the world's empire." TOPICAL ANALYSIS 1. National and state legislatures compared. 2. Sessions of Congress ; long and short terms. 3. The Senate ; special powers ; organization : membership. 4. The House ; ratio of representation ; special powers ; or- ganization ; congressional districts ; membership. 5. The committee system ; criticism and defence. 6. Congressional legislation ; nature of the laws of the United States. 7. Powers of Congress ; express powers ; implied powers. 8. Magnitude of subjects for congressional action. QUESTIONS AND EXERCISES 1. Find the number of the Congress which was in session from 1861 to 1863. 2. How many senators did the Fifty-first Congress contain? 3. From the number of congressmen to which it is entitled find the population of this state according to the last census. 4. Mention three great statesmen who have been speakers of the House. 5. Given the membership of the House and the ratio of repre- sentation; find the population of the United States, excluding Indians not taxed. 6. Name the most important committee in the House. 7. The right to levy taxes includes what implied power? 8. Mention other subjects with which Congress may not deal. 9. Who is Lord Rosebery? 10. May one who is not a citizen of the United States ever vote for a congressman? 292 " Few American institutions are better wortli studying than this intricate judicial machinery ; few deserve more admiration for the smoothness of their working ; few have contributed more to the peace and well-being of the country/' — Bryce's American Com7nonwealth. 405. Historical. — Under the Articles of Confederation there was no national judiciary; but in its stead were thirteen sets of state courts, each having the power to interpret and apply the acts of Congress for its own locality. Obviously if there was to be formed a " more perfect union " under the Constitution, the powers granted to the new national legislature, and the laws which it should pass by virtue of them, must be construed by a single set of courts at the head of which should stand a supreme, or final court of appeal. This system of courts must be entirely separated from the state tribunals ; must have its own officers to enforce its judgments and decrees (367); and must be made independent of the legislative and executive departments, except in so far as necessary to secure on the part of the judges a faithful discharge of their duties. The first object was attained by carefully specifying (Constitution, Art. Ill, Sect. 2) the classes of subjects which were to come within their jurisdiction ; the 293 TRAINING FOR CITIZENSHIP second, by giving to Congress power to establish a com- plete system of courts with proper gradations, and pro- vided with all the necessary officers; and the third, by giving the judges a life tenure, subject only to impeach- ment by a two-thirds vote of the Senate, and a fixed salary which cannot be diminished during the judge's continu- ance in office. The territorial courts are not created by Congress under this power granted by the Constitution, but in the exercise of the general sovereignty of the United States over the territory it may possess. The judges of such courts may, therefore, be appointed for definite terms, and are removable by the President. 406. Departments Interdependent. — In order to have the governmental machine work smoothly and effectively, it is necessary that each department should be independent in its own sphere, and also that each should support the other. By combining their forces and increasing the number of judges in the Supreme Court, Congress and the President could probably secure a decision favoring their views ; but such action would very likely receive a severe punishment at the ensuing election, for the people are proud of their Supreme Court, and would tolerate no such interference without the strongest reasons. If the President and judiciary should attempt to override con- gressional action, the remedy would be impeachment. The only way in which the Supreme Court could reach the President would be by a judgment or decree (282), which its marshal would be called upon to enforce. If the President should refuse to obey the marshal, the latter must, as a last resort, depend upon the military to assist him. This the President as Commander-in-chief would not 294 THE NATIONAL JUDICIARY permit, and thus the court would be powerless. If the President should decide not to allow an order of the court to be enforced, it could not be done. A case of this kind happened in 1861, when President Lincoln refused to per- mit a military commander to be released upon a writ of habeas corpus^ issued by Chief Justice Taney. 407. United States Commissioners. — The judicial officer lowest in rank in the United States government is the United States commissioner. The law provides that each of the district courts of the United States may appoint in the district for which it is held so many discreet persons as it may deem necessary to be United States commissioners. They are authorized to issue warrants for the arrest of persons charged with a violation of the laws of the United States, and to hold them to security of the peace ; to take bail and administer oaths in any civil case where required or allowed in the circuit or district courts ; to issue war- rants for the arrest of foreign seamen, and to apprehend and to commit to jail fugitives from justice from other countries, provided an arrest is authorized by treaty with the United States. Upon the criminal side these officers are committing magistrates, with powers similar to those of the justice of the peace (192), and must keep a record of all such proceedings. Upon the civil side they have no jurisdiction; but like a notary they may take testimony for use in the district or circuit courts. The commissioners are paid by fees. 408. District Courts. — The district court is the lowest federal court in rank, and covers the smallest extent of ter- ritory, there being one or more in each state. The district judge must reside in the district, and receives a salary 295 TRAINING FOR CITIZENSHIP ranging from ;^3000 to ^5000, with no allowance for travel- ling expenses. Each court is provided with a clerk and a marshal, and as many deputies as the circumstances re- quire. There is also a district attorney, who acts under the supervision of the Attorney General (385). At least two sessions of this court are held in each subdivision of the district, and as many special sessions as the judge may find necessary. For certain purposes these courts are con- sidered open at all times. The district court has jurisdiction of nearly all crimes and offences under the laws of the United States, com- mitted upon the high seas, or within their respective dis- tricts, the punishment of which is not capital, and the trial is by jury. As a court of admiralty it has a jurisdiction well-nigh exclusive over vessels upon navigable waters, over prizes taken in war, and over all maritime contracts, which are such as relate to transactions upon navigable waters ; but the common law remedy is not taken away, and suits upon maritime contracts may also be brought in the state courts. Here also bankruptcy proceedings are brought. A bankrupt is a trader who is unable to pay his debts. The law provides that when such a debtor shall surrender all his property outside of his exemptions (39), the court may relieve him from any further liability. In criminal cases where the punishment is death an appeal lies directly to the Supreme Court ; so also in prize cases where the amount is over ^2000 ; also when the jurisdiction of the court is in issue, and when federal questions are involved ; but otherwise to the Circuit Court of Appeals. 409. Court of Claims. — This court was organized to settle 296 THE NATIONAL JUDICIARY the claims of private persons against the federal govern- ment. It consists of a chief justice and four judges, and holds its sessions at the national capital. These claims must arise upon contract express or implied, and not from a wrongful act (162). Pensions and war claims are ex- cluded. The district courts have concurrent jurisdiction where the amount does not exceed ^1000, and the circuit courts where the amount is between ^1000 and ^10,000. Heads of executive departments may refer certain classes of disputed claims to this court for settlement; but all claims will be barred by limitation if not presented within six years after the right of action accrues (213). An appeal will lie in most cases to the Supreme Court. 410. Circuit Courts. — For judicial purposes (348:5) the several states of the union are combined into nine groups, in each of which is established a circuit court (280). To each one of these circuits one of the justices of the Supreme Court is allotted, who is called the circuit justice. It is the duty of the chief justice of the Supreme Court and of each associate justice to attend at least one term of the court in the circuit to which he is attached not less than once in two years. Each circuit has two judges, and seven of them have three circuit judges, each with the same power therein as the associate justice. The salary of a judge is $7000, and he must reside within the circuit. Regular terms of this court may be held by the circuit justice, or by either circuit judge, or by any two of the judges sitting together. Cases may be tried by each of the judges sitting apart by direction of the presiding justice or judge, who designates the business to be done by each- 297 TRAINING FOR CITIZENSHIP Sessions may also be held at the same time in the different districts of the same circuit. The circuit courts have original and concurrent jurisdic- tion with the courts of the several states of all suits of a civil nature, at law or in equity (282), where the amount in dispute exceeds, exclusive of interest and costs, the sum of $2000, provided the claim arises under the laws of the United States. It has no appellate jurisdiction. It has exclusive cognizance of all capital crimes and offences arising under the laws of the United States, with a few exceptions, and concurrent jurisdiction with the district courts in other cases. Here also suits must be brought for infringements on patents and copyrights. Appeals lie directly to the Supreme Court, if there shall have been raised the question of jurisdiction, or when the penalty is capital; but not otherwise, unless the decree or judgment exceeds $5000. 411. Circuit Court of Appeals. — In each circuit there is a court of appeals, consisting of three judges, two of whom constitute a quorum. The chief justice of the Supreme Court, or the associate justice assigned to the circuit, the circuit judges within the circuit, and the several district judges within the circuit are competent to sit as judges of the Circuit Court of Appeals within their respective circuits. The supreme justice presides if he is present, otherwise the circuit judge who holds the oldest commis- sion. If there be not a full court at any time, one of the district judges may be called in. The jurisdiction of this court is wholly appellate. In criminal cases not capital the decision is final ; but where the penalty is death, an appeal lies to the Supreme Court. 298 THE NATIONAL JUDICIARY In civil cases where the matter in controversy exceeds ^looo an appeal may also be had; but it must be taken within six months after the entry of the order, decree, or judgment sought to be reversed. 412. The Supreme Court — The Supreme Court of the United States consists of a chief justice and eight associate justices, any six of whom constitutes a quorum. No final hearing of any case can be had unless a quorum be present, but a less number may make preparatory orders. Each associate justice receives $14,500 a year, and the chief justice $500 additional. The Supreme Court has original and exclusive jurisdic- tion of all controversies of a civil nature where a state is a party, except between a state and its citizens, or between a state and citizens of other states, or aliens, in which last case it has original, but not exclusive, jurisdiction. It also has exclusive jurisdiction of suits or proceedings against ambassadors, or other public ministers (394), or their domestics, so far as a court of law can have consistently with the principles of international law ; and original, but not exclusive, jurisdiction of all suits brought by ambas- sadors, or other public ministers, or in which a consul or a vice-consul is a party. It is said that the decisions of our Supreme Court on international and admiralty law are more widely cited than those of any other tribunal in Christendom. The appellate powers of the Supreme Court are given by the Constitution ; but they are limited and regulated by statute. It is essential to appellate jurisdiction that it raises and corrects proceedings in a case already begun (177). In certain cases, as when the jurisdiction of the 2Q0 TRAINING FOR CITIZENSHIP lower court is called in question, an appeal may be made directly ; and instruction upon any point of law raised before it may be asked by some of the lower courts from the Supreme Court. The Supreme Court may issue writs of prohibition (349) to district courts when proceeding as courts of admiralty and maritime jurisdiction; and writs of mandamus (289) to any court appointed under the authority of the United States, or to persons holding office under the authority of the United States, where a state, or an ambassador or other public minister, or a consul or a vice- consul, is a party. Mandamus will not issue to compel an officer to act while the political department of the govern- ment has control ; but if an officer should refuse to per- form a merely ministerial duty (271), the court would interfere. 413. Common to the Courts. — The judges of the fore- going courts are nominated by the President and confirmed by the Senate ; are appointed for life ; must take the same oath ; are prohibited from practising law ; and each is entitled to resign and receive full pay for life after having held his office for ten years, provided he has arrived at the age of seventy years. The several judges and the com- missioners may issue search warrants authorizing any officer or person to enter a house to look for counterfeit money, or for tools used in its manufacture ; or to search for and seize merchandise upon which customs duties have not been paid; or to discover frauds upon the revenue. The judges may issue the customary writs of habeas corpus (220) and others for the security of person and property, and to carry out their judicial orders ; grant new trials, and hold to security of the peace. In all the courts 300 THE NATIONAL JUDICIARY of the United States the parties may plead their own causes, or they may employ an attorney. Juries are drawn and trials are conducted after the manner pursued in the courts of the state where the trial is held. TOPICAL ANALYSIS 1. Historical; necessity for national judiciary ; general plan. 2. Departments interdependent; the courts and Congress; the President and the courts. 3. United States commissioners. 4. District courts ; organization ; jurisdiction ; appeals. 5. Court of claims ; organization; jurisdiction; appeals. 6. Circuit courts ; organization ; sessions ; jurisdiction ; appeals. 7. Circuit Court of Appeals ; organization ; jurisdiction ; appeals. 8. Supreme Court; organization; jurisdiction; supervisory powers. 9. Powers common to all the courts. QUESTIONS AND EXERCISES 1. From the Constitution find when one is entitled to a jury in a civil case. 2. Who presides when a President is tried by impeachment? 3. Why should the Supreme Court have original jurisdiction in the case of ambassadors and their servants? 4. Give an account of the Dred Scott decision. 5. Why was the Eleventh Amendment added to the Constitution? 6. What is the duty of the Supreme Court reporter? 7. Where is the district court held in this district? 8. What great service did Chief Justice Marshall render this country ? 9. Why should a judge reside within his district? 10. Who appoints the district attorney ? 301 XXXVIII MODERN TENDENCIES The Nation 414. Paternalism. — As used in Civil Government, this means that the government bears the same relation to its subjects as does the father to the members of his house- hold (34-36). The idea is that the State has not done its full duty when it has preserved the peace and left all the rest to personal initiative. A State must justify itself as an instrument for individual human welfare or it has no justification (28). Let us bear this principle in mind as we study the following paragraphs: 415. The Minimum Wage. — The world does not owe us a living, but society should be so organized as to give each an opportunity to earn one (12-2). Just what a " living " may signify will depend upon our position in society; but all agree that nourishing food, plain clothing and shelter from the elements are absolutely essential, and the minimum wage should provide these at least. Closely connected with the idea of the minimum wage, or the least amount upon which one can live respectably, is the limita- tion of hours. Legislation to hinder the overworking of women and children has been plentiful and is justified for many reasons. Old age and mothers' pensions are also important subjects, especially if in their active years they do not receive sufficient to accumulate a competency, 302 MODERN TENDENCIES 416. Menless Jobs. — It is coming to be considered within the province of the government to bring menless jobs and jobless men in touch. Locally this is done by em- ployment agencies (156), by such organizations as the Y. M. C. A., the Salvation Army and by municipal em- ployment bureaus which, in the larger cities, are very efficient. The Postoffice Department assists by causing notices to be displayed in the postoffices telling where men are needed and directs the postmaster to receive applications for work or workers. The distribution branch of the immigration service and the agricultural department also aid in this. 417. Immigration. — In our early history this country was eager for settlers and everybody was invited to come, little attention being paid to personal qualifications. Luckily the earlier immigrants were as a rule very accept- able both as to physical, mental and social qualifications. Later, however, the quality did not seem so good and the government found it necessary to enact strict laws to exclude undesirables. Everybody wants to admit the good aliens, and nobody wishes to admit the bad aliens; and if some plan could be devised that would exclude all the bad ones and admit all the good the result would be ideal. It is quite evident that to secure the best results, or even to keep the country safe from very bad results, certain tests must be made, and here there is abundant room for differences of opinion, an educational test causing, per- haps, the most discussion. 418. Strikes. — The relation between employer and em- ployed, even in its simplest form has ahvays presented difficulties; but when the employer has had under his 303 TRAINING FOR CITIZENSHIP charge hundreds and even thousands of men, these dif- ficulties are greatly increased. No longer can the individ- ual workman be dealt with directly by the head of the establishment, but this power must be delegated to super- intendents. On the other hand, the complaint or peti- tion of a single workman would be likely to receive little consideration and it has been found necessary to form unions to properly protect their interests. Sometimes these differences have been so great that the owners have closed their works and a lockout has resulted; then again, the men have refused to work and this is called a strike. In either case, all labor ceases and sometimes so much violence has accompanied these disputes that State and even National troops have had to be called in to keep the peace. 419. Arbitration. — Very often these labor disputes are settled by the parties themselves by each side making concessions, but when no agreement can be reached the settlement has been left to arbitration. In some of the great strikes the President of the United States has acted as arbitrator, and his impartiality, good judgment and the influence of his great office have been of the greatest value. If the contending sides bind themselves beforehand to accept the decision of the arbitrators the civil authori- ties can end the difficulty by the use of force if .necessary. 420. The Hague Tribunal. — This principle of arbitration has also been extended to disputes between nations, one of the most striking examples of this being the Geneva Award. So desirable is it for nations to avoid war that an international court has been established at The Hague before which a nation can present its claims and great 304 MODERN TENDENCIES good has already been accomplished. Encouraged by the success of this Tribunal peace congresses have been held and peace treaties have been formed whose aim has been to avoid all wars. The difficulty is that there is no inter- national police to enforce the decisions of the one or the solemn pledges of the other and hence the decisions of the Court and the provisions of the treaty have only the force of recommendations. 421. The Panama Canal. — The completion of the Panama Canal in 191 4 was an event looked upon with pride not only by Americans but by the whole world, and it is cer- tain to have great influence upon the world's history. The idea of connecting the two oceans by a canal across the Isthmus of Panama is as old as the sixteenth century, but it was not until the United States government took over the project that it was accomplished. Its comple- tion at a cost of nearly $400,000,000, was celebrated in 191 5 by two great expositions in California. This canal does away with the dangerous voyage around Cape Horn, gives easy access to ships from New York and the Old World to the West coast of North and South America, greatly lessens the freight charges, and makes it possible for our battleships to protect both coasts. 422. Pan-American. — Not the least among the advantages the Panama Canal is expected to have is the direct influence upon the nations of South America. It has never been the poHcy of the United States to seek- to increase its terri- tory by conquest, but it has always desired to see all of the Western hemisphere at least have a repubhcan form of government, and its statesmen long years ago announced that this nation would consider it an unfriendly act for 305 TRAINING FOR CITIZENSHIP any nation of Europe to attempt to increase its territories on this continent. This is called the " Monroe Doctrine." It has always been our policy to cultivate the most friendly relations with the South-American republics, and to ex- tend and cement their friendship a Pan-American bureau was established at Washington to which all the nations in the New World belong. TOPICAL ANALYSIS 1. Paternalism. — The State an instrument for human wel- fare. 2. The minimum wage, old age pensions. 3. Menless jobs. — Methods of obtaining employment. 4. Immigration. — Exclusion laws. 5. Strikes. — Settlement of labor difficulties. 6. Arbitration as applied to labor and capital. 7. The Hague Tribunal. — International police force and peace treaties. 8. The Panama Canal. — Influence on trade relations. 9. Pan-Americanism. — The Monroe Doctrine. QUESTIONS AND EXERCISES 1. What would be a good living for one in your state of life? 2. Compare the requirements of two social sets. 3. How does the United States government advertise for volun- teer men? 4. Where and what is Ellis Island? 5. Mention some of the qualifications of a desirable immigrant. 6. Contract laborers and paupers are not admitted. Why? 7. Should an owner be the complete master of his own business? 8. Give an account of the settlement of the anthracite coal strike. 9. What dispute did the Hague Tribunal settle about Venezuela? 10. What part dixi Japan take in the Panama exposition? 11. When and where was the first Pan-American Congress held? 306 MODERN TENDENCIES 12. Debate the following: It is the duty of the Government to engage in any activities, even of a business nature, which are de- manded in the interest of all the people of the country, when it is impossible to engage private capital in such operations. Social Tendencies 423. Credit. — A millionaire has been defined as one who can borrow a million dollars. Absurd as this defini- tion is, yet it contains an important truth, for credit is the life blood of business. No matter whether the busi- ness be carried on by an individual or by a great corpora- tion like the railroads, if it be of any considerable size, there are times when credit must be used. The farmer has to borrow to grow and market his crops, the merchant must have credit to purchase his stock of goods, the rail- road to buy new equipment and to extend its lines. 424. Sources of Credit. — The most natural place for a business man to borrow is at his bank (151). If the bank does not have sufficient funds for its demands, it will often borrow from another bank. At certain seasons it is impossible for country banks to obtain enough local money for the needs of the community, and they must depend upon correspondent banks in the great cities, principally New York City. If now these banks refuse to loan, business is crippled and sometimes even panics follow. 425. Federal Reserve Banks, — Except in times of war the Treasury of the United States always has had vast sums of money in its vaults not available for loans, except as the Secretary of the Treasury would deposit with the banks in the larger cities to be distributed by them to the country 307 TRAINING FOR CITIZENSHIP banks. This method of distribution proved to be in- adequate and unsatisfactory. In order that sufficient funds might always be available a Federal Reserve Bank was established in twelve different cities of the Union where the Treasury could dispose of its funds. These banks may be described as bankers' banks, for the stockholders consist of the national banks, and such state banks as see fit to take stock. At this Federal Reserve Bank the mem- ber banks can rediscount their notes obtained from their customers, provided they were given for agricultural, commercial or industrial purposes. As there is practi- cally no limit to the funds which the national government can furnish, any particular locality should be able to obtain through its banks the money to carry on its business. 426. Public Utilities. — It is almost impossible for us to conceive of a great city that does not have gas, electricity and railroads, and because everyone uses them they are called pubHc utilities. Sometimes they are owned by the cities themselves, but ordinarily by corporations, which are allowed to charge fixed rates for services rendered. All agree that this rate should be sufficient in amount not only to pay the actual cost of production but enough more to pay a reasonable interest upon the capital in- vested. The fixing of these rates is, however, not an easy matter because it requires special knowledge which no Common Council can be expected to possess. For this reason, if for no other, these rates have in many instances been delegated to commissioners appointed by the State, who after Hstening to the representatives of the corporation and experts arrive at a decision as to what is just and reasonable. 308 MODERN TENDENCIES 427. Conservation. — During our early history our laws made it very easy for anyone to acquire land and with the land went everything on the surface to the sky and all below the surface to the middle of the earth. This meant the timber, the water and the mines (124). In the course of time, far-seeing men acquired vast quanti- ties of land from which were mined oil, coal, iron, lead and all the precious metals, and vast fortunes were made from the monopolies thus created. After a time the government woke up and withdrew these valuable lands from the market to conserve their products for the whole people, and now allows the mines to be worked, the timber to be cut and the waters to be used for electrical, manu- facturing or irrigation purposes only under strict regula- tion for which payment must be made. 428. Irrigation. — West of the Mississippi River there are vast stretches of land which would be of little or no value if they were to depend for their moisture upon the annual rainfall. Instead of four seasons more or less well marked, the year is really divided into two, called the wet and the dry, and for six months at a time very little or no rain falls. Much of this land is exceedingly fertile and would produce immense crops if only it could have plenty of water during the growing season. To furnish this private corporations first, and later the government have con- structed in the mountains vast reservoirs, or artificial lakes, in which to store the water in the winter, which in the summer is conducted to the lands upon the plains below by artificial canals. Millions of acres have thus been reclaimed, which furnish homes for thousands of people. 309 TRAINING FOR CITIZENSHIP 429. Agriculture. — Nothing equals in importance the food supply of the nation. Not only must it be plentiful and of good quality, but it must be reasonable in price so that it may come within the means of the common laborer. Yet the farmer must also receive a price sufficient to enable him to produce profitably the food material. Our state laws seek to secure this and our agricultural colleges and the Department of Agriculture at Washington, endeavor in every way possible to discover methods of increasing the yield and to create enthusiasm among the farmers themselves. Corn clubs, canning clubs and various other kinds of clubs are formed to arouse the interest of the young people and the prize winners in contests have been given free trips to Washington. The ofiice of farm advisor has also been created in many countries whose duty it is to give the farmers the benefit of the latest dis- coveries, scientific and otherwise. Experiment stations also issue bulletins describing their experiments, and these may be had for the asking. 430. Moral Reforms. — There is a growing tendency to seek moral reforms at Washington instead of through the state governments. For years some of the states have had a clause in their constitutions forbidding the sale of spirit- uous liquors, but now there is a strong effort to have an amendment of this kind to the national Constitution. The same remarks are true as to the question of Woman Suffrage. Such legislation as this by Congress tends strongly towards centralization of power, and is opposed by those who think such legislation should be confined to the states. 310 MODERN TENDENCIES 431. Benevolent Foundations. — As a means for the dis- tribution of charity, both state and national governments are important factors. Their immense resources enable them to render prompt assistance upon the happening of such great calamities as the Messina or San Francisco earthquakes, or to reheve the dreadful sufferings of the Belgians in the war of 1914. Laws are also passed enabling men of great wealth to make foundations for the systematic rehef of suffering, for the advancement of science, or for pensions to teachers. Such are the Rockefeller and Car- negie Foundations. TOPICAL ANALYSIS 1. The necessity for credit to the business man. 2. The circulation of money. 3. The Federal Reserve Bank. — A bankers' bank. 4. Public utilities. Government commissions. 5. The conservation of public resources. 6. Irrigation systems in State and Nation. 7. New departments in agriculture. 8. Moral reforms. — Drift towards national legislation. 9. The nation as an agent for charity. Benevolent founda- tions. QUESTIONS 1. In what season do the banks in your section have the greatest demand for loans? 2. How would the refusal of the New York banks once have caused a panic? 3. In practice would one of your banks borrow heavily from the Federal Bank? 4. Locate the Federal Reserve Bank in your district. 5. Is there a coal trust? 311 TRAINING FOR CITIZENSHIP 6. What are overhead charges? 7. Give a description of the Roosevelt dam. 8. Estimate the value of the leading crop in your community. 9. In what states may women vote? 10. Should the State appoint a commission to assist in the market- ing: of the farmers' products? 312 APPENDIX A FORMS FOR A CIVIL CASE IN A JUSTICE'S COURT As the purpose in conducting a class exercise in a civil case in a justice court is to make the pupils familiar with the local usage, it will be better to procure forms of some justice of the peace in the vicinity. For such as are unable to do this, the following forms are given : — No. I. SUMMONS In the Justice's Court of Township (or Precinct), County of , State of . 1 Plaintiff, VS. Summons. Defendant. Action brought in one of the Justice's Courts of Town- ship, County of , State of In the name of the People of the State of . To , Defendant, Greeting: — You are hereby summoned and required to appear in an action brought against you by the above-named plaintiff in one of the Justice's Courts of Township, in and for the County of , in the State of , and answer to a declaration filed in said Justice's Court, on the day of , 19-., or judgment by default will be entered against you. Given under my hand at , this day of , ig... Justice of the Peace for said Township. 313 TRAINING FOR CITIZENSHIP No. 2. DECLARATION (COMPLAINT) In the Justice's Court of Township, County of State of . Plaintiff, VS. Defendant. Plaintiff above named files this declaration against the above-named defendant, and alleges : — Firsts that plaintiff is a resident of County, State of , and that defendant is a resident of Town- ship in said County. Second, that on the day of , 19--, defendant became indebted to plaintiff in a large sum, to wit, the sum of Dollars ($ ) for ten thousand feet of beech and maple logs, sold and delivered to said defendant by , agent for plaintiff. Wherefore plaintiff demands judgment for $ , with interest and costs of suit. Attorney for Plaintiff. No. 3. RETURN OF SUMMONS I hereby certify and return that I received the within summons on the __. day of , 19--, and that I served the same on the defendant named therein on the day of , I9__, by showing him the original and delivering to him a copy thereof at in said County. Fees, % , Constable. 314 FORMS FOR A CIVIL CASE No. 4. FORM TO AUTHORIZE ONE NOT A CONSTABLE TO SERVE A SUMMONS In the Justice's Court of Township, County of State of Plaintiff. VS. Defendant. On the request of the within named plaintiff, and deeming it expe- dient so to do, I hereby empower , who is a person of lawful age, and not a party to or interested in the suit, to execute the within process. Township, , 19--. Justice of the Peace. The Jury. No. 5. AFFIRMATION OF CONSTABLE You do solemnly affirm, that in the suit now pending before me wherein A B is plaintiff and C D is defendant, you will select according to your best judgment, and without favor or partiality to either party, the names of eighteen inhab- itants of this County who are qualified to serve as jurors in the County Court, and in nowise of kin to the plaintiff or defendant, nor inter- ested in said cause, from whom to form a jury for the trial of said cause. 315 TRAINING FOR CITIZENSHIP No. 6. VENIRE In the Justice's Court of Township, County of , State of To any Constable of said" County, Greeting : — In the name of the People of the State of , you are hereby required to summon A B , C D , E F ,G H ,1 J , and K L , to appear before the undersigned, one of the Justices of the Peace of the Township of , in said County, at in the noon, to make a jury for the trial of an action wherein A B is plaintiff and C D is defendant. And have you then and there this precept. Given under my hand, at the Township aforesaid, the day of , 19— Justice of the Peace. No. 7. RETURN OF VENIRE I certify that, by virtue of the within precept, I have personally summoned each of the several persons therein named, to appear at the time and place mentioned. Dated, > ^9--* Constable. No. 8. AFFIRMATION OF JUROR ON CHALLENGE You do solemnly affirm that you will true answers make to all such questions as may be asked in relation to your competency as a juror, in this action between A . B , plaintiff, and C D , defendant. No. 9. AFFIRMATION OF JURORS BEFORE TRIAL You do solemnly affirm that you w^ll well and truly try the matter in difference between A B , plaintiff, and C D , defendant, and unless discharged by me, a true verdict give, according to law and evidence. 316 FORMS FOR A CIVIL CASE No. 10. AFFIRMATION OF CONSTABLE ON TAKING CHARGE OF THE JURY WHILE DELIBERATING ON A VERDICT You do solemnly affirm that you will keep the persons sworn as jurors on this trial apart in some private and convenient place ; that you will not communicate with them yourself, either orally or otherwise, nor suffer any one else to do so, unless by my order ; and that you will not, before they render their verdict, communicate to any person the state of their deliberations, or the verdict they may have agreed upon. No. II. SUBPCENA In the Justice's Court, Township, County of State of Plaintiff. VS. Defendant. To - , Greeting: — In the name of the People of the State of , you are com- manded to appear personally before me, a Justice of the Peace of Township in said County, at my office, on the day of , 19--, at o'clock in the noon of that day, to testify the truth according to your knowledge in the above entitled cause. Hereof fail not at your peril. Given under my hand, at -__ the day of , 19--. yustice of the Peace. No. 12. AFFIRMATION OF WITNESS You do solemnly affirm that you will testify the truth, the whole truth, and nothing but the truth relating to the cause now pending before me, wherein A B is plaintiff and C D is defendant. 317 APPENDIX B CONSTITUTION OF THE UNITED STATES OF AMERICA We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and estabUsh this Constitution for the United States of America. ARTICLE I Section I. All legislative powers herein granted shall be vested in a Con- gress of the United States, which shall consist of a Senate and a House of Representatives. Sect. II. i. The House of Representatives shall be composed of members chosen every second year by the people of the several State's, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. 2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers,. which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one repre- sentative; and until such enumeration shall be made, the State of New Hamp- shire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five. New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five. South Carolina five, and Georgia three. 4. When vacancies happen in the representation from any State, the ExeC" utive authority thereof shall issue writs of election to fill such vacancies. 319 TRAINING FOR CITIZENSHIP 5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment. Sect. IIL i. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall have one vote, 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation or other- wise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Sen- ate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the Presi- dent of the United States is tried, the Chief Justice shall preside : and no person shall be convicted without the concurrence of two thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States : but the party convicted shall never- theless be liable and subject to indictment, trial, judgment and punishment, according to law. Sect. IV. i. The times, places and manner of holding elections for Sena- tors and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regula- tions, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in ever'' y«ar, and such meet- ing shall be on the first Monday in December, unless th tempore, 322, 337. Primaries, — good citizens and, 11. nominate delegates, 25 1 definition, 259. method of conducting, 260. Prime Minister, 375. duties of, 378. Prisoners, — method of arrest, 190. resistance by, 190. admitting to bail, 191. arraignment, 192. attorney for, 193. preliminary examination, 193. trial, 193. sentence, 194. indictment of, 220. county attorney and, 295. Prisons, — necessity for, 12. discipline in, 26. constitutions and, 313. military, 394, 3. Private law, — definition, 160. in territories, 302. Private property, — right of, 8, 114, 143. nature of, 114. protection of, 158. socialists opposed to, 28, 3. in territories, 304. regulated by state, 346. Probate court, — purpose of, 281. appeals from, 349, 2. rank and number, 348, 2. Procedure in courts, — territorial, 302. Supreme Court regulates, 351. in U.S. courts, 413. Profit, — socialists oppose, 28, 3. essential to partnership, 147. political parties and, 258. Prohibition, writ of, 349. Promotion, definition, 149. Property, — private, 8. law of, 16. . in common, 31, 37, 74. real and personal, 125. community, 131. obtaining possession of, before suit, 180. Protective tariff, 28, 2. Public acts, nature, 342. Public domain, — for schools, 42. in original states, 62. cessions to Congress, 63, 301. disposal of lands in, 64. survey of, 65. acquiring lands in, 73. Ordinance of 1787, 224, Indian reservations in, 386, 4. Public lands for railroads, 28, 2; 64. Public law, — definition, 160. in territories, 302. Public men, influence, 227. Public office, definition, 271. Public officers, — exempt from jury service, 17. identical duties in city and county, 235 Public policy, considerations of, 123. Public schools, taxation for, 40, 51. Public sentiment and police, 5. Pubhc service, definition, 369, 1. Punishments, — corpora], 35, 48. in navy, 395. Purchase, title by, 132. Pure democracy, — definition, 20. example of, 80. Quarantine, — in townships, 96. in states, 332. Quit-claim deed, definition, 133. Quorum, — legislatures, 335. 349 INDEX Quorum, — election of President, 373. election of Vice-President, 374. U.S. Senate, 374. U.S. House, 273- Quo warranto, purpose of, 349. Railroads, — government lands, 64, 73. stock exchanges, 150. commissioner of, ;;'3i. Ratio of representation, — county convention, 260. legislative, 336. congressional, 399, i. Real estate, definition, 128. Real property, — township, 96. definition, 124. interest in, 128. title to, 132. registration of, 136. county may own, 247. Records, — examination of, 90. kept by clerk, 90. delivered to successor, 113. Recount of votes, 270. Referendum, 315. Register of deeds, county officer, 276. Registration, board of, — duties in townships, 98. meeting of, 105. Registrations, — deeds and mortgages, 136. chattel mortgages, 145. Religion, — cloak for crime, 9. necessity for, 12, i, 4. influence on laws, 218. Religious belief and worship, 9. Religious organizations, township 79- Reporter, Supreme Court, 352. Reports, Supreme Court, 350. Representatives (state) , 336, 338. Republic, definition, 20. Republican party, 254. Reputation, — right to, 6. protection of, 158. damages for injury to, 162. as, Revenue of national government, 1180 Requisition papers, 320, 4. Review, board of, — township, loi. county system, 103. supervisors as, 251. Revolutionary War, 354 ; 355, 3. Revolutionist, anarchist as, 28, 5. Rhode Island, — counties of, 248. salary of governor, 321. pay of legislators, 339. Rights,— individual, p. i. inalienable, p. i. absolute, 4. value of, 10. economic, 18. reciprocal with duties, 55. passive and political, 304. Ring, political, — definition, 258. in administration, 375. Riots,— sheriff to quell, 272. governor orders militia, 320, 2. Rivers and harbors, 382. Road districts, — township, 92. county system, 94. in N.E., 244. Rosebery, Lord, on U.S., 414. Sale, — definition, 117. transfer by, 132. a contract, 140. personal property, 144. bill of, 144. Saloons, — location, 55. licenses to conduct, 313. Savings banks, — definition, 151. feature in building and loan, 155, School, — history of, 41. N.E.,42. School, — support of, 42, 51, 224. definition, 44. trustee, 47. 350 INDEX School, — Middle Ages, 48. regulations, 49,313. accredited, 50. lands, 64. Philippines, 301. Indian, 391, 2. U.S. army, 394, 4. Schoolboard, — duties, 46. in cities, 238. School district, — definition and size, 45. political division, 76. formation, 102. length of school, 277. School inspectors, 102. county system, 103. School officers, — election, 46. removal, 97. appointment, 102. right to vote for, 130. School superintendent, — • county officer, 102. school inspector, 103. general duties of, 277. judge of probate as, 281. local state officer, 319. Sciences, — law of physical, 17. Search warrants, 413. Secretary of Agriculture, 387. Secretary of Interior, 386. Secretary of Navy, 383. Secretary of State, — state, 323, 325. U.S., 380. Secretary of Treasiiry, 381. Secretary of War, — duties of, 382, 384. reports to Congress, 379. Philippine Commission and, 301. Secret service, 381. Sections of land, — in Michigan school district, 45. survey, 71. description, 72. Selectmen, board of, 87, 2. Self,— support, 12. control, 60. Self,— defence, 158. Senate (state),— aids governor, 320. court of impeachment, 323. advantage over house, 337 ; 398, it Senate (U.S.), — may defeat treaties, 369, 5. Vice-President and, 376. and appointments, 389. elects Vice-President, 398, 3. committees, 398, 2. composition, 398. vacancies filled, 398, 3. Senatorial courtesy, 389. Senators (state) , 336, 337. Senators (U.S.), — not to be state officers, 367, 4. election and qualification, 398, 3. Sentence of court, 194. Servants in the family, 31. Shakers, communists, 28, 4. Sheriff,— origin of title, 243, 272. powers of, 272, assistants of, 273. officer of circuit court, 292. local agent of state, 319. election state officers, 325. Silver, — as money, 119, 122. demonetized, 120. certificates as money, 121. Slang, avoidance of, 61. Slate, in caucus, 259, Slaveholders, power of, 7. Slavery, — in Northwest Territory, 63. in Western Territory, 63. disputes over, 358. in Constitution, 362, 2, 3. Slaves, — definition, 7, Emancipation Proclamation, 225 in Southern colonies, 245. importation of, 362, 3. Smithsonian Institution, — independent department, 388. purpose of, 391, i. Social duties, 12, 4. compact, 19, 222. customs, 215. INDEX Socialists, aim of, 28, 3. Society, — organized, 4. aim of, 9. and law of property, 16. Solicitor General, 385. South Carolina, — liquor laws of, 215. counties in, 248. continental union, 355, 3. South Dakota, initiative, 314. Sovereignty (state), — meaning of, 307. limited by Constitution, 354. Continental Congress and, 357. Speaker of House, — state, 338. U.S., 399, 3. Spoils system, 390. State,— as organized society, 4, prescribes business rules, 27* definition, •j'j, 306, 361. sheriff as officer, 272. admission of new, 305. division of, 305. sovereign, 307. boundaries of, 308. combination of counties, 316. machinery, 316. business association, 318. local agents of, 319. jurisdiction over personal property, 358. and nation, distinction, 367. State board of education in California, so- State, executive department, — definition, 21. governor as chief, 320, i, subordinates, 324. State institutions, — control of, 332. oversight, 340. State lands, — patents for, 325. sale for taxes, 327. State party and constitution, 361. States, original thirteen, — • ceded lands to Congress, 63. system of surveys in, 65. States, original thirteen, — boundaries of sections, 72. extent of territory, 301. powers of, 309. change from colonies, 355. local affairs in, 355. separating influences, 358. unifying influences, 359* Statute law, — defined, 25. how made, 341. Statutes of limitation, 213. Steamship companies, subsidie*, a8,3i Stenographer, duties of, 293. Stock, — shares, 148. listing on exchange, 150, Stock Exchange, 150. Strict-constructionists, — political views of, 28, 2. political party, 403. Subordinate boards, — township, 95. appeals from, 95. city, 238. county, 253. Subpoena, — definition, 181. service, 181. Suffrage, right of, 85. Sugar factories, bounties for, 28, 2. Suit at law, — duty to maintain, 12, 3. minor and next friend, 58. highway commissioner may bring 92. for personal property, 137. collect certificate of deposit, 151. must be timely, 162. plead one's own case, 173. defined, 173. trial of, 182, against county, 252. against state, 252, 409. files preserved, 280. Summons, — definition, 179. issued, 195. service and return, 196. Superintendent public instruction, — teachers and, 50. states, 329. zs INDEX Superintendent public instruction, — territories, 303. Supervisors, board of, — assist to form township, 78. county system, 103. composition of, 250. judicial powers, 270. circuit judge and, 286. Supreme Court (U.S.), 412. interprets Constitution, 363. Attorney General in, 387. President and, 408. Supreme court (state), — and circuit court, 185. decides question of law, 349. jurisdiction and power, 349. regulates lower courts, 350. administrative ofificers of, 353. decisions of other state courts, 350. Supreme court, — • territorial, 303. Talesmen, — definition, 203. circuit court, 285. Tammany, political club, 358. Taney, Chief Justice, 406. Tariff, — protective, 28, 2. definition, n8. Taxation, — definition, 123. extent, 316. Taxes, — public school, 40, 42, 51, assessed in township, 89. assessed in county unit system, 94. board of review and, loi. direct and indirect, 123. collector of county, 275. paid to state treasurer, 326. state, how apportioned, 327. railroad, 331. state equalization, 332. Tax law, method of enforcing, 21. Teacher, — defined, 44. authority of, 48, 84. examination, 50. support by taxation, 51. «ire for children, 53. Teacher,— certificate of, 50, 329. free from jury service, 176. Teachers' agencies, 156. Territorial courts, — appeals from, 303. appointment judges, 303. district, 303. justices, 303. supreme, 303. constitution and, 405. Territorial expansion, 297, Territories, — historical, 301, American, 301. constitution of, 303. Territories organized, — government in, 302. scope of legislation, 302. executive and judicial, 303. local life, 304. admission as states, 305, 311. Texas, — not a territory, 301. two supreme courts, 349. Three departments, 21. separation into, 84, 365, 368. territories, 302. states, 311. nation, 368. Timber Culture Act, 73, 3. Title and guarantee companies, 154. Title, personal property, 139. shown by possession, 140. quality of, 143. transfer by sale, 144. Title to real property, 132. examination, 136. certificate of guaranty, 136, 154. shown by written instrument, 139. Attorney General U.S. reports on, 385. Tobacco as money, 119. Town board, — duties of, 87. chairman, 89. clerk, 90. audits accounts, 91. legislation duties, 95, 96. judicial powers, 97. election inspectors, 99. appeal to circuit court, 348. 353 INDEX Town meeting,— influence of, 81. date of holding, 83. clerk, 90. Township, — congressional, 66. judicial. See judicial township. Township, civil, — origin, 74. definition, 76. political unit, tj. birth of, 78. civil and religious organization, 79. county unit and, 83. charters of, 86. distribution of powers, 87. purchase of property, 96. court of, 173. settlers in N.E., 244. Township clerk, — duties of, 90. clerk board registration, 98. clerk board election inspectors, 99. Township officers. See officers of town- ship. Township politics, — party manager, 256. duties of manager, 256. Township schools, — support in Massachusetts, 42. Treason, definition, 166. Treasurer, — township, 91. bonds furnished by, 91, 326. county, 275. local agent state, 319. approval of bonds, 327. U.S., 381. Treasury notes as money, 121. Treaties, — state cannot make, 307. Congress and, 369, 3 ; 369, 5. President negotiates, 369, 5. Secretary of State and, 379. for fugitives, 320, 4. Senate's assent, 398, i. Trelawney, song, 226. Trespasser, defined, 10. True bill, 193, 284. Trust companies, 157. Trusts, definition, 157. Tuition schools, 41. United States, definition, 307. Venire, definition, 201. Verdict, — definition, 183. criminal cases, 193. civil cases, 211. Veto, — mayor, 236. compared with referendum, 315. governor, 320, 3, bills that may receive, 341. Presidt-nt, 369, 3. Vice-President (U.S.),— elective office, 367, 3. duties and choice, 374, 398, 2. salary, 374. Village, — definition, 77. origin, 229, 231. incorporation, 230. township features, 233. national features, 233. courts of, 239. plots filed, 327. Virginia, — plans of imion, 362, i. Voting, — method, 107. Australian system, 304. Wages, exempt from execution, 39, Wampum as money, 119. War Department, — secretary, 382. business, 382. Wards in city, 236. party managers in, 255. Warrant. See civil warrant. Warrant, — search, 413. definition, 189, U.S. commissioner may issue, 407, Warrant officer, 395. Warranty deed, 133. Water, property in, 126. Weapons concealed, 313. Weather Bureau, 387, 2. Weights and measures, 326. Western Reserve, 63. 354 INDEX Western Territory and slavery, 63. Wife, — consent to sale of homestead, 38. sign mortgage, 134. not to testify against husband, 181. Wild animals, property in, 127. Will,— child may be disinherited, 37. transfers property, 132. dying without, 224. in sister states, 353. Will,— not U.S. law, 401. Witnesses, — not against self, 181. compelled to testify, 181. Writers and inventors, 228. Writs of error defined, 288. Wrongs, public and private, 160. Youth, period of, 54. personal habits, 6£. ADDITIONS TO INDEX Banks, Federal Reserve, 425 City, managers, 242 (d) cooperation, 242 (g). Conservation, 427 Credit, 423 sources of, 424 Foundations, benevolent, 431 Government, by Commission, 242 Hague (The) Tribunal, 420 Immigration, 419 Irrigation, 428 Panama Canal, 421. Pan-American bureau, 422. Paternalism, 414. Public Utilities, 426. Strikes, 418, 419. Unemployed, the, 242 (e), 416. Wage, minimum, 415. Woman Suffrage, 430. 355