SIGNIFICANT TENDENCIES IN RECENT STATE ADMINISTRATIVE REORGANIZATION BY WILLIAM CORNELL CASEY A. B. The James Millikin University, 1916 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN POLITICAL SCIENCE IN THE GRADUATE SCHOOL OF THE UNIVERSITY OF ILLINOIS, 1922 URBANA, ILLINOIS CL UNIVERSITY OF ILLINOIS THE GRADUATE SCHOOL 1 HEREBY RECOMMEND THAT THE THESIS PREPARED UNDER MY BE ACCEPTED AS FULFILLING THIS PART OF THE REQUIREMENTS FOR Recommendation concurred in* Committee on Final Examination* \ •Required for doctor’s degree but not for master's / ' -! o O. O 1 4 • i>'o «./* Digitized by the Internet Archive in 2016 https://archive.org/details/significanttendeOOcase TABLE OF CONTENTS I-Introduction II-Messages of the Governors III-fteports of the Efficiency and Economy Commissions IV-Seseion Laws V-Conclusions 1 JF INTRODUCTION To one who has elected to examine the almost interminable bibliogra- phy of state administrative reorganization in the United States, there comes a conviction that any additional pages of his must carry their own justifica- tion in a distinct and novel purpose. On the other hand the voluminous char- acter of these sources carries its own opportunity. From the numerous propos- sals and counter proposals representing divergent views, and for the most part confirmed by a variety of legislative acts as various as the common- wealths which formulated them, there comes the inevitable question: Is this administrative readjustment a random experimentation, or are fundamental prin- ciples at work beneath it all— and if so, whither are they leading? I have three convictions as to the chief purposes in any study of ad- ministrative reorganization: (1) That it should endeavor to determine either the presence or absence, or the force or neg- ligible qualities of certain discoverable causes. Such a study would be valuable, even though it should disclose no such causes; for the variations, themselves, arising out of random experimenting in some thirty-eight commonwealths should serve the purpose in the science of politics they serve in any science in which the workable and desirable variations are selected and propagated. (2) That it should endeavor to determine with * . reasonable preciseness these causes. (3) That these causes are to be determined pri- marily by a comparative study of a wide range of specific particulars in accordance with a few basic standards of appraisement. I am aware of the healthy pessimism about such orderly processes which these convictions imply in things political. Herbert Spencer's deduction that a large proportion of th6 acts of Parliament have results, different from those intended, has force to-day as when he wrote it. Even Thomas's conviction that social and political evolution, rather than proceeding from events designed, has been but a series of adjustments to crises as they have arisen may be said to hold true in the political field more certainly and for a longer time than in any other. But the circumstances surrounding state administrative reorganization in the commonwealths, on the whole, are novel in this respect: they represent a larger degree of expert investiga- tion, analysis, classification, and application of findings by specialists than that which generally characterizes readjustments •*> augmented in the American commonwealths by the tangible, technical character of the results which can be observed in the several commonwealths, and the opportunity for a friendly exchange of findings by interested agencies in easy proximity. In a word, I think it can be reasonably determined whether administra- tive reorganization in the United States is distinctly cumulative, whether the best features worthy of survival are to be found in the piecemeal re- organization acts of 1921 in purer form than in the administrative codes, say, enacted in the first flush of wholesale reorganization. Even were this . , . « • * 1 t . 3 not true, a study of tendencies in this field would be valuable though it did nothing more than point out in what particulars the findings of special- ists were disregarded in recent reorganization measures, to what extent, and why* The method back of this paper is purely inductive. I began with the particulars of reorganization as found in the three chief sources: governors' messages, investigations and reports of efficiency and economy commissions, and the statutes themselves. My conclusions followed rather than preceded this study. I should confess, however, to a leaning toward a policy of piecemeal, gradual reorganization. But I should point cut also that such a bias on my part tended to be offset by an opposite one in those advocates of a more complete reorganization who often passed over very excellent fea- tures and significant tendencies in piecemeal acts with some such criticism as this of recent California legislation. "What was done in California in 1921 amounted to little more than a somewhat elaborate attempt to seem to do something without doing it. So far as they go, the changes are in the right direction, but they cover only a few services and make no drastic changes as to these. A situation which demanded a radical operation has been treated with a poultice."* To go behind such a criticism and others like it in an endeavor to discover tendencies which when viewed in the light of a general movement become extremely significant, represents the method of this paper. It is, in other words, a search for those signif- icant tendencies in recent state administrative reorganization which may reveal certain fundamental principles or standards for the purpose of ap- praisement. 1 Thomas H. Reed, "Administrative Consolidation in California," The American Political Science Review , November, 1921. . . - * ' * 4 Take the writings of those executive agents themselves, the governors of the commonwealths. It seems there is no one message nor group of them for any single year which taken by itself could be said adequately to indicate these fundamental principles or standards. Certainly Governor Brown of New Hamp- shire in his message of 1921 gave little indication of such principles when he said: M The departments are efficient and the institutions well managed. I do not for the moment recommend any changes in their organization." Nor was there any evidence of these principles in the action of Governor Miller of New York who vetoed in 1921 a seemingly admirable consolidation plan. On the other hand, there do seem to be evidences of certain principles at work in the examples of those intrepid executives of Ohio, and Washington, who, in the same year following the precedent set by the governors of Illinois, Idaho, and Nebraska, belied any charge of executive complancy toward exist- ing arrangements by the relatively sweeping administrative reorganization acts they forced through. To a less emphatic degree, though not to be underestimated, there is the example, finally, of those more conservative governors of California, Pennsylvania, Missouri, Michigan, and Minnesota whose piecemeal recommendations are even more comprehensive and effective in the conspicuous features of reorganizations they bring about. Take the recommendations of those expert commissions on efficiency and economy in more than half the commonwealths who are utilizing them. What do they show? What considerations shaped their proposals which the surface variations do not reveal? If order and direction in administrative reorgani- zation are to be found at all, is it reasonable to expect in these a consist- ency of findings which will point the way? And what of the legislative acts themselves? Varying as they do in . . ' • V • 5 the score or more commonwealths where administrative systems have been mod- ified in whole or in part, are there here, too, common principles at work molding the course of events? In other words, is current administrative re- organization in the American commonwealths a piecemeal, haphazard process, or is it orderly, consistent, progressive— a movement which can be gauged, whose causes can be discovered, whose bearings determined, and whose general direction with reasonable certainty predicted? following these general considerations, the paper fails into four parts: Recent tendencies as revealed in I- Mes sages of the Governors II- Inveatigations and Reports of Efficiency and Economy Commissions III- Session Laws of the Commonwealths IV- Conclusions Since the search for tendencies called for a comparative method in point of time as well as in the nature of the proposals themselves, I classified as recent, those sources: governors' messages, reports of commissions, and ses- sion laws issued since 1917. I endeavored to consult every such source as it related to the general subjeot of administrative reorganization* In those sources appearing before 1917, I felt that a study of a limited number of type sources would serve the purpose of setting up a comparative basis* In a series of exhibits or tabulations at the end, I am including detailed sur- veys of findings. • • ' r 1 • ■ " . 4 | 6 II-MESSAGES OF THE GOVERNORS 1 . 1. When Governor Cox in hie message of 1921 to the General Court of Massa- chusetts recalled that twenty years before one of his predecessors had pre- dicted a state tax of $2,000,000 unless strictest economy were practiced, and then contrasted with that prediction the budget of $38,760,000 in the first year of his own term,** he put his finger on an emergency which a decade before had set in motion the first agencies for reorganization of the admin- istrative departments of the American commonwealths. In other words, the problem confronting the Commonwealth of Massachusetts in 1921 was (1) A phenomenal increase in state expenditures (2) A program of gradual assumption of new func- tions which had definitely committed the commonwealth to this unparalleled increase* (3) The necessity of adjusting a relatively sta- tionary income to the increased outgo* (4) A correlation and effective supervision over all departments of spending agencies before 2 such adjustment would be possible. What was true of Massachusetts in 1921 the messages of that year would indicate to be true of the commonwealths quite generally, in that the same 1 pp. 5,6. 2 Governor Groesbeck of Michigan, 1921, reports that the taxes for 1919 and 1920 were almost double the highest amount ever previous- ly collected for state purposes and yet a deficit of approximately six million dollars remained at the close of the year 1920* He points out that the capital outlay requests for 1922 alone (includ- ing purchase of lands, new buildings, and equipment) will exceed the total state tax for the year 1920. pp. 5, 6. , . ■ . stress on fiscal arrangements appeared in the executive messages of thirty- five of them. ^ It became the governors' problem of the first instance. Or as Walter *’• Dodd, writing in the August, 1921, number of the Journal of the American Bar Association states it: "The problems of state administrative reorganisation are the most pressing ones in the field of state government, for the administrative organization is the permanent machinery for doing the state's work, and through the executive department the bulk of state expendi- 4 turee is made." be it to the credit of the governors, that although working under the classic limitations of state executive departments: short terms, a disin- tegrated and decentralized administrative personnel, and relatively negative relations with the legislative department, they have quite generally recog- nized the problem and risen to it. During the legislative sessions of 1919 and 1921, governors in all but four of the commonwealths had attacked the problem of reorganization. ^ General recommendations in this direction were made by the governors of Alabama, Arkansas, Colorado, Iowa, Maine, Michigan, and Texas. In each of these states an efficiency and economy commission re- port had previously been submitted. The governors of Maryland, Minnesota, Nebraska, Ohio, and Washington in 1921 recommended administrative codes. Effi- ciency and economy commissions were suggested in Connecticut, Florida, South Dakota, and Virginia in the same year, while the governors of Delaware, Mas- Governor Lake of Connecticut, 1921, submitted the following table summarising the finances of the state for each year since 1917: Expenditures Receipts Net Debt 1918 112,603,034.23 $15,189,326.87 $593,572.29 1919 10,179,605.47 8,014, 463. 55 798,959.71 1920 19,374,856.66 15,090,167.85 4,627,742.52 1921 Est . 6,500,000.00 « „ . . , . . •' , . . - * . 8 sachusetts, and South Carolina transmitted reports of similar commissions with recommendations for immediate adoption. The increasing concern of the governors is indicated further in the message of the off year of 1922, which call attention to the problem of reorganization in Maryland, New York, South Carolina, and Virginia. 6 From this brief survey two facts stand out: (1) The governors* efforts in the direction of reorganization in one form or another have extended to all but four of the commonwealths. (2) The movement as evidenced in the recommenda- tions was not confined to any one section: witness the proposals for complete reorganiza- tion in Maryland, Minnesota, Ohio, and Washing- ton in 1921. 2, Another significant fact about the governors' messages in general seems to be more and more a tendency on the part of the governor to assume the positive role in suggesting changes. "Far more urgent than any other step which might be taken towards economy and efficiency** said Governor Mabey in 1921 to the Utah legislature, **is the reorganization of your state adminis- trative system. Zn the beginning the basic principle upon which the repub- lic was founded was the preservation of order and the liberties of the peo- ple through a balance between the executive, the legislative, and the judi- 3 Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Mains, Mary- land, Massachussetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Vermont, Washington, West Virginia, Wyoming. 4 pp. 406, 407. 5 Kentucky, Louisiana, New Mexico, Tennessee. . . . 9 ci&l departments. As the country developed and life became more complex, through discovery and invention, new burdens were cast upon the state. To discharge these burdens, boards, bureaus, and commissions were created. Since these bodies came into existence to suit certain definite needs, there was little likelihood of any coordination of effort or unity of purpose. The result was confusion, absurdity, chaos, duplication, overlapping of duties, and division of responsibility. Utah is no exception to this rule. In the twenty-four years since statehood, administrative agencies have multiplied in bewildering confusion, until to-day there are more than forty of them. They have been ushered into existence for every conceivable purpose, with little thought as to the effect of their individual operation might have up- on the state government as a whole. The evils following such a loose system are apparent. Where there should be harmony, there is discord; where there should be efficiency, there is incapacity and a slowing down of the machin- ery of government. *rom the standpoint of economy, the situation is still more vicious. Duplication is always expensive. It becomes more so when its ramifications extend into every form of etate endeavor. What would seem childish in a corporate body, through long practice has become a fixed and almost uncriticised habit with ue. The sending of one man into a town to visit a barber shop, while another may visit the same place the very same day to look into the sanitary conditions of a hotel, is a case in point* A solution of our difficulties can be found without radical changes in our pres- ent administrative form. We have the machinery, what we need is a rearrange- ment of it. Thia can be done by three simple operations. In the first place, 6 See Chart A of the Appendix , . 10 those boards and commissions that are similar in function should be consol- idated; secondly, there should be a definite fixed responsibility upon those who preside over departments; and thirdly, the chief executive should be em- n powered to exercise a more direct supervisory control. Governor Groesbeck in 1921 addressed the Michigan legislature in this wise: "One of the first things we should undertake is the correction of existing defects in our state government. This can be accomplished only through revision of some of our present laws. Experience has demonstrated that there are many inherent weaknesses in our governmental system. As you are aware, there is a strong public sentiment in favor of such changes as will guarantee an efficient, economical, and well organized plan for handling state business, with direct responsibility to the people. We have been committed to this reform both individually and by party declarations. The best service we can render the state is to place its business and financial affairs upon a basis that will insure the accomplishment of the end so much desired. It is with a view of aiding in this work that the following changes are suggested. . • . M Here follows detailed plans for the reorganization of the agriculture, conserva- tion, business, and labor agencies in their respective departments. Reference to party platform obligations in Governor Groesbeck’s message suggests something of the pronouncement of one who holds a mandate from the people. In the same vein, Governor McRae thus addressed the Arkansas legis- lature in 1921: "This brings me to a consideration of your obligations and mine to the demands of the organized democracy of Arkansas. . • To quote the language of the platform, 'We favor the enactment of legislation providing 7 pp. 4-5 , . . . t • * . ► . . ' . 11 for the consolidation of offices, boards, and commissions where the duties of the same are not inconsistent, and for the elimination of useless of- fices, boards, and commissions.' From many stumps over this state I de- clared for a similar reform, making this the paramount issue in my race for governor, and I was nominated. Not one of my eight opponents, so far as I know, declared himself in favor of retaining any of these useless offices. Whenever and wherever the people have had opportunity to register their op- position to these boards and commissions, they have done so. By every rule 8 of representative government, we are bound to adhere to these demands." There is an unmistakable conservatism on the other hand, which the virility and grip of the statements of more aggressive advocates of admin- istrative reform, among the governors, can not belie* It is a significant fact that even in those states of California, Idaho, Michigan, Ohio, and Washington, in which extensive reorganization was effected in 1921, there was a notable tendency on the part of the governors concerned to caution an evolutionary, rather than the more nearly complete consolidation of those earlier codes of Idaho, Illinois, and Nebraska. In Ohio, where the most comprehensive reorganization of 1921 took piece, we find Governor Cox thus addressing the legislature of that same year: "If my experience, which cov- ers a longer period of service than that rendered by any executive in the history of the commonwealth, telle me any one conspicuous thing, it is the need of simplication in government. It is never possible to work out ob- viously necessary reforms in government with the same facility with which 8 pp. 6,7. 12 they can be accomplished in business for the very simple reason that it would be in the long run unwise and doubtless unsafe to confer an authority suffi- ciently arbitrary for the purpose. Therefore the processes of governmental improvement in a way are slow. Many changes which are patently practicable and which would result in much good are defeated for the time because of an opposition which is more partisan than sincere. There are so many blessings, however, from a democracy in government that we must naturally expect at least a small average of accruing advantages. . . It is my earnest hope that the future will bring a further simplification of work and a centering of responsibility. This would make for efficiency and enable the people more intelligently to fix responsibility to say nothing of the facility which would be afforded to apply in simple fashion the needed remedies.” 9 Expecially significant in view of the notable domination of Governor Nathan L. Miller over the 1921 session of the New York legislature by whose influence a bill to reorganize completely the state administration was throt- tled in the lower house, are his own statements in the annual message of that year which foreshadow that action: "Reference is commonly made to the 187 state departments as evidence of government depravity, but the state- ment is grossly misleading. To secure that number, it is necessary to count every institution with its local board, every park, monument, or historical commission. The total amount of appropriations for such commissions is rel- atively insignificant. No practical economy would result from such consol- idation, but the state would sacrifice the interest and attention of those 9 pp. 5,6. . 13 who now serve on such commission without pay. There is no point in consol- idating merely for the sake of reducing numbers. There is, however, much overlapping and duplication of effort, which can and should be eliminated, greater efficiency and economy oan be eecured by uniting and properly cor- relating certain activities. The plan of organization of some departments is unsound. That can be corrected. • . The advantage of statutory change is that we ean proceed with caution, making such changes as experience shall demonstrate to be in the public interest.*' 1 '® In this connection it should be noted that two governors in 1921 ad- dress their legislatures in renouncement of the formal reorganization move- ment. "Of late there has been much loose talk about changes in the admin- istration of state government," said Governor William L. Harding to the Iowa legislature in 1921. "Agents, with a patent cu real 1, appear in the state at least biennially with a new scheme, or schemes, to build over the state and practically run the government without cost or friction. The only thing lacking usually with this type of "doctor" is votes enough to get into of- fice. It would be idle to say that there could not be improvement in the condition of the state's business, for in fact, there is scarcely an admin- istration that does not bring about improvement somewhere. • . If in due humility a confession can be made, permit me to say, that four years ago, when I came into office, I was confident that great saving could be accom- plished by changes and consolidations in departments, and 1 purposed then to do that very thing. I have been in close contact almost daily with ev- 10 pp. 28,29. . . . . ■ 14 ery department in and for the state government , and I say to you frankly now many changes could be made; much re-arranging can be done, but if the activi- ties that are being carried on are to be continued and as efficient as now, you will find that the savings from ail the changes will be but negiligiole. True, there are some overlappings in tne activities, but when the real facte are understood, you will do as your predecessors, continue the work. . • The thing I do wish to emphasize, is that this government, which you will find here and the various agencies thereof, did not accidently happen. They are the product of brain, and character, and patriotism, equal with that which you bring to the service of the state. . • I grant you that there may be in some of our sister states, need for change, but let me remind you that when these sister states have made all their changes, they will not have reduced in comparison with Iowa, for they but attempt what we did years ago when the board of Control, the Executive Council, and Board of Education were adopted. Through these three departments, most of the state’s taxes are expended, and they are expended in an economical ana businesslike way.*’^ In much the same vein are passages from the executive messages of Louisiana, New Mexico, and Tennessee. Within the limits of recommendations made by advanced advocates of ad- ministrative reorganization and the reactionary position of the few obstruc- tionists, there is the bulk of proposal of those governors whose recommenda- tions for one reason or another are confined to changes in one or more groups of correlated activities: finance, charities, labor, education, agriculture, public lands, taxation, and banking. In some instances, there is an evident intention to consummate by easy steps a complete reorganization along the 11 pp. 17,18. 15 lines laid down by efficiency and economy commissions, but the consideration of which the governor for politic reasons does not advocate in its entirety for any one legislative session. In most instances, like that of Governor 12 Miller of New York, the manifest purpose is to "proceed with caution."* 3. The recommendations of this majority group of executives have a special significance in the development of the movement toward general reorganization in the invariaole additional correlation and re-grouping of administrative activities which the piecemeal creation of new so-called departments entails. Especially is this true in the field of fiscal readjustments. It was the Illinois Efficiency and Economy Committee in 1915 which observed that "One of the most serious defects arising from the lack of correlation and effect- ive supervision over the subordinate authorities is the absence of any satis- factory budget of estimates as a basis for appropriations. The need for im- provement in this respect was indicated in the act of the last General Assem- bly creating the Legislative Reference Bureau, which imposed on that bureau the duty of compiling estimates of appropriations. • • The State Constitu- tion, in Article v, paragraph 7, provides that the governor at the commence- ment of each regular session of the General Assembly shall 'present estimates of the amount of money required to be raised by taxation for all purposes.' So far as your committee is aware, no Governor has heretofore ever complied with this important constitutional duty."^^ It is in explaining this seem- ing negligence that the significant bearing which fiscal arrangements have on correlation and supervision of subordinates is observed: "The failure to do so has undoubtedly been due in the main to the fact that the exec- 12 Ibid. pp. 29 y 30. 13 Report of the Efficiency and Economy Committee (1915) pp. 22. - 16 utive authorities as organized have not offered the Governor the facilities needed to perform this duty. Just as the number of minor offices and boards under his nominal supervision prevents any effective control over their ac- tion; so too it prevents any effective control over their actions; so too it prevents any adequate examination of their requests for appropriations on which the Governor can base his recommendations."^ The same situation existing in Colorado was pointed out in the survey report of a similar committee the following year in their finding "The pro- vision requiring the Governor to present to the General Assembly estimates of “money required to be raised by taxation by all purposes of the state" is not complied with by the governor. A survey of governors' messages since 1917 shows that recommendations looking to a reorganization of fiscal agencies were invariably followed by recommendations affecting other administrative activities in the order of magnitude of their demands on the public treasury. In other words, the expe- rience of the governors committed to but a partial reorganization really du- plicated that of the Illinois committee already referred to. Quoting once more from its report: “The resolution creating the committee (referring here to itself) imposed on it two main duties: (1) to secure a more perfect sys- tem of accounting; and (2) to propose a general reorganization and consolida- tion of state offices, boards, and commissions. After due consideration the committee agreed that the plan of administrative reorganization should precede the introduction of a comprehensive system of accounting."^ 6 14 Ibid. 22, 23. 15 Report on a Survey of the Office of Go vernor of the State o f Colorado. . - 17 This conclusion of the Illinois Efficiency and Economy Committee seems to be amply borne out by the experience of other commonwealths* In Alabama, the governor's message of 1919 recommending a reorganisation of the fiscal agencies was followed in 1921 by a specific plan for the immediate reorganiza- tion of the public welfare agencies, and the formulation of plans for a gen- eral administrative reorganisation. In Colorado, proposals for rearrange- ments in the accounting system in 1919 carried a recommendation for a state survey of executive departments. A fiscal report by the governor of Idaho, 1919, carried with it a specific plan for reorganising the labor agencies of the state. In 1921, there followed the administrative code itself. In Mich- igan, a fiscal emergency in 1921 was recognised by the governor who propos- ed along with the plan for reorganizing agencies directly involved, plans effecting correlation of conservation and public welfare agencies. * r An ad- ministrative code was adopted by the Nebraska legislature in 1919, on the proposal of the governor that a complete reorganization of the accounting system be made. Finance and education received the attention of the New Hampshire executive in 1919, and a general eurvey of all administrative a- gencies was recommended by him in 1921. Governor Miller's aggressive attack on the financial arrangements of New York's executive department in his mes- sage of 1921 was accompanied by specific proposale for reorganizing the de- 16 The direct connection between a fiscal emergency and adminis- trative reorganisation is pointed out by Governor Groesbeck in hie message of 1921: "Before it is determined that more taxes should be levied in the face of this stringent financial emer- gency confronting the state, we should make a studious effort to eliminate the last vestige of wastefulness in connection with the administration. One of the first things we should undertake is the correction of existing defects in our state government • • As you are aware, there is a strong public sentiment in favor . 5 . . * • •- ' 18 pertinents of agriculture and public works— and this in spite of his opposi- tion to complete reorganisation that same year. Fiscal problems received the major emphasis in the governor's message to the North Carolina legisla- ture in 1919 , with a proposal in 1921 for a rather general reorganisation. The appointment of an efficiency and economy commission in South Dakota in 1921 was recommended in connection with a detailed proposal for the adoption of an executive budget. A budgetary survey in Texas in 1919 led to a gen- eral plan of reorganisation of ail state agencies directly affected by the new budget requirements. After a discussion of the "heavy burden of taxa- tion" in his message of 1921, the governor of Utah proposed in the rather emphatic terms already noted, a program of early reorganisation. The gov- ernor's message to the Wyoming legislature in 1921 shows the same close par- allel between an economy program, budget requirements, and the perfecting of a "closer correlation and supervision of all state administrative agencies." Indeed, no instance of an exception to this general rule could be found in the governors' messages of 1919 and 1921.*® In this connection, there is an- other fact worth noting: namely, the character of those functional agencies for which a reorganisation is proposed along with suggested rearrangements in the accounting systems. In Arisona, the governor's budgetary proposals included a plan for reorganising labor and education agencies; charities in Arkansas, 1921; charities and institutions in Georgia, 1919; labor in Idaho, 1919; agriculture in Kansas, 1921; labor in Mississippi, 1919; fish and game in Montana, 1921; agriculture in Nebraska, 1921; charities in Nevada, 1919 of such changes as will guarantee an efficient, economical, and well organised plan for handling state business." Here follows detailed recommendations for reorganisation and consolidation of agricultural, conservation, and industrial agencies of the state, pp. 8, 9. 17 pp. 23, 24. , •? • . t . ’ ■ . 19 and 1921; agriculture and public works in New York, 1921; education in North Dakota, 1919, and in Pennsylvania, 1921; charities in Texas, 1919* The inference seems to be that not only considerations of economy and the requirements of the budget dictated a correlation and reorganization of administrative agencies, but likewise considerations of despatch and effect- iveness in the administration of education, agriculture, and institutions for 19 wnich there had arisen a sharp public need and demand. 4. while the major object in a study of the governors' messages as they bear on administrative reorganization should be to discover the governor's own conception of his place in the state administrative system, one must re- ally go to the reports of the several efficiency and economy commissions on who se findings the governors in the main rely. Recommendations of governors as they might relate to the short ballot, executive budget, or administra- tive staff were only rarely found in the messages of 1919 and 1921. In a number of instances, however, the governor's point of view was made plain enough; in most instances it must be inferred from chance references as they touch on the appointing power, overlapping terms of commissions, and those other elective constitutional officers who share the executive power. In other words, study of the messages yields only gleanings as they re- late to the executive's own idea of a desirable status for himself, aut ev6n these gleanings may carry broad implications, consider this excerpt from the * 9 The following excerpt from the Michigan executive's message 1921 indicates the general nature of these considerations: "Agricul- ture has in recent years rapidly developed as an organized in- dustry. with this development new problems and new opportunities T .. * ' r . . , 20 1921 message of the Ohio governor: "There is absolutely no need of a state treasurer as such. The check on disbursements is made by the auditor. The responsibility in his and the disbursement of funds is more or lees a perfunc- tory detail* This, of course, could easily be done in the auditor's office* The attorney general is the legal adviser of the governor and of the state departments, he should be appointed by the governor. In many states this practice has ootained throughout the years. Would it not be possible to deduce a fairly accurate principle for short ballot reform as it affects the customary constitutionally elective officers of the state executive depart- ment." Referring in another part of the same message to the subject of edu- cation he notes: "Under the old order, the superintendent of public instruc- tion was scarcely more than a statistical office. The office was elective. Under the change, this was made an executive department. The state commis- sioner of common schools is now appointed by the governor and he has been given definite administrative authority. In the same vein, Governor Goodrich in 1919 recommended that "the of- fice of attorney general created by the legislature and made elective, should be abolished as an elective office and tne governor authorized to appoint the attorney general." His reasons are significant: "The constitution makes it the duty of the governor to 'take care that the laws be faithfully execut- ed* and he is held responsible for the efficient and economical conduct of all administrative agencies of the state government. His power ought to e- qual his responsibilities in this respect. Either the commissions appointed for co-operative aid by national and state governments have arisen. Any system of state government which does not include a department organized and equipped to work with agricultural organizations, and * . * * * 21 by the governor must appoint their own attorneys at considerable additional expense to the tax-payers, or they must depend for legal assistance and counsel upon the attorney general whose office ae now constituted in an in- dependent agency, wholly uncoordinated with these commissions, directly or Indirectly. This would not result in a dangerous centralization of power. It ie only an attempt to simplify government for the purpose of rendering it 22 more economical and efficient.** Probably the most outspoken of the gov- ernor's opinions on the subject of the Short Ballot is that of Governor Chan- ning H. Gox of Massachusetts in his message of 1921. "The chief interest centers in the candidates for governor and for lieutenant governor, and pub- lic discussion is confined largely to the candidates for these two offices. In a larger way the people have come to look upon the governor as the head of the government, and there ie a tendency to hold him responsible for the conduct of the affairs of the departments of the state of ficials,— the sec- retary, the treasurer, the auditor, and the attorney general,— then he ought to be allowed to call men into those positions who will work in harmony with him and who will adopt policies which bear his approval. The objection may be raised that the attorney general is not alone the adviser of the governor but of the legislature as well, and that sometimes the legislature might desire independent advice, and that it ought not to be compelled to accept legal opinions from the governor's appointee. It should be remembered, how- ever, that each branch of the legislature has authority to require the opin- ion of the justices of the Supreme Judicial Court upon important questions with other states and the national government for the benefit of the general public is certainly incomplete." pp. 7^ 8. 20 pp. 28, 29. 21 pp. 28 , 29. . ♦ . , . t , . 22 of lav, and upon solemn occasions. To the end that the direct primary sys- tem may operate to the best advantage, and that the efficiency of the state administration, I recommend that the constitution be amended so that the gov- ernor be given the power to appoint the state offices— the secretary of the commonwealth, the treasurer and receiver general, the auditor and the attor- 23 ney general— for the same term as his own.” In respect to the appointment of the auditor, Governor McKelvie of Nebraska, who is quoted in another place, may be said to present that more careful discrimination of certain governors who would see vested in this financial agent a sphere of activity outside the administration, and subject directly to the legislature who elects him or to the electorate as a whole, as an effective method of legislative control over the administration. An example of this also is Governor Miller's comment on the sphere of the comptroller: "The comptroller is primarily an auditing of- ficer, and in my judgment, an auditing office should not be converted into a great administrative office. The Comptroller should undoubtedly audit both revenues and expenditures. I think he should audit the books of all depart- ment, and should be given broad powers of examination for the purpose of au- 24 dit. But I think he should not be charged with administration." On the nature of the appointing power, the governor of North Carolina in his message of 1921 has this to say: "If you should adopt my recommendations and create the offices of Bank Commissioner and Commissioner of Taxation and Revenue, and follow the custom of allowing the governor to appoint, I most earnestly suggest that you make their appointment at the pleasure of tne Gov- ernor. I think it unwise to give officers appointed by the governor any fix- ed term. They certainly ought not to go beyond the term of the governor ap- 22 pp. 6, 7. „ 23 pointing them, and X oelieve it would make for strength and efficiency in the executive branch of the government if all officers who are not elected by the people were suoject to removal by the governor at will and without cause. Our institutions are all in the hands of boards that are almost self-perpetuating. The governor appoints a few each year, and if he desires to change the policy of any institution it would be most difficult for him to do so. If the first two or three members he appointed were not pretty firm men the management would likely capture them against the governor’s policies before he could make, in the next two or three years, other appointments which would enable him to change the management of the institution. If the General Assembly sat all the time it could exercise the executive arm of the government; but it does not. As soon as it adjourns the smallest officer in this state appoint- ed by the governor can defy him, and there is no power to move him until his term expires. The constitution of the state places the supreme executive pow- er of the state in the governor's office. I do not ask for any greater power than the General Assembly has heretofore in recognition of the constitution given the governor, but I do most earnestly ask that the power given the gov- ernor shall oe given in a manner that will enable him to exercise it with en- ergy and efficiency. The governor is looked upon by the people as the head of the administration during his term, and the public hold him accountable for the conduct of the officers appointed by the governor; and yet by the Chine se- puzzle arrangement through which these boards are created and perpet- uated, it is impossible for the governor to control them. During my term of office I cannot, until near its close, under the present law, change the man- 23 pp. 29., 30. 24 pp. 21, 22. . ‘ * ■ * 24 agement or policy, except through moral persuasion, in any department of the state's government, or at any of ite institutiom. I think it would be most wise to enact a general statute allowing the governor to call for the resigna- tion and, if, not forthcoming, to remove any executive officer appointed by the governor; and in the future no term should be fixed for appointive executive officers. • . If the governor, the supreme head of the executive branch of the government, ought to be removed every four years, it does seem to me that suo- ordinate executive officers ought to go out with him and allow the governor's successor the privilege of selecting his own helpers in administering the gov- ernment during his term, and not confine his legal power to tying the hands of his successor. ". And consistent with the terrible seriousness with which the matter weighs on him he concludes, "These are my recommendations, and may 2 * God's will about them be done in your honorable body as it is done in Heaven!" This is the general burden of the recommendations concerning the appoint- ing power of the governor as the executives of California, Idaho, Kansas, Mas- sachusetts, Nebraska, New York, Pennsylvania, Vermont, and Wyoming touch upon it in their messages of 1919 and 1921 respectively. One of the most noticeable tendencies of the messages of 1921 is the rath- er detailed description , in a number of instances, of proposed new administra- tive departments. Governors in other years in most instances were content to suomit the proposals of efficiency and economy commissions working under their direction. Typical of this newer development are those recommendations of Gov- ernor Miller of New York and Governor Groesbeck of Michigan. Proposing a re- 25 pp. 9, 10 . - • • ' . . . • . I 1 . * . , organization of the agriculture agencies , Governor Miller in 1921 writes: 25 M I think the present organization of the Agricultural Department unsound up* on its face. The council of farms and markets may serve to keep the depart* ment out of politics, end for that reason can properly be continued, but it is not suited to discharge and should not be clothed with any administrative functions whatever. There is no reason that I can perceive for a divided de* partment, and I believe that economy and efficiency of administration will be promoted by a single head to be appointed by the council of farms and markets and I recommend that those changes be made." Then follows a detailed des* cription of suggested correlation of existing agencies into bureaus and divi* 26 sions. Governor Groesbeck of Michigan in his plan for the same department proposes a functional organization for the same department based on his ob* servations of practices in other states: "When organized, it should include in its operations the department of animal industry, the state veterinary board, state apiary inspector, commissioner of immigration, geological sur* vey, Michigan agricultural fair commission, inspection of nurseries and or* cnards, agricultural division of the state department, and the inspection of seeds, and fertilizers. M In his message to the legislature in 1919, Governor W. D* Davis of Idaho made the following general recommendation relative to reorganization of the executive departments: "The executive and administrative departments of the state should be divided into a small number of departments, the heads of which, so far as the constitution permits, shall be directly responsible to the governor. The functions of every officer, bureau, board, or commissions 26 pp. 25, 26. ► * 1 • 1 . . . . , , ti - . , . < , . 26 in the state should be assigned to one of these departments. The departments should be subdivided where necessary into bureaus, the heads of which and the subordinates under them being selected with view to their expert fitness and qualifications for their respective positions. I further propose that the heads of the several departments, including the constitutional elective of- ficers, shall constitute a governor's cabinet or council, thereby furnishing a vehicle through which all the departments of the state government can be coordinated and correlated in their functions* " Careful study of messages for 1919 and 1921 finds a practical agreement in the main among the executives with the foregoing recommendations when this factor of reorganization is touched on. There is a division of opinion about the efficacy of unpaid boards. Governor McRae of Arkansas, in 1921, express- es one point of view: "The claim made by many good people that an unpaid board will not function promptly and properly, is not borne out by the history of honorary boards, both in this and other states. The truth is, salaried boards or commissions, do not as a rule, function harmoniously, and almost without exception they are controlled or influenced by politics and politi- cians. It is equally true that a better class of men and women are obtain- 28 able for service upon honorary boards than upon salaried boards." Governor Edward I. Edwards in his message of 1920 presents the opposite point of view concurred in by the larger proportion of governors who touch upon this mat- ter. "It must be understood I make no criticism of the unselfish, patriotic service furnished by many of the men and women serving upon some of the 27 pp. 14, 15 . t , . . > . . * . - 27 boards in question— for they are not all compensated. But in the name of real efficiency Z desire to record my protest against the further continuance of such a system. . • The matters handled by them (unpaid boards) are of great importance and involve large sums of money. Their proper treatment should not depend upon the uncertain element of enthusiasm or patriotic im- pulses of the state's agents, which necessarily leads, it seems to me, to spasmodic and intermittent attention, contingent upon the private engagements of the members of such boards. The discharge of the state's administrative affaire should be in the hands of a reasonably small number of men, paid veil for their service and from vhom attention to its business may be demanded by the state as a matter of right, under the pain of dismissal for neglect. Bills to accomplish part of that program have been introduced. They substitute a paid board of five members for 166 persons, some of vhom are paid and some are not."^ A unique variation from both of these positions is taken by Gov- ernor Hardee of Florida in his message of 1921. Under a caption "Back to the constitution" he says, "Like may of the other states of the union, ve are fast becoming a 'commission ridden' people. I wish to call upon you to adopt the policy of 'back to constitution.' In the creation of such commissions as you may deem vise and expedient, let your creations be carved out of the Cab- inet. Elected by the people, it is the sworn duty of a Cabinet officer to de- vote all of his time and thought to the interest of the state. There is noth- ing in the argument, so often advanced, that the cabinet officers are too 28 pp. 7, 8. Governor Bartlett of wew Hampshire, 1919, recommended for the sever- al institutions a board of visitors and advisers to bring about a personal relation between the governor and council and the people and to give a more humane touch to the management of the institu- tions. pp. 16*17. . ' . . . 28 busy to give attention to the various matters that are placed under their charge. They are at the seat of the state government all of the time, ready and accessible for frequent meetings and conferences. In their acceesibil- ity and their constant meetings there ie the greatest advantage of being able to give attention to departmental matters incident to the various state activ- ities, readily, speedily, and without delay." It is hardly necessary to point out that this executive apparently minimized the legal relation which exists between him and these so-called cabinet officers. There is no ev- idence to show that any other executive in recent years does so minimize it by making a similar recommendation. On the other hand, Governor McKelvie of Nebraska who had actually work- ed with such a "cabinet" resulting from the unique provision of the Nebraska constitutent law forbidding the creation of executive agencies outside the constitutional elective departments therein created, was the successful pro- moter of a constitutional revision and subsequent administrative code which placed large appointing power in the hands of the governor. Here are six recommendations: (1) The executive department should consist of a governor, lieutenant-governor, and comptroller, to be elected. (2) The governor to be elected for a term of four years, and not subject to re-election. (3) A comptroller to serve as auditor and treasurer, to be elected for a term of four years, and not 29 Journal of the Seventy-Sixth Senate of the State of New Jersey pp. 394-398. ♦ . ■ . . . • ' . ( . f • 29 subject to re-election. He could either be elected by a direct vote of the people or by the house of representatives* (4) All appointments, aside from those having to do with the office of comptroller, should be made by the governor, with major appointments to be confirmed by the Senate. The creation of departments and the grouping of activities with them to be left to the legislature. The selection and term of service of minor employ- ees to be subject to a limited civil service, the provisions of which the legislature should determine. (5) There should be no boards, except those that are quasi- judicial, and quasi-legislative, or having to do with education* (6) Provision may be made for the recall of any of these officers, or the appointees under them, upon the petition of a given percentage of qualified electors. ^ It is only when one comes to look into the detailed provisions of the budgetary proposals, however, that the increasingly positive role assumed by governors is so clearly evident. Governor Cornwell of West Virginia, in 1921, in a commonwealth heretofore conspicuous for the absence of any move 30 pp. 8, 9. 31 Message of 1919 pp. 24* 25. , , . . vn \ i . . * 30 in the direction of either a survey of state agencies or proposals for con- solidations, urges an amendment to the present budget law, placing the ini- tial authority for the budget with the governor. Governor Carey, in 1921, asks that the budget law be amended to provide that the governor- elect be present at all budget hearings and that his resolutions rather them those of the retiring governor be included* Governor Davis of Idaho in 1921 recom- mends that the study and presentation of the budget be made one of the con- tinuous duties of an officer directly under the control and supervision of the governor. Governor Allen in the same year goes a step further than any of these in proposing to regulate in a way the relations of the executive to the legislature by proposing an amendment to the budget law not only to provide for the centering of responsibility, but to stipulate the procedure to be followed by the legislature in acting on the budgetary recommendations. Governor Groesbeck of Michigan in the same year went one step further than this and specified a significant restriction on legislative procedure in pro- posing "that upward revision of items by the legislature should be limited except for causes shown in specific cases." Governor Miller recommended "the creation of a permanent organizationwith ample power to survey the work of all departments, and not merely to compile estimates, but to revise them • . • It should appoint a permanent budget staff, specially qualified for the work, which, with ample power of examination, should, as directed by the board, make surveys and studies of all the state's activities with a view of introducing improved methods, eliminating waste and useless duplication, cor- relating effort, standardizing positions of like grade and promoting effi- ciency. Estimates should be filed with the budget bureau on a specified date, 32 pp. 13, 14 . . . 1 ' ' * . 31 and under the direction of the board should be revised and tabulated for sub- mission to the legislation." It should be noted in connection with this carefully integrated administrative plan for budget making in New York as the governor proposes it, that the question of a mixed legislative-executive a- gency or a purely executive one to direct the work of the bureau seems immate- rial to him. In this one respect he differs from the trend of executive pro- posals for 1919 and 1921 in that the larger proportion of them emphatically propose the executive budget, and as noted in one instance there is even the proposal to restrict the upward legislative revision of this budget as sub- mitted by the executive. Finally, one lays aside thislatest governor’s message with a two- fold impression: (1) The uniformly emphatic quality of the gov- ernors’ proposals* (2) The striking identity of methods by which the governors purpose to attain these objects* But the most significant fact is the actual role of the governor him- self, which vitalizes those proposals. This observation leads me to raise the question as to whether the real trend of the reorganization movement is not to be most precisely determined through a study of the governors* activ- ities themselves, rather than of the administrative codes and enactments. Their record as evidenced by the following accounts would seem to be convinc- ing* As early as 1910, Governor Hughes in his annual message to the legis- lature recommended administrative reorganization and consolidation which 33 pp. 14, 15. . . 1 t -0 ' t i : '■ • •* i . r ’ * ■ • ’ * ■ • * • . . 32 he said would "tend to promote efficiency in public office by increasing the effectiveness of the voter and by diminishing the opportunities of the pol- itical manipulators who take advantage of the multiplicity of elective of- 34 fices to perfect their scheme at the public expense." furthermore, he believed that responsibility should be "centered in the governor who should appoint a cabinet of administrative heads, accountable to him and charged with the duties now devolved upon elective state offices*" A rapid sequence of developments began: A resolution to amend the constitution was introduced in the assembly of 1910 providing for the appointment of all state officers except the governor and the lieutenant-governor. Although the resolution failed to pass, the campaign toward consolidation was again revived in 1921* In 1913, the legislature passed a bill establishing a de- partment of efficiency and economy under a commission appointed by the gov- ernor and confirmed by the senate for a term of five years. In 1915, this commission issued a notable report of more than seven hundred pages. In 1914, both great political parties of the state took up the issue. "The time has come to give the people control of the executive government," an- nounced the democratic program of that year. "The responsibility should be centered in the governor. He should have the absolute power of removal. The various boards and commissions should be made subject to the control of the governor." In 1915, a comprehensive scheme of reorganization was laid before the constitutional convention of that year. Although the constitution was defeated at the polls, the movement went steadily on, culminating in the plan for complete reorganization of administrative departments in 1921. 35 Governor 34 pp. 18., 19. 35 This measure, it has already been noted, was defeated in the lower house through the influence of the governor. m , ’ „ .» ' . > , i3* ♦ - ! , , , - . 33 Deneen in his farewell message to the General Assembly of Illinois in 1913 suggested the creation of a commission for conducting an "investigation of plans for the coordination of existing boards and commissions whose duties overlap or are so similar as to permit of unification and reduction in num- ber while improving their methods and the economy of their administration."^ This was followed by a joint resolution of 1913 providing for a joint commission of senators and representatives to "investigate all departments of state government! including all boards, bureaus, and commissions." The committee made a report in 1914 and it was published in 1915. In hie cam- paign for election the following year, Governor Frank 0. Lowden made the re- organization of the business of the state the chief plank in his platform, nis election followed. His own words best give the description of the so- called new role of the governor in recent state administrative reorganiza- tion. "When the legislature met I undertook a complete reorganization of the state wnich came under the duties of governor. Of course there was much opposition by some of my political friends. They did not like to see these attractive places given up. . . I appeared before the committees of the gen- eral assembly and discussed with them at length the questions involved, and before long there was complete cooperation between the general assembly and myself, and to the credit of the legislature the result was the administra- tive code." Incidentally, it should be noted that the Illinois law provid- ed for the most comprehensive reorganization up to that time. Indeed, it was the first instance of a general reorganisation of state administrative 36 pp. 24, 25. 37 Lowden: "Business Government," Saturday Evening Post, juarch 13, 1920, pp. 56. . . . , . . . . ( ' ' . .• - , . , ■ ■ i * 1 34 departments after a well worked out plan* before 1916, Governor Morehead of Nebraska had asserted "that divided authority and divided responsibility produce waste and inefficiency*" and Governor Neville, his successor, held that "it is impossible to handle the state's affairs in the efficient manner that would be demanded by any bus* iness man in the conduct of his private transactions*" In 1913, the repub- lican party wrote in its platform "We favor the enactment of a civil admin* istrative code in this state? and Governor Samuel T* McKelvie, who was elec* ted on this platform was enabled to approve a comprehensive administrative code modelled after the Illinois plan, April 19, 1919* Governor harry L* Davis made his campaign for nomination and election in 1920 largely on a platform for state administrative reorganization. When Governor Davis came into office, no specific work had been done upon a com* prehensive single plan, and no details of a bill had been worked out. Yet an act to establish an administrative code was approved by the governor April 26, 1921. Governor Hyde in Missouri made the consolidation of state administration one of the foremost features of his legislative program. Seven distinct meas- ures were introduced, of which all, except the one providing for a consolida- tion of the boards governing the state teachers' colleges^ were passed. In his message to the legislature in 1919, Governor W. D. Davis of Idaho made a comprehensive set of recommendations for the reorganization of admin- istrative agencies, and with no preliminary survey, save for that made by governor himself, the legislature passed as an emergency measure under the * „ « . , 1 . 1 . , < * 35 constitution, the " administrative consolidation act H which went into effect March 31 of that same year. To Governor Louis F. Hart of Washington belongs the chief credit for the enactment of a code on the main lines of those of Illinois and Nebraska. Upon Governor Hart's suggestion the special session of the legislature of 1920 au- thorized him to have such a code drawn to be presented to the regular session of 1921. This code was enacted into law in 1921 with slight change. In 1921, the governor- elect of Michigan, Mr. Alex J. Groesbeck, came to the office with a reorganization program of his own. In spite of strong pol- itical opposition, the first several provisions of a thorough reorganization plan were enacted by a resisting legislature. Add to these more comprehensive reorganization codes the single consol- idation chapters of the 1919 and 1921 session laws of California, Colorado, Indiana, Iowa, Massachusetts, Minnesota, Montana, Hew Jersey, Pennsylvania, South Dakota, Utah, and West Virginia, each of which is identical in time and nature with the messages of the governors for the same years respectively, the practical effects of the governors' messages seem to be pretty well establish- ed. s8 6. A search for significant tendencies in recent state administrative re- organization seems to require, therefore, that considerable stress be laid on those tendencies as shown in the governors' messages. In other words, these messages not only represent the executive point of view which determines so largely what findings of the efficiency and economy commissions shall come to , ' * 1 • * , . 1 » , , . 1 ' . ■ r:i . a" /in o f • 36 their ultimate enactment in state laws, but also express that executive ini- tiative and political prowess on which depends more and more the ultimate character the administration is coming to assume* A survey of the governors' messages of 1919 and 1921, therefore, seems to disclose the following more recent tendencies: (1) The practice of the legislature to order an effi- ciency and economy survey of the administrative agencies as the fiscal problems of the states grow acute* (2) The tendency of such surveys to lead to varying degrees of reorganization of administrative de- partments as a necessary first step in fiscal retrenchment* (3) The increasing practice of the legislature to make the governor the chief repo3itary of respon- sibility for the budget, with the resulting sharp increase in the governor's prestige when fiscal matters tend to transcend most others in the minds of the electorate. (4) The marked development of the parliamentary role of the governor who i3 coming more and more to follow up his initial proposals for reorganiza- For a detailed account of the masterful role played by the governors in the reorganization legislation of 1921 see the American Political Review for August and November, 1921, pages 380 and 558 respectively. 4 f , , *' , * ‘ tion and integration of administration with the aggressive leadership of one who carries a mandate from the people* (5) The tendency of the governor to rely on ex* pert commissions or staffs for specific plans of administrative reorganization, with a resulting identity in the several proposals of governors relating to constitutional of- ficers, the appointment, tenure, and correla- tion of the activities of subordinates, and the budget, from the rather casual references of the governors in this connection, however, the following more recent and significant rec- ommendations in the messages of 1919 and 1921 stand out: The attorney-general as a primary agent of law enforcement and the legal adviser of the governor and of the state departments should be appointed by the governor. The functions of fiscal administra- tion and audit should be sharply distinguished. The chief auditing officers should not be charged with , . f .■ ' 38 purely administrative functions. The terms of all discretionary admin- istrative officers, both elective and appointive should coincide with that of the governor, wnich should be long enough to admit of a sufficient degree of continuity of executive policy. Responsibility for the budget should be fixed directly with the governor, with all this implies of unhampered executive discretion in revising estimates. Since a more specific understanding of the proposals for integration sug- gested in Number Five of the foregoing points is essential to any precise ap- praisement of tendencies in recent state administrative reorganization, a study of the findings of theef ficiency and economy commissions should logically fol- low. Like the governors, then, let us turn to the reports of those other but closely allied agencies of reorganization— the efficiency and economy commis- sions of the several states. . . ' , 39 III -REPORTS OF THE EFFICIENCY AND ECONOMY COMMISSIONS 1. In the invariable utilization of the so-called efficiency and economy commissions as a necessary first step in state administrative reorganiza- tion, there is, perhaps, the one most conspicuous feature of the whole re- organization movement. Not in their honorary aspect as formal joint leg- islative committees, but in their actual working role of sub-committees of expert appraisers of administrative agencies, these commissions indeed stand for a unique development in the field of government. In other words, while the idea of legislative investigating committee is as old as rep- resentative government itself, the practice of employing specialists to devise needed readjustments in government structure and function is hard- ly less recent than the state reorganization movement itself. We have already noted the activity of the governor in recommending the appoint- ment of these expert commissions, his usual concurrence in the general nature of their findings, and his role in impressing those findings on the character of the legislative acts themselves. It must surely fol- low, therefore, that any study of significant recent tendencies in state administrative reorganization in a search for underlying principles must give special consideration to the work of these efficiency and economy commissions. Of legislative investigating committees there have been legion, but the practice of employing these sub- committees of experts may be said to have had its inception in the appointment of the special national exec- utive staff in 1910, and of the Efficiency and Economy Commission in 1911 ( . , • f t . C 40 by President Taft of the national government. 1 Charged with the task of in- vestigating the federal administrative agencies with a view to recommending ways of "reducing and increasing the effectiveness" of the departments in- volved, this committee prepared and submitted to the President 108 reports looking to that end. It is with this action of the national government that the state movement for administrative reorganization may be said to have begun. The first move to appraise the organization and functions of state government looking to reorganization was made in Wisconsin, 1911, when an act was passed authorizing the State Board of Affairs to make such a prelim- 2 inary study. A few months later, in 1912, the General Court of Massachu- setts authorized the appointment of a commission to study ways and means of increasing the efficiency of the administration. Governor Deneen of Illinois in his farewell message to the General Assembly in 1913 suggested the crea- tion of a commission for conducting an "investigation of plans for the co- ordination of existing boards and commissions whose duties overlap and are so similar as to permit of unification and reduction in number while improv- ing their methods and economy of administration." Following close upon these two initial moves were the authorization of commissions in New Jereey, 1912, Iowa, Minnesota, Mississippi, Nebraska, New York, Pennsylvania, and South Dakota, 1913; Louisiana, 1914; Alabama, Colorado, Connecticut, Indian- a, Kansas, Maryland, Missouri, 1915; Virginia, 1916; California, 1918; Del- aware, Georgia, Montana, 1919; Arkansas, 1921. By the close of the legis- lative sessions of 1922, thirty of the states had authorized commissions in one form or another, while in most of the states, improvement in personnel A detailed outline of the national administration as it was found to exist, then, fills the major part of two large volumes in connection * . . H . . . ' - 1 . • ‘ , . • . ' . . , 41 and enlargement of jurisdiction were provided for in subsequent acts relat- 3 ing to commi88ions in twenty- four of the states. The roost recent of these are to be found in the creations of special commissions in Massachusetts, South Dakota, and Virginia, in 1921. before this year improvement in the status of investigating commissions had been effected in New York, Minneso- ta, and Ohio, there being three successive steps in as many years in New York and Ohio, and two in Minnesota. To Minnesota and Iowa, probably must go credit for the first comprehen- sive surveys of state administrative agencies and reports in 1913. Two years later the new York bureau of Municipal Research made an exhaustive study of the organization of the New York state government with a plan for consolida- tion, all set forth in a report of 417 pages exclusive of many charts. The most comprehensive and voluminous of all the reports was that of the Illinois Efficiency and Economy Commission in 1915 consisting of some 1050 pages. With respect to personnel the commissions fall into three classes: (1) The purely legislative investigating commit- tees of Alabama, Colorado, Georgia, Louisiana, Missouri, Mississippi, Nebraska, South Dakota, and Texas. (2) The formal joint legislative committees who employed experts to conduct the actual work with the recommendations of the Commission. There was no attempt at description and analysis which so uniformly characterizes the reports of the later state commissions. The Commission was a temporary body. It performed its work without close consultation with men in the ac- . * , x . ’ < ' ■f . . . 42 of investigating and preparing reports in Delaware, Illinois, Iowa, Maryland, Mas-* eachusetts, Minnesota, Montana, Oregon. (2) Commissions of specialists authorized by the legislature and appointed by the gov- ernor directly in California and Arkansas. Irrespective of constitution, however, all three classes of commissions had recourse to specialists in the branches of adminis- tration affected. The purely legislative investigating committee of Colorado, for example, set up a staff organized under a chief to care for the routine of the inves- tigation, while in special assignments and consultation the committee had recourse to specialists, classified in the preliminary acknowledgment of the report as certified public accountants, surgeons and physicians, political economists, and engineers. The method of formal joint legislative committees is best shown in the action of the Illinois Efficiency and Economy Committee which employed Dr. tual service of the government. Partly as a result of this body, how- ever, there was established in connection with the Civil Service Com- mission, a division of efficiency. The report was sent to Congress with his approval on June 27, 1912. It was printed as House Document No. 854 of the Sixty-second Congress, second session (568 pages). 43 John A* Fairlie, Professor of Political Science in the University of Illinois to direct the survey and authorized him to employ such specialists as he might need from time to time. The sub- commit tee elected by Professor Fairlie was unique among all such committees in the large preponderance of full pro- fessors from the state university on the investigating and consulting staff. Of the twelve divisions of functional organization: Revenue and finance, accounts, charitable and correctional institutions, educational administra- tion, labor and mining, agriculture, public health, corporations, public works, military affairs, ana civil service, ten were in charge of these men from the state university staff. The two exceptions were a former secretary of the Chicago commission on city expenditures, and a member of the Munic- ipal Reference Bureau, Cincinnati, Ohio in charge of the divisions of Account- ing administration and Public works respectively. In New York, Iowa, Ohio, and Maryland the specialists employed ranged from staff members of the Munic- ipal Reference Bureaus of New York City and Akron, Ohio, respectively, to private firms of efficiency engineers like that of Griffenhagen and Asso- ciates, Chicago, employed by the Maryland commission. In the appointment of a commission of eleven members by Governor Steph- ens, 1918, "to survey the activities of state government and report upon the practicability of introducing economies in administration" there is rep- resented the third type of investigating commission, comprising either a 2 Among the duties assigned to this Board were the following: "To in- vestigate duplication of work of public bodies and the efficiency of the organization and administration of such public bodies; formulate plans for the greater coordination of such public bodies and the improvement of the state administration in general. To prepare a budget report. To publish reports and make recommendations to the , 1 . l ’ . . 44 mixed memoership of state officials and specialists, or a commission of spe- cialists , or a commission of specialists exclusively. Governor Stephens chose to combine the official point of view with that of specialists from the outside by appointing on the commission, in addition to well known spe- cialists, the state comptroller, attorney general, three members of the state board of control and six citizens, one of whom was president of the Common- wealth olub of California and another of whom was a former United States senator. An interesting variation from the main details of the foregoing three methods of determining the personnel of commissions is that of Oregon. In this state a concurrent resolution of the general assembly in 1917 provided for a commission of seven members, composed of representative business men of Oregon "to study state administration with a view to consolidation and A elimination of offices, boards, and commissions.** Three bankers, two law- yers, one packer, and one realty broker were appointed and they in turn employed or. J. W. Mathews, Professor of Political Science of the Univer- sity of Illinois, as expert investigator. Here we have the first instance of a substitution of the business men's point of view for the official judgment of formal legislative commissions. A sharper deviation from the general rule affecting the personnel of these commissions is the act of Massachusetts General Court which in 1916 abolished the economy and effi- legislature.’* * (Ch. 45, 1911). o * or a detailed account of "the state movement for efficiency and economy" see a monograph bearing this title by Raymond Moley, pub- lished by the New York Bureau of Municipal Research as "Bulletin No. 90" (163 pages). 45 ciency commission and transferred its powers to a supervisor of administration who was authorized to organize a staff with the consent of the governor and council* functioning not only as an investigating officer, the supervisor in a series of annual reports has embodied the point of view of the impartial investigator from the outside with that of a critic of the administration on the governor's staff. In a class somewhat apart from commissions selected solely for purposes of investigation and recommendation, is the character of a state commission on constitutional amendment and revision authorized by the Pennsylvania leg- islature in 1919 to prepare a tentative draft of a constitution for submis- sion to a proposed constitutional convention. Aside from its interest as the first instance of such an idea applied to constitution making in general, is its significance as a broader application of the mixed type of investiga- ting commission. As appointed by the governor it consisted of twenty-three men and two women, including lawyers, representatives of organized labor, a college president, representatives of the agricultural and business interests of the state, and representatives of large financial interests. Another in- teresting fact in tnis connection was the provision for the personnel of the constitutional convention itself. Under it, ninetj'-six delegates were to be elected at large, and twenty-five delegates were to be appointed by the gov- ernor who in turn announced that insofar as they would serve he would appoint c members of the preliminary commission. 4 A similar commission was that of Minnesota appointed by the governor in 1913. This commission was composed of thirty members and rep- resented the political and industrial interests of all sections of the state. It appointed a staff consisting of a consulting statis- ' . . ■ . . . 46 Of an entirely different status, but none the less complete and effect- ive were the activities of the California Taxpayers' Association culminating in an unofficial plan for the "reorganization of the state government of Cal- ifornia" published in their own periodical. For a period of six years the association had devoted itself to a study of the problem of reorganization, devoting much in their publications to the "analysis of existing conditions and systems, on the financial side of state government." While no official cognizance seems ever to have been taken of this voluntary association, a committee on efficiency and economy being authorized by the legislature in the same year the report appeared, its actual influence as a very detailed and original analysis of functional organization of state activities is one of the noteworthy contributions to the reorganization movement, its unof- ficial character notwithstanding. 0 Another type of purely voluntary activity on the part of expert inve- tigations is that of the National Municipal League, New York City. For a number of years this organization through its official organ, the National Municipal Review and a large variety of supplementary pamphlets has been a pioneer agency in the field of municipal reform. State administrative re- organization from its inception on a broader scalo a decade ago has had a large share of the attention of this body. As a fitting method of summariz- tician, Dr. E. Dana Durand, former director of the United States cen- sus, a secretary, and a clerk. 5 For a fuller consideration of this Commission see W. F. Dodd's "Leg- islative Notes and Reviews" in the American Political Science Review for November, 1921, p. 558. Particularly significant is his reference to the governor's object in advocating the creating of the commission: "Ho (the governor) believed that if the constitution was to be revised, 47 ing their findings during tnis time, a committee on state government was authorised to draft a progress report on a model state constitution for the consideration of the national organization. As a result, a "Model State Constitution" was presented by the committee, November 18, 1921, for the consideration of the national meeting of the League held in Chicago on that date. Although "subject to further amendment and improvement in draftman- ship," the report presents a complete state constitution in thirteen parts which may be said to embody the most desirable features of the reports of expert investigators in the field of state government. While it is yet ear- ly to estimate the influence of this recent and novel addition to the reports of the efficiency and economy commissions, it is reasonable to assume that no study of these agencies would be complete which did not take into account 7 the "Model State Constitution." i^'rom this brief survey o>f legislative acts authorizing efficiency and economy commissions and providing for tneir membership, three general prac- tices or tendencies stand out as having a bearing on the exhaustiveness of their investigations, the adequateness of their standards of appraisement of administrative agencies, the practicability of their recommendations, and the weight these recommendations might have on legislative bodies: (1) The purely legislative investigating commit- tees comprised of members from the two chambers the convention charged with that duty, no matter how distinguished the delegates, to do good work, must have the aid of the results of a prior systematic study of the present constitution in the light of modern thought and conditions. He also believed that the question whether there should be a revision of the constitution was so impor- tant, that before it was finally decided by the people, they should . 48 for conducting inquiries, holding hearings, and collecting evidence after the manner of the Texas joint committee of 1917 give way to commissions of specialists acting jointly with or independently of official representa- tives* Examples of this tendency are the recent authorization of new specialist com- missions in Arkansas, Colorado, Maryland, Ohio, South Dakota, and Virginia* (2) The formal legislative committees comprised of official members who delegate the actual work of investigating and recommendation to specialist suo-committees give way to the mixed commissions of official representatives acting conjointly with specialists from the outside. The obvious purpose of this newer practice is to secure a combination of the official point of view with that of special- have the advice of the best commission which it was in his power to create. 6 See "A Plan for Reorganization of State Government" in the January, 1919, number of the California Taxpayers * Journal pp. 20 and 21. The following statement of explanation is significant: "This plan has been prepared by the Taxpayers' Association of California, and is offered for the benefit of all who may be interested in a fun- damental reorganization calcukted to promote efficiency and economy. . In performing this work the Taxpayers' Association has separated all the individual functions now performed by each of the existing agencies of state government, and then co-ordinated them in accor- 49 ist8 from the outside in the interest of practicable findings with the added weight of those representatives from the legisla- tive body on the committee who stand spons- or for committee recommendations in the debates over their enactment. Conspicuous recent examples of this tendency are those commissions of California and Ohio. In this connection the certificate of trans- mittal on the Ohio report is significant: "Submitted (by Akron Bureau of Municipal Research) to the Joint Committee on Admin- istrative Reorganization and submitted by the Committee to State officials and the public for comment, suggestion, and crit- icism before approval and adoption by the committee. (3) The acts creating joint legislative commit- tees give way to broad grants authorizing the governor to draw up such reorganization plana or codes in any manner he may see fit, dance with a definite functional classification. So far as the Associa- tion is aware, no plan of reorganization, in any state, has heretofore been worked out on the basis of the functional unit. In the absence of such a base, no exact and thorough co-ordination, eliminating all con- flicts and duplications, is possible. 1 ‘ . ■ . . « * . . , 50 and submit them to the legislature. The most notable examples of tnis newer tend- ency are those of Minnesota, Michigan, Missouri, and Washington, 1919 and 1921. In the preparation of the Washington ad- ministrative code the governor had the assistance of an Attorney- General known for his intimate knowledge of state govern- ment and one other, an expert draftsman and attorney of Seattle. In other words, a comparative study of the reports and recommendations of the efficiency and economy commissions as mixed groups of practical gov- ernment officials and specialists from the outside may reasonably be expect- ed to reveal tendencies and principles which represent (1) Exhaustive inves- tigation, analysis, and selection, and (2) the necessary element of practic- ability. Z. In the reports of methods of investigation is revealed likewise the true expert character of the commission. "The members of the Committee, by reason of their service in the Forty-eight and preceding General Assemblies, and particularly by reason of their service on appropriation committee, " read the preliminary statement of the Illinois Efficiency and Economy Commit- tee report, "were familiar with the lack of systematic organization among n See "Progress Report on a Model State Constitution" presented by the Committee on State Government for the approval of Members of the National Municipal League at Chicago, November 18, 1921. t . ‘ ■ 51 numerous state oificers, boards, and commissions, and were aware that new authorities might have been more effectively organized in connection with the already existing departments. They were also acquainted with the confusion resulting from this defective organization and with the difficulties of ex- ercising adequate control over appropriations and expenditures. The Committee believed, however, that it should have as a basis for its work a more thor- ough and exact knowledge than was possessed by its members, of the existing state offices, boards, and commissions, of the laws under which they operated, and of their internal organization, appropriations, and work performed. After making some preliminary study of the situation the Committee employed John A. Fairlie, Professor of Political Science in the University of Illinois, as Director of its investigational work ... In carrying out the investigations expert assistants have been employed, from the staff of the University of 111"* inois, from other universities and from those with practical experience in similar investigations. Each division of the work has been in charge of some one with special knowledge and fitness for the particular problem. In making their investigations, the Director and other investigators have consulted free ly with the state officers, boards, and commissions, and with other persons and organizations affected by or interested in the working of such services. . Following the publication of this preliminary report, a series of public hear- ings was held by the committee in Chicago and Springfield, for the further con sideration of the tentative plans. Notice of these hearings was sent to the public press; and special notices were sent to the state officers, and to organizations and individuals known to be interested in the work of particular groups of authorities." The committee here lists eighty representative of- . , . . . 52 ficais from the state departments called in from time to time for conference. Concluding, it states: "It should be clearly understood that the work of the Committee has not been undertaken with a view to the personal criticism ei- ther of particular officials or of present or past administration. No single official or administration can be held responsible for the existing condi- tions as a whole. The fundamental difficulty lies in the defective organiza- tion provided by law. So, too, the findings and recommendations of the com- mittee are made without reference to any personal or political results; but solely with reference to the inherent defects in the existing machinery and plans for a permanent reorganization of the state administration on a basis of efficiency and economy." 8 To the same end were the methods of the Ohio commission as indicated in this quotation from the preliminary statement: "Consideration of expedience have been a negligible factor in the formula- tion of the following recommendations. The controlling thought has been to devise the best possible plan of state reorganization after careful considera- tion of all the available facts bearing upon the problem. Hundreds of let- ters were written to former state officials, present state officials, civic, professional, social, and business organizations and interested citizens for the purpose of securing ideas and facts. Conferences were held with individ- uals, state officials, and a few public hearings were conducted for the pur- pose of securing additional information. In addition to the ideas and sug- gestions which were received from citizens in Ohio, a large amount of valu- able information was obtained from persons of wide experience in government- al affairs in other states." The California commission writes: "A commu- O "Report of the Efficiency and Economy Committee (Illinois) p. 28. t K ' r . ' * , ' ■ ■ k < nication was sent to every state department, board, and commission, request- ing that the committee be furnished with the following information: (1) What are your powers, duties, and internal organization as provided by law, and in fact exercised? (2) To what extent do the powers and duties of your department overlap and duplicate those of another? (3) What changes, if any, do you believe could be made in your department in order that the work might be carried on most effective- ly and in the most efficient and economical manner? (4) What other suggestions have you in mind relating either to your own department or to the state’s business as a whole, that will make for a more efficient administra- tion of the affairs of the state? The various agencies of the state answered in great detail. After the receipt by the committees of the replies, the sub-committees with associate memoers held hearings in Sacramento, San Francisco, and Los Angeles, to which were invited the representatives of the various boards, commissions, and departments, together with those citizens who had expressed interest in the subjects under discussion, and the general public. At the hearings the full- ' 1 ■ . 54 est and freest opportunity was given for the expressions of ideas and views, 9 to which full consideration was given later by the committee." In the utilization of specialists, the California commission on the testimony of its own report went far beyond any of the other thirty or more commissions which followed in the main this general policy. The original commission of eleven members was subdivided into five chief sub- commit tees: legal service, finance, commerce and public utilities, public works and pro- perties, thirty in agriculture and natux'al resources, twenty-two in labor, twenty-one in education, thirty-one in public health, twenty-six in public welfare, ten in civil service, and twelve in state defense, or a total of 221 professional and business specialists drawn from every walk of life. From this brief survey of the methods of commissions as indicated in preliminary pages of their reports, the following significant features in their methods of procedure should be stressed as they bear also on the ex- haustiveness, the authoritive character of the findings, and the practic- ability of recommendations for legislative enactments: (1) The direct participation of public officials in the investigations of the commissions, (ei- ther as members of the commission in Illinois, Ohio, and California, or as conferees and advisers in an associate capacity), in prac- tically all the commissions, though on the q Report of the Committee on Efficiency and Economy of California, March, 1919, p. 7. 55 largest scale in California commission. (2) The utilization of specialists from the state at large either as members of the commission or as associate members of sub- committees in Illinois and ualifornia, especially. (3) The securing of first hand information about the conditions and problems of the administra- tive agencies by inviting or summoning state officials before the commission, or by request- ing reports. (4) The emphasis placed on public hearings in which interested parties were privileged to partic- ipate. 3. Jfrom the considerations of personnel and methods, we come next to the analysis of conditions as the commissions found them in state administrative departments. A striking note of uniformity runs through the findings as set forth in the several reports. "The main points in the indictment may be brief- ly summarized," writes the Illinois commission. "There is unnecessary duplica- tion of positions and salaries; not only in the chief officers of each sep- arate bureau or board, but still more in their staffs of clerks and employees. But this is the smallest part of the loss. The work that is undertaken is not well done; ana costs much more for the results ootained than with a more ef- ficient organization. Supplies in many cases are purchased in small quantities for each office or institution, which could be secured at lower prices if pur- . . ‘ . . * . . ’ V i 56 chased in larger quantities on contracts based on competitive bids, as is done by the board of Administration for the charitable institutions. The absence of definite correlation and cooperation between the most closely re- lated offices, necessarily leads to loss and inefficient work. The only su- pervision provided by law over most of the executive offices, boards, and commissions, burdens the governor with a mass of unnecessary details which no single individual can effectively handle, and at the same time does not afford him either the time or the facilities for the proper determination of the more important questions of administrative and legislative policy. The present arrangements fail to provide the General Assembly with adequate in- formation or advice to enable it to perform its work wisely, either in mak- ing appropriations or in enacting substantive legislation. And while reports are made and published, they are so numerous and poorly organized that the general public fails to receive satisfactory information of the work that is done, and has no satisfactory means for fixing responsibility, or of discrim- inating between those officials who perform their work well and those who per- form is poorly or not at all." 10 Out of this general condition, the commis- sion points out, these results: overlapping functions, irregularity of re- ports, ineffective correlation and supervision, a lack of standards of com- pensation, imperfect accounts, and inadequate advice on legislation from the executive departments. Using these several '’counts" as a basis of comparison, one notes that to whereas in emphasizing the lack of correlation, the Illinois commission points out the half-dozen boards dealing with agricultural interests, the 10 Illinois report, p. 24. . . r . «* . . . . . . . 57 score of separate labor agencies, and the distribution of finance administra- tion between various elective and appointive officials,^ the New York commis- sion reports ten agencies for carrying on agricultural activities, seven for finance, ten for charitable institutions, and eight local boards for as many normal schools. Thirty- five agencies handle agriculture in Oregon, according to its commission, eight labor, forty-three education, and twenty-one carry on the activities of public works. The New Jersey commission found tnat five distinct boards and bureaus controlled the oyster industry, that six important commissions were engaged in conservation and developmental work, and the control of one state prison was scattered among five different author- 13 ities. The California commission notes that nine departments acting sep- arately carry on the agricultural activities of the state and concludes "that California can not have a consistent agricultural policy" until a coordina- tion is effected, continuing, it says, "There are no factors which are great- er causes of inefficiency than decentralized and inadequate supervision and 14 review." The Illinois commission notes that the "division of the public service in some fields has even affected the authority of the state officials, provided by the constitution, where in some cases unrelated functions are placed under th6 same official. The title of the auditor of public accounts indicates that he should control the auditing of all public accounts in the state; but his authority in this field is limited; on the other hand, he has supervision over banks and building and loan associations, a function quite ^Illinois report p. 29. ~ 2 Report of the Reconstruction Commission on Retrenchment and Reorganiza- .^tion in the State Government (1919) p. 6. "Second Report of the Commission upon the Reorganization and Consolida- tion of Different Departments of the State Government Whose Junctions are Interralted (1914) p. 24. s - , . • . . t ' . . , . . LitSOKIfn 58 distinct from the audit of public accounts. The Virginia commission found that the power of auditing their own expense accounts was vested in the state board of education, department of agriculture, and kindred agencies. ^ Five commissi ons not e the scattered offices, a type finding of which was that of Illinois, where thirty state officials and commissions had offices in Chicago at a cost for rent and other expenses of almost one hundred thousand dollars a year. No less vigorous is the commissions ' general attack on the lack of any standards of compensation in state administration. The Oregon commission asks: "Why should the members of the state board of chiropractic examiners receive $10.00 per day, while the members of the state board of examiners receive only $5.00 per day: Why should the secretary of the state fair board receive $3,000 per annum, while the state dairy and food commissioner re- ceives only $2,000 per annum?" The Virginia commission notes that the sal- ary of the state superintendent who supervises the expenditure of millions and the management of a very important government agency receives $3,500 a year, while the division superintendent of the city of Richmond gets $4,999 a year. In the same vein the Illinois commission observes that the state food commissioner of Illinois receives $3,600 a year while the more important offices of the secretary of the state board of health receive only $3,500.“^ Overlapping functions of the several departments receive special attention ^California report p. 16. 15 6 .^Illinois report p. 23* 17 18 Report of the Commission on Economy and Efficiency (1918) p. 17. Report of tne consolidation Commission (1918) p. 43. Virginia report p. 34. ^Illinois report p. 20. ‘ . . ' * . 59 at the hands of all the commissions, particularly the departments of inspec- tion from which representatives of special boards or commissions may each visit th6 same place for different purposes, and generally issue conflict- ing orders, a condition described at length by the New York Commission. w An- other source of confusion in the operation of the numerous state departments which the commissions invariably point out, is the complete absence of uni- formity or regularity as to their reports. The Colorado commission makes the most searching analysis of executive reports. In this connection it finds: ’’Practically every state department makes an annual or biennial printed report to the governor. These reports in the last biennial period varied from seven pages to over 600 pages in size. There is no unformity in contents. . . The contents of some of these reports are open to crit- icism. The annual report of the board of health, for example, issued in 1916, of which 5,000 copies were printed, cost $878.00. There were 233 pages in the report, 120 pages of which were used in reprinting a compila- tion of laws relating to the promotion of sanitation and health. These laws have no place in an annual report. It is a matter of common knowledge that department reports transmitted by the governor to the legislature each bien- nial period are rarely utilized or read by the members of the house and sen- 21 ate." A similar analysis of each of twenty-two other department reports follows and ends with the recommendation that the whole matter of reports should be discretionary with the governor. The Illinois commission finds "that the separate publication of reports for each minor office and the lack of central control over the printing of such reports adds much to the expense 20 New York report p. 115. ^Report on a Survey of the Office of Governor (no.l) (1916) p. 18. . .■ ' . . , 60 22 of printing, whicn now amounts to over $500.00 for the biennium.' The prevailing condition of ineffective supervision in state administra- tion is given marked attention in all the reports. "It is a curious com- mentary on our respect for logic," observes the hew York commission, "that the article of the constitution which confers the executive power upon the governor is followed by one which deprives him of a large part of it by creat- ing a number of high executive officers elected by popular vote and almost wholly independent of him in the conduct of executive business. As Governor Hughes remarked in his second inaugural, after two years' experience in the office: ‘While the governor represents the highest executive power in the state, there is frequently observed a popular misapprehension as to its scope. There is a wide domain over which he has no control, or slight control. '"The fact is," the report continues, "that while the constitution provides for an officer who is called the 'governor', only as a matter of declaration of principle may he be said to be endowed with 'executive power.' . . Article V is a hisorical accumulation, not a reasoned product of administrative science. There is no consistent scheme for defining departmental limits. The powers and duties of five important officers dignified by constitutional mention, th6 secretary of state, comptroller, treasurer, attorney-general, and en- gineer and surveyor, are left wholly undefined. . . One hundred and thirty- eight years of political experience has demonstrated the inadequacy of mere declarations to make a chief executive. . The fact is that the constitution itself inhibits the development of a responsible chief executive. • • Provid- ing no organization for a chief executive, the constitutional inhibition 22 Illinois report p. 21 I . .-tf> ■ ■ . , . . . . ■ . 61 against the expenditure of puolic moneys except pursuant to appropriations has done the rest. Acting within these constitutional powers, the legisla- ture has also failed to provide either organization or funds with which the governor might build up staff agencies • . . furthermore, the legislature has estaolished 140 different departmental officers and commissions having administration duties with no provision for coordination and with little possibility of executive direction and control.” Turning next to the gov- ernor's power of appointment and removal, the commission continues: ”As has been pointed out in other connections, no consistent principles have been applied in the determination of what officers should be made independent of the governor through popular election and what officers should be made sub- ordinate to him through the exercise of the power of appointment, for instance the state engineer and surveyor, an officer charged with duties which involve those of officers appointed by the governor, is made elective by the consti- tution, and an equally technical position, for which no qualifications are established, that of superintendent of public works, is made appointive. The governor's adviser on legal matters of great moment who is responsible in a large measure for the enforcement of the law, the attorney general, is elect- 23 ed, while the superintendent of prisons is an appointive officer.” Carrying the survey farther, the Commission finds that the methods of removal provided by the constitution and the statutues as well were "confusing beyond measure.” The constitution authorizes the removal of two officers by the governor, and the suspension of a third. In the case of the removal of the superintendent of public works, the governor must file a statement of causes with the sec- Report of the New York State Constitutional Convention Commission (1915) p. 95. . I X . ■ . 62 retary of state. In the case of offices elected by statute, the commission emphasizes here also great variation and inconsistency. The most exhaustive study of this phase of the governor's power is that of the Colorado commission. In a summary statement it points out the lack of uniformity in the existing method of appointment by the governor in Colorado: 1. All appointments of officers on examining boards are made by the governor without the consent of the senate, with the exception of the board of dental examiners who are appointed by the governor with the consent of the senate. 2. Commissioners like those of state banks are appointed by the governor with the approval of the senate, while the commissioner of mines and others are appointed by the governor alone. 3. Whereas the state engineer is appointed by the governor alone, the five irrigation engineers under him are appointed by the governor with the advice and consent of the senate. Here follow a dozen other similar citations of inconsistency in appointment provisions. ^ In the same vein, the Oregon commission points out the three principal ways of choosing state officials: election by the people, by appointment of the governor, by appointment of the governor and other executive officers. It notes thirteen principal elective executive officials; thirty-two boards and commissions which elect their own secretaries entirely independently of the governor; and sixteen other principal executive officials appointed by other elective officers, also independently of the governor. Commenting on this condition, the commission continues: "No efficient and businesslike administration of state affairs in Oregon can be expressed unless some one 24 Colorado report p. 15. * . . !. - ' 63 officer, who is fully responsiole to the people can control all the important departments of the administration, with the possiole exception of the auditing and treasury departments* The governor does not do so at present, however, for three main reasons: (l) Because there are too many elective officers. (2) because the administration is split up into too many departments for the gov- ernor to exercise adequate control over them. (3) Because the appointing pow- er is too often shared with other officials, boards, and commissions . • • Instead of one governor, Oregon has a multitude of governors . . . There is no logical reason inhering in the character of the position or the nature of the duties why some officers should be elective and others appointive. Why should the public service commissioners be elective while the industrial accident commissioners and the highway commissioners are appointive! Why should the labor commissioner be elective while the corporation commissioner is appoint- ive!”^ A degree of disintegration greater even than this of the Oregon execu- tive, however, is revealed in the findings of the Delaware commission. It was found in making the survey in that state that the administrative branch of the government included one hundred seventeen separate agencies, which were in many cases independent of each other and without any direct and effective supervision by the governor* Of these agencies, the heads of six were elected by the people, eighty-three appointed by the governor (in most cases with the senate's approval) , two were appointed by the judges of the superior court of the state, twelve by boards and administrative officers other than the governor, and fourteen were ex-officio bodies. Fifty- four 25 Oregon report p. 9 . 64 of the total number of agencies were headed by boards or commissions* In addition to certain inherent defects which it points out, the commission found that the board system of Delaware was so organized as to deprive the governor of the control which he must have in order to be responsible for the state's business. This was especially true since members had overlap- ping terms, making it possible for the governor to chose only a minority dur- ing his term. ?,e When we come to summarize, then, the findings of commis- sions with respect to the impotency of the American state governor in the matter of supervision, we find that a concensus of the reports shows: (1) A so-called "chief" executive surrounded by a group of constitutional, elective executive state officers with a political relationship such that the governor can actually exercise little supervision over them. And as the Illinois commission points out, this lack of control extends not only to their primary functions, but also to other unrelated powers and duties imposed on them by statute. ( 2 ) A statutory organization of the executive department with a preponderance of boards, officers, and commis- sions usually appointive by the governor (with the advice and consent of the senate), but in many cases with terms so adjusted that he does not control the appointment of individual officers or of a majority of the members of boards. 26 Report and Recommendations of the Delaware State Survey Commission (1920) p. 11* 65 (3) Statutory as well as constitutional provisions for appointment and removal whicft follow no consistent principle of effective administrative control and thereby remove important officers from even the governor's nominal supervision. (4) A multiplicity of separate offices, which, though under the nominal supervision of the governor through his power of appointment and removal, by their very number makes impossible the exercise of any adequate control. 4 finally, there logically follows from this lack of correlation and effect- ive supervision, the Illinois commission points out, one of the most serious defects of state government: namely, the absence of any satisfactory budget of estimates as a basis of appropriation. In this connection the Commission observes that although the constitution expressly provides that the governor shall "present estimates of the amount of money required to be raised by taxa- tion for all purposes" no governor had "heretofore ever complied with this 27 constitutional duty." The Commission concludes that the failure to do so had undoubtedly been due in tne main to the fact that the executive author- ities as organized had not afforded the governor the facilities he needed to perform this duty. Identical with this finding is that of t«e Colorado Com- ?8 mission. 4 The Mew York Commission sees the same direct relation between a disintegrated executive and a sound system of finance and budget. Among oth- er things it observes: "The present numerous independent agencies of the ^Illinois report p. 22. °Colorado report p. 24. ■ ‘ • , • • * ' - « , . 66 state government make impossible wise planning in the distribution of public expenditures among the several branches of the service; and they likewise work against strict and effective control over the use of money and property •. Where there are unlimited demands made by a hundred or more agencies, a scram- ble ensues • . Even if the governor should be empowered to prepare the budg- et of the state for legislative consideration, he could not do it effectively under the present organization. A cabinet of a hundred and eighty or more members is unthinkable and a cabinet is necessary to financial planning . • . The more spigots there are in the barrel the more difficult it is to keep a watch on them. There are too many streams and rivulets runnings out of New York's treasury. Our present budget system instead of being the most effect- ive instrument in the hands of the Executive for planning order and economy in the work of all departments, has been the means of further scattering au- 29 thority and responsibility and of producing enormous waste in expenditures.' The Massachusetts Commission draws a convincing conclusion in this connection from the refusal of the governor in 1919 to take any of the responsibility for the budget of that year. In transmitting the budget to the legislature he is reported as saying, "The estimates for expenditures have been studied by the supervisor of administration and his recommendations are embodied in the sum- mary of financial statements submitted with the budget." In repeated ref- erences to this budget, the Commission observes, the governor invariably referred to the "recommendation of the supervisor of administration," assum- ing no responsibility therefore, though the budget law requires the supervis- or to prepare a budget for the governor "setting forth such recommendations as the governor shall determine." As good and satisfactory reasons for the 29 New York report p. 29 t • * * - . . . - • ■ . , 67 refuaai of the governor to assume any of the responsibility for the budget, the Commission points out (1) That both an elected executive council and a legislative organization and procedure prevent his leadership, while the supervisor of administration who is charged with the duty of preparing the estimates is responsible to a ten-headed executive, the "governor and coun- cil." (2) A large part of the departmental estimates for special purposes was filed too late to allow for the necessary revision before the supervisor made recommendations for the governor's budget. (3) The tentative budget for 1919 was in the hands of the governor for only five days although it called for an outlay of over thirty-five millions of dollars. The Commission then reviews in detail the procedure by which, under the budget act, the House Ways and Means Committee remade the budget which the governor submitted. In approving the bill, the commission points out that the governor not only "did not exercise his right to veto items in appropriation bills or to reduce items, but accepted every change made by the legislature." A more striking example of executive impotence could hardly be cited. In this same connec- tion, the Illinois Commission observes: "With the existing lack of efficient organization, both the Governor and the General Assembly fail to receive prop- er information and advice as to needed legislation. The constitution provides that the governor shall recommend to the General Assembly such measures as he shall deem expedient, hut no machinery has been provided by which the rec- ommendations and proposals for legislation from the numerous lists of of- ficers, boards, and commissions can be carefully weighed and sifted by of- ficals charged with responsibility over a large field of administration . • 30 "" Cf. Cleveland and buck: "The budget and Responsible Government" p.226. * . ■ . 68 As a result there is no harmonious legislative policy even formulated; and the measures enacted not only lack coherence, but at times are passed at the same session which contain directly contradictory provisions.” 0 In conclusion, two reports may well be quoted as representative of the general conclusions of the Commissions with respect to the general situation in state administrative departments as they found it. "Under the present arrangements," writed the Illinois Commission, "while the general public is deluged with printed reports, it fails to receive reliable information in digestible form as to the conduct of the state administration, and is unable to locate definite responsibility for negligence or misconduct in public business. Public opinion usually considers the Governor responsible for the conduct of the State government; but with the lack of effective executive control over the subordinate officials this opinion is not fully justified. At the same time, the popular conception of the Governor's responsibility, in the opinion of this Committee, is based on a sound and just principle; and the machinery of state administration should be so organized as to enable 32 this conception to be adequately realized." "Such an inquiry," concludes the New York Commission, "reveals at the outset the fact that we have attempted to secure responsible and efficient government without utilizing the means which are known to be effective for locating and enforcing responsibility, and have adopted methods for obtain- ing efficiency which are repudiated in institutions, both public and private, where efficiency obtains. We have sacrificed, perhaps unwittingly, honest 31 ^Illinois report p. 22. 32 Ibid. p. 24. * . 69 and efficient government to our fear of vesting power in the hands of our puolic offices. No business, public as well as private, can be successful if those who are in charge of it are not given powers commensurate with their responsibilities. It may be that political expediency makes it desiraDle to create such a confusion of offices, terms, and authorities as to prevent any person or group from doing much harm (except where a party organization controls all of them officially). If so, then the quest for honesty and ef- ficiency all through the government is futile. Efficiency depends upon the possession of adequate authority with means adapted to its effective ex- ercise." 33 Out of this general appraisement of existing conditions in state exec- utive departments, the following enumerated defects are noted as significant in that they form the nucleus around which the efficiency reports were built up: (1) Unnecessary duplication of positions and salaries. (2) Lack of correlation and cooperation in the work of agencies carrying on similar or closely related functions. (3) Overlapping of functions even where there is no direct duplication of work. (4) Lack of equitable or logical rates of compensation. 70 (5) Irregularity of reports. (6) Lack of effective supervision and control over units of related services and over the adminstration as a whole. (7) Lack of provisions for executive leadership in mat- ters of economy through control of the budget. (8) A large variety of methods of appointing administra- tive officers so that no single agency can claim complete authority. (9) Overlapping terms in the same commission or board, so that no new policies can be speedily adopted, (10) Diversity in methods of removal and resulting ir- responsibility of administrative agencies. 5. i*rom this analysis of exisiting conditions and summary of findings, one comes to that major part of the reports of commissions to find an even great- er thoroughness in the constructive proposals presented. After an inten- sive study of municipal and national administration in the United States, those more important and original commissions, Illinois and New York, turned to administrative organization in Great Britain and in the principal govern- ments of the continent in a comparative search for practical standards. The influence of this study is indicated in the statement of general principles and purposes by the Illinois Commission: "In order to secure efficiency and economy in the executive organization, the Committee proposes to apply . . 71 to the State services, so far as can be done under the present State constitu- tion, the general principles followed in the organization of the executive departments of the United States Government. These principles are also follow- ed in the administrative organization of all the important governments in the world, in the recent plans for the reorganization of State and municipal gov- ernments in this country, and in large private business enterprises." The most comprehensive report of a similar comparative study is that of the New York Commission. As a result of this comparative study, the Commission devotes some 100 pages to establishing certain workable, desirable principles 35 for appraisement of administration at home. An example of this comparative method and of the critical tests develop- ed and applied is its statement of three objections to the Illinois Code: (1) "It (the code) fails to give the governor or rather his chief administrative officers full and unhampered authority in the appointment of a number of subor- dinate officers. It is contrary to the principle of responsibility to have a number of subordinate officers o appointed by the Governor with the approval of the Senate. Such appointments should be made by the de- partment heads after consultation with the governor. (2) The code does not attempt to codify the existing laws relating to administration. The old laws stand as they were before the adoption of the code. Only the 34 Illinois report p. 27. 3 5 Report of the New York Reconstruction Commission p. 235. * . - 72 agencies through which their provisions are enforced 36 have been changed. (3) It is not sufficiently comprehensive. It does not include all the administrative agencies of the State." In conclusion, however, the Commission observes: "Even with these short- comings, the Illinois Administrative Code constitutes the first comprehensive consolidation scheme enacted into law. It is a worthy example to other states of what can be accomplished by statutory means in the bringing together of scattered adminstrative agencies and their integration into a real administra- 37 tive system." With a directness characteristic of the reports in general, the toew York Commission goes straight to the element of expediency in the Illinois plan and raises a question which must have divided every such expert body engaged in this work: What considerations of expediency shall be permitted to modify the logical administrative arrangements developed in accordance with sound principles: That the several noteworthy commissions had debated this point is clearly evidenced in the preliminary statement of guiding consderations with which the majority of the reports begin: "It seems advisable, however, to present here some of the general considerations underlying the proposed plan as a whole," observes the Illinois Committee, "in order to make clear tne main purposes of the Committee . • • This general plan has been prepared with reference to the existing authorities and their present powers and du- ties. There has been no attempt to formulate an ideal scheme of State act- ivities, or to propose extensive changes in the suostantive law. . j*'or the 36 Ibid. p. 258. ' 4 * * ■ 73 most part provision is made for continuing the present services under what is believed to be a more effective organization. Nor has a strictly uniform plan of organization been proposed for each department or group of services, such as characterizes the French system of administration. This might be advisable in organizing an entirely new system; and may be worthy of considera- tion at some time in the future, with the further development of State admin- istration in Illinois. But some variations in the organization for different purposes seems better suited to existing services and present conditions in this State. . . From another point of view, the plans proposed also fall between two possible extremes. While they call for a larger number of impor- tant changes, they are not presented merely as a scheme for the distant future. They have been framed with refexmce to present conditions in this QC State; and it is believed they are adapted to prompt adoption and execution."*" In contrast to this position seems the policy of the Ohio Commission indicated in its preliminary note: "Considerations of expediency have been a negligible factor in the formulation of the following recommendations. The controlling thought has been to devise the best possible plan of state re- organization after careful consideration of all the available facts bearing upon the problem." On the other hand, the New Jersey Commission in recount- ing some of it 8 difficulties sets out the eternal human element involved, of which it seems it wise to take account. "Whenever we have broached the sub- ject of consolidation, we have been met by the statement that it is most excellent, that it will result in economy and that it will promote effi- 'Ibid. p. 259 3b Illinois report p. 32 • ' . . • • ■ . . 74 ciency. Usually, however, where the person with whom the discussion takes place is a State official, while he is loud in his praises cf what can be accomplished along such lines, he is, at the same time, strong in his denun- ciation of the application of it to his particular department. In other words, many of the departments, boards, and commissions admit that, from a business standpoint, it is most admirable, but that it should hot be applied to them, as they are most efficient in the administration of their particular department. As exempli tying this sentiment, we have set forth this abstract of a letter written by a member of one of the State commissions to a rep- resentative State civic organization: Dear Sir: I am in receipt of the notice from the * * * informing me of the conference that has been called for Tuesday, December 23rd, to consider the work of the Economy and Efficiency Commission. It is a matter of regret to me that I cannot attend the conference, but I heartily concur in the recommendations of the Efficiency Commission for the consolidation of certain homogeneous departments and the elimination of existing duplication of effort. However, I want to go on record as saying that I am unalterably opposed to any move or recommenda- tion that will disturb the work of the * * * Commission, etc. 39 following the general trend of the emphasis which the commissions seem to place in preliminary statements on considerations of practicability, one 39 new Jersey report (1914) p. 15. ‘ ' . ■ . ■ . 75 is led to believe that the experience of the New Jersey Commission was du- plicated v/ith similar subsequent influence upon the reports made. Observes the Iowa Commission: "We do not enter upon the field of speculative re- organization, but simply undertake to establish a business management, taking things as we find them. While the committee is in sympathy with many of the proposed theoretical reforms in government, yet we have not considered it our field to undertake to work out any of these, leaving that field to general legislation. As a matter of fact, our work is not in conflict with any of these, and is in harmony with some of them, but the reforms presented in this report are essentially practical, not theoretical, in spirit. We ask that the proposed reforms suggested by the committee shall be judged only by the reports issued by tne committee and the measures proposed to be enacted in- to law, as there are many things suggested in the report of the efficiency engineers and in the discussion of these matters issued from other sources, with which the committee is not wholly in sympathy and there are other sug- gestions, while we may have believed them to be based upon sound judgment, we have not deemed it wise to attempt to include in our recommendations for present legislation . . . We wish to keep before the minds of the members of the Iowa legislature the fact that this committee is approaching the considers* tion of these problems from a very practical and conservative point of view. It should be pointed out in the case of the Iowa commission that the initial investigation and report was conducted by a sub-committee of experts whose findings were the "dehumanized expert recommendations" of efficiency engineers, The California Taxpayers' Association "wishes it to be understood: (1) That 40 Iowa report (1915) p. 7. • * ' . 76 this plan does not involve the elimination of any function now performed by the state government . The elimination or addition of functions is a matter for the legislature and the people. (2) This plan does not eliminate any constitutional officer or board . The constitution should be amended to do so in certain cases, but this, likewise, is a matter for the legislature and the people. (3) This plan, in its entirety, can be adopted by the 1919 leg- islature, by statutory enactment . There are no constitutional barriers, and 41 therefore no necessities for delay." The wisdom of a body like that of the Taxpayers* Association, in attempting to forestall the rejection of their own plan by emphasizing expediency, is better appreciated in the light of the pol- icy of the Delaware mixed commission: "The Survey Commission has not attempt- ed to follow the recommendations made by the New York Bureau of Municipal Re- search. The recommendations of that Bureau, if put into practice in Delaware, would create an administrative cabinet of nine departments of State, the heads of which would be appointed by the Governor. It would abolish several elective offices provided by Delaware's State Constitution. The Survey does not enter into a discussion of the wisdom, per se , of such a form of administrative government in the State of Delaware, but it clearly is not only inadvisable but impossible at this time to call a State Constitutional convention for the purpose of considering the recommendations made by the New York Bureau of Municipal Research. It is equally inadvisable, from the standpoint of practical results, to attempt to obtain the recommended constitutional changes through the slow process of legislative proposals and general elections, consequently, no recommendations herein embodied require any other action than legislative enactment to make them effective. Further- more, in our opinion, some of the recommendations of the New York Bureau of 41 “ ~ ■ " California Taxpayers' Journal, January, 1919, p. 3. 77 Municipal Research are not practical for Delaware at this time. We do not decry upholding the ideal. Human progress is accomplished by moving onward and upward toward the ideal; little human progress is achieved by violently discarding everything that is imperfect and attempting over-night to sub- stitute the perfect or ideal. One is growth and development; the other is revolutionary. Institutions and governments which have proved their worth and permanency are the results of growth rather than evolution. In the opin- ion of the Survey Commission there is nothing to be gained by needlessly setting at defiance the traditions of a conservative commonwealth, or at- tempting to wrench from their foundations institutions which have served this commonwealth for generations . • The recommendations herewith suggest many modifications and changes, but we do not feel that anything herein recommended does violence to any worthy tradition or calls for the abandon- ment of any practice or method which is honored by merit and virture rather 42 than by time and custom." In this study of a representative reports of commissions, it will be noted that expediency came ultimately to play the dominant role in the rec- ommendations finally submitted to the legislative body. In other words, (1) Where the purely expert body like that of the efficiency engineers of Iowa, or the Bureau of National Research of New York City was guided in its find- ings by objective investigation and analysis solely, a mixed commission of legislators or other government officials and a group of representative lay- men, like that of Delaware, reviewed and modified such findings to meet the political exigencies of the hour and place. (2) Where sub- commit tees of experts worked in close conjunction with the legislative or citizen commis- 42 Delaware report (1920) p. 6 . : „ » . 78 mission itself, practical considerations tended to modify the recommendations of the expert investigators as in the case of Illinois. (3) Where a special staff of investigators employed under the direct supervision and control of the governor submitted to him a so-called non-political report, the governor himself reviewed and revised the findings on grounds of expediency before transmitting them to the legislature. It follows, therefore, that the effective report, of that which ultimately reaches the legislative body tends invariably to become the practical report, or the report into which there has entered considerations of expediency. fc. However, much or little the Commissions were influenced by considerations of expediency, none was so committed one way or the other that it did not deem a statement of the general considerations which had guided them indispen- sable to the precise understanding of its recommendations. A general survey of recommendations of the Commission, therefore, quite properly must begin with a study of these guiding principles. "It seems advisable at the outset," notes the Illinois Committee, "to present here some of the general considera- tions underlying the proposed plan as a whole, in order to make clear the main purposes of the Committee. In the first place this comprehensive scheme of reorganization has been formulated in preference to a more limited plan deal- ing only with some groups of offices and departments, in the belief that the general survey is more likely to take all factors into consideration, while a partial study might lead to proposals for the offices considered which would conflict with the best arrangements for other offices not taken into considera* tion. In the second place, this general plan has been prepared with reference to the existing authorities and their present powers and duties. There has 43 *" * “ T 1 Cf. Messages of Governors Hart and Groesbeck of Washington and Michigan respectively. Part I. ' t i , , • ■ 1 . • f 1 t ' . ■ — 79 been no attempt to formulate an ideal scheme of state activities, or to propose extensive changes in the substantive law. In some cases where exist- ing authorities seem to be clearly of no value, their abolition is recommended, nut for the most part provision is made for continuing the present servies under what it is believed to be a more effective organization. Nor has a strictly uniform plan of organization been proposed for each department or group of services, such as characterizes the trench system of administration. The plans proposed include single officials for some purposes, and boards or commissions for others. The number of boards, however, are much fewer at present; and the boards proposed will be either composed of salaried members giving full time to the service, or of unpaid members, with a few cases of ex officio membership. . Nor does the Committee approve of statutory provisions requiring the representation of more than one party on administrative boards and commissions ... The purpose of the Committee has also been to propose boards only for functions where consultation and consideration of several per- sons is advisable; and single officials are recommended, in all cases to be in charge of distinctly executive work. . • From another point of view, the plans proposed also fall between two possible extremes. While they call for a large number of important changes, they are not presented merely as a scheme for the distant future. They have been framed with reference to present condi- tions in this state; and it is believed they are adapted to prompt adoption 44 and execution." In much the same purpose, the New York Commission proposes: N (l) A consolidation of all administrative departments, com- missions, offices, boards and other agencies into a small number of departments, each headed by a single 44 1 'Illinois report pp. 31,32. . I . . . , . ' t *> . f officer, except departments where quasi-legislative and quasi- judicial or inspectional and advisory functions require a boards* (2) The adoption of the principle that the governor is to be held responsible for good administration and is to have the power to choose the heads of departments who are to const itutute his cabinet and who are to be held strictly accountable to him through his power to appoint and remove and through his leadership in budget preparation. This involves among other things the reduction of the number of elective administrative officers to two: the governor and auditor. (3) The extension of the term of the governor to four years and the careful adjustment of the terms of department heads with reference to the term of the governor. Except- ing members of boards with overlapping terms, department heads should have the same term as the governor. (4) The grouping of related offices and work in each of the several departments into appropriate divisions and bu- reaus, responsibility for each branch of work to be centralized in an accountable chief. (5) A budget system vesting in the governor the full respon- sibility for presenting to the legislature each year a consolidated budget containing all expenditures which • '' 11 ? « * . , 1 . . ■ ■ 81 in his opinion should be undertaken by the state, and a proposed plan for obtaining the necessary revenues— such a budget to represent the work of the governor and his cabinet* "In case a system is adopted which provides for a responsible executive,'* note 3 the New York Commission in this connection, "the chief executive should be provided with the following machinery: (a) An executive officer or personnel for receiving reports, issuing orders, and handling the routine work of the chief executive* (b) An executive council or cabinet made up of specialized vice-governors or heads of functionally related admin- istrative groups who will serve as 'line' advisers. (c) 'Staff' agencies so organized and related to the chief executive that he may refer any question, for inquiry and report, to a detached expert or professional per- sonnel who may also be relied on for preparation or review of the budget and other proposals which are to go before the legislature*" The Iowa Commission states as the three elements of its plan of reorgan- ization: efficiency, economy, and the fixing of responsibility for the pur- 46 pose of making the government more responsive to the will of the people. With each bill submitted there was a brief explanation making clear of the 45 New York Reconstruction uommission report (1919) p. 11. , . . 82 application of the foregoing principle. In its initial summary of recommenda- tions, the Oregon Commission proposes (1) That th6 governor appoint all heads of state administrative departments under reorganized and consolidated admin- istration. (2) That in making appointments the governor be privileged to act in all cases without confirmation by the Senate. (3) That all minor officers be chosen under civil service regulations. (4) That the governor be relieved of membership on all state boards except constitutional boards. "In setting forth the reorganization plan," reports the California Taxpayers' Association, "the Association has recognized and sought to apply the following principles: (1) Departments having to deal largely with matters of policy should be controlled by boards, in order to insure the application of group judgment. (2) Departments dealing with administrative and executive functions should be under the direction of a single head, in order the better to centralize respon- sibility for performance of function. (3) Policy-making departments controlled by boards should be divisionally-organized, so as to centralize, in division heads, responsibility for the performance of functions. (4) Boards presiding over policy-determining departments should consist of the heads of the respect- ive divisions falling within such departments. The heads of divisions are famil iar with the practical phases of departmental work, and themselves direct it. Their value, therefore, as members of a department board is increased. There is no necessity for the appointment of boards otherwise constituted, as they tend toward confusion, interference and loss of responsibility, and also increase of pay roll. (5) All department heads and chiefs of divisions should be ap- pointed by the governor and be directly responsible to him. Under the Con- 4 _Iowa report (1914) p. 5. 'Oregon report p. 11. , '■ . . „ , ■ . • ■ BBC * • - ! . ( ’ ■ 83 stitution there are a number of elective officers. These have been placed at the heads of appropriate divisions. The matter of amending the constitution, with respect to such officers, is a matter for determination in the future. 48 It rests with the legislature and the people. Special interest attaches it- self to the report of the California commission when compared with that of the Taxpayers* agency. "The important features of the recommended plan of re- organization, " reads the California Commission report, "are the establishment of certain principles which are essential to efficient governmental management. These are: (1) centralization of responsibility. (2) Co-opex’ation of the larger organization units. (3) Co-ordination of agencies which perform sim- ilar or allied functions. These principles have been carried into the proposed plan by: (1) The creation of a governor's cabinet, composed of departmental executives appointed by him. (2) Insuring co-operation of various departments by bringing their administrative officers together in an executive council. (3) Placing in departments, under one executive head, those agencies which perform similar or allied functions. The departmental units created are suffi- ciently comprehensive to include such agencies as may from time to time be established, because of the great diversity in the nature of the state's activities the committee has found it impracticable to correlate all of them 49 into larger administrative units." Compared with these earlier reports, one of the most recent, that of Ohio Commission has special significance. "In formulating the plan for reorganiz- ing the state government, the following principles have been followed: (1) The governor, who is elected by the people, would be 48 California Taxpayers* Journal, January, 1919, p. 4. ^California report (1919) p. 7. * • t • • • . ' * . . . , • * * . . . . 84 the responsible head of the state government and would possess power and authority commensurate with his respon- sibility. The term of the governor would be extended from two to four years and all department heads would have the same term as governor except members of boards with overlapping terms* (2) The auditor, who is also elected by the people, would constitute a continuing check upon the work of the governor and his subordinates. The investigations of the auditor would include not only financial audits, but criticisms of operation and results. (3) Departments and boards performing work of a similar or related character would be grouped together into a major department; the various functions would constitute bureaus or divisions operated under an accountable chief who would report to the head of the department. The de- partment head would be directly responsible to the gov- ernor. (4) Departments having to do largely with matters of policy would be controlled by boards in order to insure the application of group judgment, boards would be retained for the health department, industrial commission, public utilities commissions, and state board of welfare. The following methods are outlined for making the governor the responsible head of the state government in fact ' , , 85 as well as in name: (1) All department heads would be appointed by the governor and be directly responsiole to him without confirmation of the senate. This involves an amendment to the constitu- tion permitting the appointment of the sec- retary of state, attorney-general, and treasurer, by the governor. (2) A reduction in the number of independent departments, offices, boards, and commissions is recommended. The numoer of elective of- fices would be reduced from six to three and the activities now performed by thirty- six independent boards and commissions would be combined into thirteen major departments. The governor could be relieved of the necessity of supervising and coordinating the work of thirty- six departments, staff meetings of department heads would become possible and by this method, he could obtain a bird's-eye 50 view of all the state's activities." The Minnesota commission set forth three subjects: administrative consolidation, the merit system, and the adoption of a budget. A few special functions were to be performed by the administrative agencies outside the six executive departments estaolished, such as the civil Service Commission and 86 the Tax commission. The constitutional officers were not affected by the re- organization plan. There were two exceptions to the general rule that there shall be a single head of each department appointed by the governor: finance and education* In the former case the treasurer, who is a constitutional officer elected by the people, was to be made acting head of the department. In the latter case, the commission recommended two boards, the Regents of the University and the new board of Education, the latter to have charge of all other state educational work. The Commission claimed that in recommending this form of organization it was following the general practice or custom of treating education as independent of other functions of government* The direct- ors of departments were to hold office at the pleasure of the governor and to be responsible to him for the conduct of their departments, and were to consti- tute the permanent staff. Advisory boards were attached to the departments of labor and commerce, public domain, welfare and agriculture. These were to be appointed by the governor with overlapping terms. * The Delaware Commission because of the peculiar condition in that state where fifty-four boards and commissions were exercising administrative powers, indicated a general principle for reorganization in an initial four-fold crit- icism of the board system: (1) boards seldom show any real initiative, and therefore business-like leadership in improving service is not to be expected from them. They are a check upon good work, not a spur to invention and activity. (2) In addition to being a drag upon administration, boards ■ ■ — I ■ i— 1 ■■ — m j^Ohio report (1920) p. 7. ^Minnesota report (1917) p. 9. * * . " ■ . . * . . 87 and commissions are so constructed that definite responsibility for action or inaction cannot be located. In fact, board government in general may be regarded as a clever means of escaping account- ability and consequently criticism or blame, hence the board system appeals particularly to a certain class of administrative officials vho wish to shift responsibility from themselves. (3) The board system tends to delay and inefficiency. Boards, meeting as they do only periodically, can- not exercise effective supervision and control. (4) In addition to its inherent defects, the board system of Delaware is so organized as to deprive the governor of the control which he must have if he is to be responsible for the state's business. The board members usually have overlapping terms, hence each governor may appoint only a minority. Each board is therefore a government within it- self. In concluding, they observe that boards can be justified only when they function in a quasi- judicial, quasi-legislative, or advisory capacity. Ad- ministration or the execution of policies should not be entrusted to boards. It should be done by individuals and not by boards. The Commission then offers the following suggestions for reorganization: . . ' f 88 •*(1) The governor should be the only elective administra- tive officer in the state government. (2) The governor should have the sole power to appoint and remove all executive officers. To require the consent of the senate is to make this power condi- tional and to permit responsibility to be shifted. (3) The responsibility for preparing the budget of the state should be placed squarely on the governor. (4) The office of lieutenant-governor should be abolished. except in the case of succession to the governorship • . . the lieutenant-governor plays an insignificant role in Delaware. The senate should choose its own presiding office . • • The secretary of state might well be designated governor in case that office should 52 become vacant.” The tendency to uniformity in basic proposals of the several types of commissions is borne out by the following citation from the Maryland report (1921) prepared by a private firm of efficiency engineers. "The plan rests in part in the short ballot principle in that it proposes a reduction in the number of elective officials . • • Kach major department is to be made up of one or more bureaus and an administrative office. The latter would concen- trate the administrative work of the department as a whole and would have general control over the preparation of departmental estimates, and over- 52 Delaware report ^1920) p. 14. * . . . ‘ . ' 89 expenditures, cost accounting, and reports. The principle policy-determin- ing and administrative officer for each department would be a 'director' ap- pointed by the governor and removable at pleasure. The eleven directors would all be members of the governor's cabinet . . . There would be one or more 'permanent' executive officers in each department, one at the head of each bureau ... In conjunction with the eleven executive departments and the independent auditing office it is proposed to establish certain advisory boards or councils whose function it would be to advise administrative of- ficials and to assist in the formulation of policies. Each of these boards would be an integral part of a departmental organization, but it is not in- tended that it should have active part in administration. It should serve a useful purpose, however, in situations where the judgment of more than one person is valuable, and where the opinions of representatives of the general public would tend to assure the government of the soundness of a given proposal. Positions on such boards would be non-remunerative." The Commis- sion then recommends with reference to these boards that they be placed in the departments of finance, welfare, health, education, commerce, labor, employment and registration.^ The most recent recommendation relating to general principles underly- ing administrative reorganization is sections 41-48 of the "Model State Con- stitution" mentioned in another place. In general, the provisions are based on the principle of concentrated executive power as found in the national constitution. By the provisions of the "model" instrument, the executive power of the state shall be vested in a governor, elected for a term of four years. He is to appoint and remove heads of all executive departments, and 5 3 ’ ' ‘ Report in The Organization and Administration of the State Government , , 90 all other officers and employees in the executive service are to be appointed by the governor or by heads of executive departments as may be provided by law. section 47 attempts to secure a close relationship between legislature and governor by providing that M the governor and heads of executive depart- ments shall be entitled to seats in the legislature , may introduce bills 54 therein, and take part in the discussion of measures, but shall not vote.** The preliminary statements by the commissions of underlying principles, therefore, show that the one basic consideration is the status of the gover- nor. In a word, an explanation of a plan for reorganizing state government invariably includes, as that of the Ohio report, an outline of methods for "making the governor the responsible head of the state government in fact as well as in name.'* In the whole series of reports where preliminary state- ments of aims appear, not a single exception was to be found to this rule wherever the recommendations of specialists had been incorporated in whole or in part, common to all of them is the adoption at the outset of the principle that the governor is to be held responsible for the administration of the state. In other words, to design a strong, sole, executive leadership— *'a leadership within the government which could be effective for directing and improving the public service and at the same time could be reached and controlled by the electorate and their representatives through their cons- titutional power to control the purse"— seems the manifest intent of this part of the reorganization scheme. Reduced to working principles, the general provisions of the reports ae they relate to the new status of the governor may be expressed as follows: Maryland, crif fenhagen and Associates, ctd. Chicago, April 15, 1921, 54 P * 25# "Progress Report on a Model State Constitution" by the Committee on ‘ * « ' . . ' ; I I o 1 . * 91 (1) no officer should be elected whose powers and duties do not make him important enough to attract and secure intensive and extensive popular interest, concern, and scrutiny. (2) Only those officers should be elected who have the power to decide important questions of policy or who are expected to assume leadership in the formulation and execution of governmental programs. (3) The number of officers elected at any one time should be so limited that the policies and merits of each may receive adequate and effective scrutiny by the voters. (4) The number of administrative departments should be reduced to the smallest number consistent with the general lines of functional grouping to secure a-Effective supervision. b-A Cabinet not too large for consultation purposes. (5) single heads appointed by the governor should be charged with the administrative work of the several departments. (6) Boards ought not to be charged with administrative duties. State Government for the National Municipal League (1921) p. 8. 92 (7) Boards consisting of members having experience in work of departments to which they are attached may be logically assigned for advisory or for quasi- legislative and quasi- judicial functions in such departments as Agriculture, Public Works, Public Welfare, Public Health, and Education* (8) Terms of department heads or other administrative officers with discretionary powers should coincide with that of the governor* (9) Bureau and division heads should be appointed by the governor or heads of departments. (lOj A responsible chief executive should be provided with the following staff machinery: a- An executive officer or personnel for receiving reports, and handling routine work. b-A Cabinet for consultation, c-cetached staff experts or professional personnel* 7 One of the most significant of the more recent tendencies in reorganiza- tion disclosed by the Commissions is the new emphasis on the functional unit as a basis for reorganization. Indeed, the California Taxpayers’ Association Committee, to whose report we have already referred, takes pains to observe in the introductory statement of their own plan, that "so far as the Associa- 93 tion is aware, no plan of reorganization, in any state, has heretofore been worked out on the basis of th6 functional unit." The new emphasis made in their distinctly functional reorganization is indicated in a comment which follows: "In the absence of such a base, no exact and thorough coordination, eliminating all conflicts and duplications is possible. The Association, however, is not wholly accurate. In Chapter IA of the Report of the New York state constitutional convention commission (1915) a proposal for reorganization of the administration proper is preceded by a functional classification which forms the basis of a logical correlation of activities in departments as well as a correlation of activities and of the agencies which carry them into effect. The N6w York report begins with a precise definition of administration as distinguished from politics. "The word ’administration* is from a Latin verb, which means to manage , to ex- ecute . Management has to do with the preparation, submission, approval, and execution of plans. In a representative system the board is a part of manage- ment to the extent that its approval is necessary. Otherwise management is primarily an executive function. The problems of management fall into two general classes corresponding to functions or activities of similar char- acter, Yiz.: (1) those which have to do with the state or other institution acting as a proprietor— activities of a kind that must be carried on no mat- ter how extensive its functions; (2) those functions or activities in the nature of services rendered to the public— things done in carrying out the purposes for which the institution exists. The first of these will herein- after be referred to as proprietary functions ; the second will be called in 55 , - . —~ oalifornia Taxpayers* Journal, January, 1919, p. 1. ' , « • ■ . . » 94 contradistinction public service functions . Each institution has its own purpose and an organization and technique developed or to be developed suit- ed to its work. Among the common proprietary functions or groups of activ- ities are these: (1) Obtaining and caring for the funds required, whether raised as revenue or by borrowing* (2) The employing and caring for the personnel needed on the enterprise* (3) Acquiring and caring for the supplies and equipment and properties required to make the personnel effect- ive. (4) Paying the debts and current obligations of the govern- ment* The public service functions differ with each institution or enterprise* Those which are carried on by the government of the state may be grouped as follows: (1) Military protection. (2) Promotion of public education, art, science, and recreation* (3) Construction, operation, and maintenance of public worke. (4) Promotion of public health and safety. 95 (5) Regulation of puolic service corporations. (6) Promotion of agriculture and industry. ( 7 ) Protection and promotion of the interests of laDor. (8) care and education of the dependent, defective, 56 and delinquent classes.* 4 Mere follows tabulated considerations under general heads: “General Requirements of Organization for Administration, M "Principles Governing De- termination as to Whether Executive uontrol Should be centralized," "Applica- 57 tion of General Principles to functional Groups.* 4 functional organization, therefore, was a basic consideration in the more comprehensive reports, of which the New York findings are a fair example, a number of years before the publication of the Taxpayers’ plan. Furthermore, the Association, notes: "It has been rather common, in re-organization enter- prises heretofore undertaken by states and municipalities to group officers, boards, etc. which perform similar or somewhat similar functions; or officers, boards, etc. whose main functions are similar; or to eliminate existing boards, officers, etc. by transferring their functions in their entirety to this or that group or department. Such work is regarded as a ’functional reorganization;* but, as a matter of fact, it is not fundamentally functional , because it does not deal with the individual function as the unit . (Italics their ©wn)i° C Again the Association falls into error by too sweeping a gen- eralization as the careful analysis of the recent reorganization measures in 56 wew York constitutional commission report (1915) p. 39. I t ' • ' ' ► - • . ••• 96 the states vill show. What is this functional principle they claim to have evolved! We give their own statement: “The acceptance of each individual function performed as a unit means that the reorganization which follows will of necessity be fundamental and complete. The first operation called for by the acceptance of this standard is a logical arrangement of the individual functions to be performed by the state. The next step is to determine the existing agencies performing these functions and the exact powers or duties imposed upon them by the legislature in each instance. . The third operation calls for the transfer, or distribution of each function properly classified, into a re- 59 organization, uomplete reorganization is the result . M otill another inaccuracy, or better, over- statement of the Association should be pointed out. complete coordination is never the result of reorgan- ization on a functional basis. Such reorganization can hope only to approx- imate “complete coordination.” There is always the difficulty, for example, of definitely assigning the several phases of educational administration: agricultural, vocational, sub-normal, etc. Shall agricultural education be assigned to the agriculture department or to the department of education! what aoout the claim of the labor department for control of certain aspects of vocational training; of the welfare department to certain phases of sub- normal education! what about the function of registering and licensing the professions: Are these matters for the education department to administer as in Illinois, or for a law enforcement department as in Idaho! Shall all j?glbid. pp. 9C-93. ^California Taxpayers* report, p. 4. 59 Ibid. p. 5. ’ . . 1 * . , . . 97 public buildings be constructed and cared for by the department of works, or by the several departments for whose purposes they must be carefully designed? Shall inspection agencies be directed under a separate department, or shall the labor inspectors be identified with the labor departments? In this connec- tion where will you locate the factory inspectors between the rival claims of labor and commerce and law enforcement departments? The functional basis per- haps serves the best of all bases of reorganisation, but it still remains very difficult to get a scheme of logical arrangement of departments with a special, exclusive field for each. With these limitations in mind, the search for such general functional classi ficiation in the reports of uommissions should preclude any hasty assump- tion as to what the results will show. A comparison of the New York and the Taxpayers 1 functional classification shows that whereas the former made a two-fold general classification under proprietary and public service functions, the latter names them protective and constructive functions, noth include fiscal, executory, and clerical activi- ties under the first, but the Taxpayers' plan goes further and includes under the same head those public welfare, public health, commerce, and charitable functions which the New York plan classifies under public service. Under the head, constructive , the Taxpayers* plan lists natural resources, including agriculture, viticulture, horticulture, animal industries, mineral resources, marine, harbors and rivers, highways, utilities, and buildings: reclamatory : drainage and irrigation; and educational : scholastic and vocational, li- braries, museums, institutes, lectures, publications, and expositions. In the New York classification, these "constructive" functions are listed under pub- n v ' < ■ * . - 98 lie services * In brief, the New York classification presents: (1) the state equipping itself for service and (2) the state doing the things which contrib- ute to the welfare of citizens. In other words, it distinguishes between those activities that constitute the business side of public enterprise— the govern- ment as proprietor, and the services, themselves, which it renders. The Tax- payers' grouping, on the other hand, makes no such distinction; it considers ail activities of the government services and classifies them according to the nature of the services rendered. The distinction becomes significant when functional groups are depart- mentalized. The New York Commission points out the inherently business qual- ity of the proprietary activities of government and deduces from prevailing business practice the principle of single-headed administration and strict accountability in administration. It follows, therefore: "(1) There should be central executive or administrative control over the functions of money-raising where- ever and to the extent that the same revenue— paying or money-lending constituency— is to be dealt with." (2) The purchase and custody of supplies and equipment should oe centrally controlled. (3) Central control over disbursements is advantageous— whether operated under a centralized or a decentralized system of administration. (4) There should be central control over the employment and improvement of the personnel of public service. 6 ® . <• . • ' ► . . . . . ' . ' 99 In other words, all the proprietary functions of government should be under the direct control of a single executive, and all functional units with- in the proprietary department should likewise be centrally controlled by bu- reau or division chiefs appointed by the chief executive. Such a principle precludes the usual elective officers: secretary of state, treasurer, attor- ney-general, etc. “Unless the secretary of state is restored to the position of secretary to the governor (as in colonial days) and made his appointee, removable at will, the only excuse for retaining the office as a separate de- partment, would be to make the secretary the head of the proprietary group. The present working relation of the office of secretary of state has about the same significance and relative importance as the vermiform appendix in 61 the human body. • • either the treasurer should be given executive duties which correspond roughly to the headship of a department covering every phase of administration of the proprietorship which is to be centrally controlled, or he should be reduced to the position of a 'technical' head of a treasury bureau in a proprietary branch of the service." . • If the provision is made that the governor shall be the responsible head of the administration, the assumption that the treasurer should be independent fails . • . mrther con- firmation of this conclusion is found in the fact that this is the original relation of the treasurer in every existing government which provides for a 62 responsible chief executive. In a special chapter, the commission deals with the desired status of the comptroller as a purely audit officer outside the administration. "One of the prime reasons for the establishment of rep- resentative government was to call the executive to account for expenditures. • ^^wew York constitutional commission report, p. 97. 6 Jlbid. p. 109. 62 Ibid. p. 88. . ■ . . . ( - ... ' • • , . . • * . - loo In some countries the king or his immediate representatives are required to appear personally and make the statement with respect to expenditures under past authorizations by the legislative body (audit by the legislative body as a whole) . • . The next step • • was the appointment of an auditing committee . • A third step was the creation of an auditing department or office, which was made independent of the executive • • The independent auditor came to be a comptroller of expenditures— a person who was in a position to prevent ir- regularity and losses due to discoverable neglect or attempted diversion .... At the present time v/e have an auditing office, established as a part of the const itututional machinery for fixing and enforcing administrative respon- sibility, and yet laboring under administrative duties assigned to it by statute, the effect of which is to destroy the disinterestedness of its audit and verification. Th6 author as an instrument for enforcing respon- sibility has had turned over to him by an irresponsible representative gov- ernment the very autocratic powers that the representative system was estab- lished to correct, when these powers were exercised by the executive . ** The Commission concludes: "It is essBntial that the comptroller, as the auditor- general of the state be set aside and entirely isolated so that pressure may not be brought to bear upon him to permit the office of the audit to be used 63 for ends that are inconsistent with its underlying purpose." With no specific reference to general functional principles involved, the Illinois commission, nevertheless, observes much the same logical correla- ting of fiscal administration as that of New York. The one exception, and a generally criticised one, is the recommendation of a comprehensive state department of finance under the general supervision of a state finance commis- 63 Ibid. p. 89. - 101 sion. "This form of organization," the commission explains, "is proposed so as to emurace the constitutional elective officers in the general system; while by this method there is also given recognition to the opinion held by some, that the final authority in such matters should not be entirely in the hands of appointive officers." While the Illinois commission makes no such sweeping recommendation for constitutional reorganization to eliminate the elective executive officers of auditor and treasurer, for reasons already noted, it does recognize the new York principle of strict functional correla- tion with single-headed supervision in fiscal matters. In other words, each member of the finance commission is given charge of a special division. The state comptroller, is made chairman of the commission, and charged with the preparation of a budget of revenues and expenditures for submission to the governor, with supervision over salaries and other expenditures, with the preparation and installation of accounts, and with inquiries into the business methods of state officers and institutions. In this capacity he is almost identical with chief finance officer on the immediate governor’s staff rec- ommended in the wew York report. The auditor of public accounts, a constitu- tional officer is retained to continue his present functions, which in Ill- inois are exclusively those of audit, he compares favorably with the comptrol- ler outside the administration recommended in New York. There is not, how- ever, the logical discrimination between the purely accounting functions which the «ew York report would place under the immediate control of the governor’s 64 staff* The California commission establishes a department of accounts and ex- penditures and a department of receipts and supplies under separate, single directors, all under the immediate control of the governor. An independent ^Illinois report p. 33. ' * , * • V ' 1 102 board of finance is provided, composed of the directors of accounts and ex- penditures, and of receipts and supplies, respectively, end the state comptroller (a constitutional officer) , the chairman to be designated by the governor, special functions of this body shall be: preparation of budget, investment of state funds, count of money in treasury, corporation franchise tax appeals, and recommendations of legislation where necessary to affect modernization of state business methods.^ The following features of this organization of finance should be noted: (1) functional correlation audit; accounting; purchase and custody of supplies, equipment, etc*; (2) central control over all fiscal activities as a whole, and over each correlated func- tional group; (3) a governor's staff agency (Board of Finance); (4) An au- ditor-general or comptroller outside the administration. A more clearly functional organization, even, than this of California are the proposals of the Ohio Commission. The auditor of state who is a constitutional officer, elected for a term of four years, end hence outside the administration, is retained. "Statutory changes are recommended limit- ing the functions of the auditor to those of an auditing nature, transferring to a new department, the department of finance, all those financial functions which have to do with planning and spending, and specifying that the auditor shall make operation as well as financial audits. "66 in explaining this recommendation, the commission observes: "At present the auditor not only audits all financial accounts, but handles the routine administrative func- tions concerned with accounting, collection of revenues, expenditures, property control and other financial transactions. No distinction now exists between ^California report (1919) p. 21. 66 0hio report (1920) p. 10. 1 ' . . ■ * . 103 tne function of auditing and the function of bookkeeping and accounting. The auditor is in the position of auditing his own work, which of course tends to destroy the disinterestedness of his audit. The routine administrative duties divert the energy of the auditor and his staff from the much needed study and investigation of operation results." Then follows this most signif- icant recommendation: "It is recommended that the auditor should be charged only with the auditing function and that he be continued to be elected by the people so that he may be independent of the whole executive government and be free to criticise its performances when necessary." The most unique of all the recent provisions relating to the auditor's office is then added: "In addition to auditing the financial records with respect to accuracy and legal- ity, he should be charged with the duty of ascertaining the wisdom, economy. and effectiveness of expenditures; in other words, there is need for a contin- uous independent, analytical study of operations and results accomplished by the executive government. Provision should be made by law for the publica- tion of the findings of the auditor so that these would be available to the general assembly, the governor, and citizens." Then follows a proposal for a specific transfer of fiscal administrative functions from the auditor, as present constituted, to the department of finance. At the head of the finance department is the director appointed by the governor to serve at his pleasure. There is the provision "that all the administrative financial affairs of the state now performed by several different offices and boards would be coor- dinated and centralized in this department." The head of the department is made the financial adviser to the governor on all matters of state finance. The state treasurer, who is an elective officer under the constitution, is made appointive officer under the director of finance. Within the department 67 Ibic. 15. • , 1 . • * - ■ »• <■' I , . , ' 104 the following centralized bureaus are set up: accounting, income and taxa- tion, motor vehicle licenses, treasury, purchasing* The most fitting citation to be found in summarizing the recent analysis of fiscal functions by commissions, is this from the Maryland report: "In finance organization two groups of activities should be recognized; the first including activities involved in the financial transactions that are arranged for and carried out as a part of the operation of the business; and the sec- ond including the independent review and audit of the affairs of officials responsible for such financial transactions. The audit should compel the en- forcement of laws, regulations, and executive orders, and should ensure the maintenance of adequate accounting and standards* M It has come to be generally accepted as the consensus of authorities that independent organization units should be set up to take care of these two sides of financial administration, management of finance and accounting on the one hand, and audit control on the other. The first of these should be under the control of the executive. The organization dealing with the enforcement of laws and regulations and checking the work of the other group 68 should have a measure of independence*" In addition, the Commission points to a third group of fiscal activities as distinct, viz: the custody of funds of the organization. The full development of an audit procedure, however, and the creation of an independent reviewing and auditing office constitutes a sufficient guarantee of the integrity of the treasurer and at the same time makes possible a thorough and valuable control of the financial operations of the organization. The Commission further states the principle of a central 68 Maryland report (1921) pp. 55, 56. ' . . * . 105 department of finance, the chief of which should be responsiole to the chief executive, tie should supervise all financial activities except those of review and audit. It holds that there is no department of the government which should so directly represent and carry out the powers of the governor as the finance or treasury department. The Commission then proposes the creation of an independent office of audit and control outside of the executive departments to stand midway between the executive and legislative branches of the government. Its head should be responsible not to the governor, but directly responsiole to the general assembly, coinciding with the unique provision of the Ohio report is its further proposal to make the "operation" audit a distinct feature of the work of the auditing office. The importance of a discriminating functional organization could hardly be made more evident than by contrasting this latest and best analysis of fiscal administration in Maryland with that of the Taxpayers' Association to which we have already referred. In the letter's report a board of five mem- bers, is placed in charge of a finance department, three of whom are elect- ive; two appointive. In other words, the entire finance administration is put beyond the control of the governor in the hands of elective officials, with no reference to functional purposes served. Again, within the depart- ment itself, the state comptroller (elective) is indiscriminately given ad- ministrative duties of collection and accounting, while the duties relating to matters of taxation, revenue, disbursement, purchasing, and printing are distributed among elective and appointing officers alike, just what the Tax- payers' Committee proposes to effect through its functional organization scheme is certainly not evident in this application to the most important ' ■ , . 106 functional unit of all— the fiscal* Another recent and discriminating financial organization is that devised by the «ew York Reconstruction commission (1919). In a summary of recommenda- tions it proposes: (1) The establishment of a department of audit and control of which the comptroller, elected for a term equal in length to that of the governor, will be the head. The fundamental duties of the comptroller are to be outlined in the constitution in order to prevent the statutory assignment to his department of purely administrative functions. The department is to be required to perform only those functions which come within the category of audit and control, and the numerous administrative duties now performed by the comptroller's office are to be transferred to the administrative de- partments. This department is not to receive budget estimates or to be responsible for their compilation. (2) All functions not distinctly those of audit and control, as the accrual and collection of revenues, will be removed from the comptroller and given to administrative departments. Then follows the recommendation for a department of taxation and finance within the executive department. The head of the department is a commissioner ap- pointed by the governor to serve his pleasure. An express provision is: "The work of the department will include only those functions of the state government which are essentially financial in character, i.e. the assessment, equalization, levy, collection, management, and disbursement of public rev- enues. The department is organized with five bureaus: Taxation and Revenue, Motor vehicles, Treasury, Purchasing, Administration. All bureau heads are to be appointed by the director of taxation and finance under competive civ- r “' “ ' 11 ' " --- - - - - - , , ’New York Reconstruction Commission report, p. 58. ‘ . ♦ ' ■ . . v " i ; * - . > 107 il service rules. The head of the department a made chief of the bureau of administration." olosely related to the principles which underly the organization of financial activities as a division of proprietary functions of government, are those considerations with respect to the legal department. Again, the New York Constitutional Commission is suggestive. "Given a political system in which there is a real chief executive," it observes, "then the political independence of the law office presents only vices with no offsetting virtues. . • .When a matter comes before the executive he must first decide whether he will assume responsibility for action without referring to the law office for advice, or run the risk of an opinion which is adverse. . .And the disposition of the officer is likely to be adverse. The reason is obvious. The law of- ficer has no political or other responsibility in common with the executive. . • The law office as at present organized is simply one of the great nega- tive forces in government— a negative force that in its operation is respon- sible for the construction of some of the most involved, unbusinesslike, ludicrous practices which, in a system that provides only for divided powers and no effective central control, continue to become more involved and un- businesslike with each added legislative enactment. Laws made by detached committees, procedures elaborated by detached bureaucracies; practices develop- ed without controveraey by construction 'down the line'; situations arising that could not be foreseen demanding a change in practice; proposals referred to detached, irresponsible executives— irresponsible so long as they do not make changes; references to a detached attorney-general to avoid executive responsibility; the law officer for protection doing the same thing— these . U, . I . ... . ' * ■ ■ * , u 108 are among the matters to be considered when deciding whether the constitution should provide for a responsible chief executive, and a law officer who will be constituted a general staff adviser." (p. 117.) Four years later, the California commission recommends: "that the posi- tion of special attorney for each of the following seven departments be abol- ished, and that the legal service of the departments be performed in the attorney-general '8 office: state board of health, commission in lunacy, cat- tle protection board, board of harbor commissioners, market commission, min- ing bureau, water commission. The state railroad commission and the indus- trial accident commission exercise functions which are judicial or quasi- judicial in nature and these commissions require full-time attorneys subject to their exclusive control. Other attorneys employed by state departments may be classified in three groups, those employed on full time because of the volume of legal work required to be done; those employed because of the high- ly specialized nature of the legal work of the particular department; and those specially employed from time to time for the purpose of conducting police court and other criminal prosecutions. In the opinion of the committee efficiency would be impaired and expense increased if the present arrangement were disturbed." (p. 19). On this same point, the Ohio commission observes that "one question which has aroused some discussion among students of government is that of the relation of the attorney- general to the legal staffs of other departments. i This question is not an important one in Ohio because both in law and in fact all the legal counsel employed in the several departments are under the super- vision and control of the attorney-general. The law provided that no state , . 109 officer, board, or the head of a department or institution of the state shall employ, or be represented by other counsel or attorneys-at-law. The trend of judicial opinion in other states where the question has been raised is in accord with the present situation in Ohio. It has come to be generally rec- ognized that all the legal work of the state should be centralized under the attorney-general.** On the point of selection, the Commission adds: **With the attorney- general selected by the people and thus independent of the gov- ernor, there exists a condition which might develop to seriously limit the effective authority of the governor as the chief executive of the state. If the elected attorney-general were of opposite political faith to the governor, the situation might become embarrassing. In governmental activities, exec- utive officials are circumscribed in their work by a mass of legal require- ments and technicalities and if results are to be secured it is necessary that the executive officer be guided through the maze of legal restrictions by competent and sympathetic legal counsel (italics ours). . .Furthermore, the plan of appointment by the executive works satisfactorily in the United States department of Justice, in cities, and in is in operation in a few states. . . It is recommended that the attorney-general of Ohio be appointed by the governor and serve at his pleasure.” (p.15). "As long as department heads are appointed by the governor and the attor- ney-general is elected by the people,** points out the New York Commission, "here will be some opposition to the centralization of the legal business of the state. It has frequently happened that the attorney- general, being elect- ed by the people, is of the opposite political faith to the governor. The department head is often reluctant to call on the attorney-general of a differ- » . » . * . ■ 110 ent party from his own for advice. This is the principal objection to having all attorneys assigned to the various departments by an elected attorney- general, and this objection will, of course, disappear with the appointment of the attorney-general by the governor.** The Commission then makes the following exception to the complete transfer of all law work to him; counsel to the governor and to the quasi- judicial public service and industrial com- missions. While the arguments that influenced the California Commission to make further exceptions in the case of full time attorneys in the several departments are noted, the report says: "It is obvious that if the whole time of some attorneys is needed by some departments, the attorney-general may assign deputies or special attorneys to these departments on full time.** nut it points out: "the question as to the active assistance needed in pros- ecuting cases for a department by representatives of the attorney-general must necessarily be viewed from the point of view of the state as a whole. The attorney-general should be responsible for all prosecutions and for de- fending all actions and for his interpretations of the constitution and of the laws.” (p.77). 8 , In the organization of the new legal department, the Commission provides for the following bureaus: legal staff, bureau of police, courts of claims, titles, finance and claims. The legal staff is to include all attorneys c. employed in the legal business of all departments. A fourth and final major grouping within the proprietary functions of government, uniformly observed in the more recent reports, are those activities of the administration which relate to the employing and caring for the personnel. "According to the New York Constitutional Commission, central control over the employment and im- . ■ Ill proveraent of the personnel of the public service should be established when- ever and to whatever extent justice to a class of employees and individual efficiency may be promoted through the use of a common agency.” For it points out, “It is an advantage both to the executive and the public which it served to provide a common agency for determining the fitness and qualifica- tion of persons seeking employment, for providing common labor conditions affecting promotions, transfers, discipline, health, compensation, sick leave, 70 vacations, retirement pensions, etc.” All of which would imply, the Commis- sion shows, “that any quest, therefore, for responsible and efficient govern- ment must go deeply into the establishment of: (1) Proper tests for selecting official agents— eloction or appointment# \2) Tenures of office adapted to the ends sought. (3) Adequate tests to be applied in determing the fitness and qualifications of public servants. (4) Satisfactory conditions governing the treatment, pro- motion, and dismissal of public servants. “The solution of these problems with reference to standards of respon- siveness, responsibility, and efficiency,” the commission continues, has nev- er been undertaken in a systematic and thorough manner by any convention or other body of representatives in this state. . . On the contrary, temporary expedients and partisan consideration have been too often the decisive fac- 70 New York constitution Commission (1915) report p. 92 * , ' ■ . . . . 4 ' 112 tors in determing what officers should be elected, what officers should be appointed, and what conditions should be attached to public employment. Where attempts have been made to regulate the conditions of official employment in the public interest, they have usually been negative in character— that is, designed to prevent known evils, such as the so-called spoils system, rather iJ71 than to promote efficiency. In establishing some standards, the Commission points out that past experience may be reduced to conclusions to serve as guid- ing principles: namely, that if governing agents are to be made responsible for what they propose as well as what they do— for fidelity, for efficiency, and for economy in the use of public powers and resources— then another prin- ciple is “ that only such officers should be elected as are to act independent- ly; that those who are are act as subordinates should be appointed .** (Italics 72 ours ) . from the consideration of what officers shall be appointed, the commis- sion comes to study the method of appointment as the problem of prime import- ance. The underlying reason for appointing instead of electing administrative officers, it points out, is to locate responsibility and make it enforcible. Moreover, the appointing officer assumes responsibility for the proper conduct of the appointee. *'As in private employment,** quoting from the report, “the determination of the qualifications and relative merits of persons who are available for employment or already in the service, is of primary importance. The dif- ficulty of forming any genuinely helpful rules for guidance is great, owing '~Ibid. 31 72 Ibid. 33 113 to the subtle human elements involved, Nevertheless there are certain general principles that may serve to guide: (1) Any metnods devised for determining ability and fitness must be adapted to the methods of choice imposed upon one who must make the selection. ^2) It is necessary to differentiate between those offices which are technical or routine in character and t ho se which involve managerial discretion and the settlement of important matters of policy. (3) facilities should be afforded for the prompt remov- al of persons who show infidelity or who by a prac- tical test or record of work done have shown in- capacity." These principles, the Commission observes, reveal the following defects in the average merit system: (1) It limits the judgment of comparative mer- its to the results of "examinations particularly as there is an increasing tendency to rely on educational and professional training. (2) It fails to provide a proper basis for the advancement or promotion of employees after selection. (3) It fails to provide a proper basis for dismissal or dis- cipline of employees. In other words, "the uncertainty and injustice which results . . • narrow and limit the outlook of civil servants who feel that the civil service is not holding out pro per rewards for meritorious service. As a result, a condition of stagnation and indifference prevails." The function and purpose of a civil service department, thus presented, * , . . * * * f . . 114 "which would operate positively instead of negatively and be cooperative in the development of better conditions for employees and better conditions for employees and better conditions for the management raises the following ques- tions of organization, according to the constitutional Commission: (1) ‘Should this department be so developed that there would be a close working relation between it and the officers charged with responsibility for prepar- ing the budget, for making contracts for services other than personal, such as repairs, construction, printing, etc. and for decisions on matters of ad- ministrative law!' (2) 'What will be the means of correlating all these activities dealing with proprietary matters— matters of finance, of purchase, of employment, as well as the custodianship of funds and properties of the stater' (3) 'Shall the branch handling employment be made a department and the head given a place in the cabinet along with the attorney-general and 73 the finance officerT"* The New York Reconstruction Commission in 1919 met these points, raised by the Constitutional Commission, in the following summary of recommendations for a department of civil service: (1) There will be a department of civil servict. At the head of the department there will be a chair- man designated by the governor who will receive an adequate salary and will be solely responsible for all the administrative work of the commission. There will be two additional commissioners on part time who with the chairman will constitute 73 New York Constitution Commission report p. 97. , l ' . ■ . . 115 a board which will meet once a week to pass on quasi- judical and quasi- legislative matters* (2) The work of the Commission will be divided between two bureaus: administration, examinations. (3) There will be a director in charge of each bureau appointed by the head of the department. (4) Salaries of ail positions in the department will be such as to attract and hold competent persons of broad education and experience* (5) Bureaus will receive a large appropriation so that adequate equipment and office machinery and methods may be installed and maintained. (6) There will be a Manager of personnel in each large department of state government who will be in charge of all civil service matters and who will develop and administer a program covering labor turnover, welfare activities, health, personal service, budget , changes of status, i.e. promotions, transfers, dis- charges, etc. (7) The head of the department will be a member of the governor's cabinet. It should be noted, however, that the actual control over changes in . * < . . . , . • . 116 personnel in the several departments, according to the proposal of the Commis- sion, is lodged with the eureau of Administration, an independent staff agency in the executive department. This bureau is charged with making a logical classification of state employees based on duties and value of services, this work to be done in cooperation with the civil service department. Positions not of a policy-determining character are to be placed in the competitive class directly under the control of the civil service department. A division of pensions in the bureau of Administration will formulate and administer pen- 74 sion and retirement systems* It should be noted also, in the New York plan that the seeming division of responsibility for personnel between the staff agency and the civil service department, is more nominal than actual, since both agencies are under the direct control of the governor through his power of appointment and removal of the chief officers. Such a division, however, does serve a purpose. The more important appointees of the state government are supervised from the governor’s immediate staff under his own personal supervision; appointees of the grade of employees are supervised by an administrative agency not under the governor’s direct control. This practice is in conformity with the gener- al principle of relieving the chief executive of all matters of routine, even as they affect the personnel of the administration, still another purpose is served by such an arrangement as this provided by the New York Commission. The executive staff agency views personnel from the standpoint of the administra- tion as a whole. The administrative department of civil service will have the departmental point of view, cooperation between the two agencies will tend to result in the same relationship as exists between the cabinet as a 74” — " ~ """ New York Reconstruction commission report p. 42. - * - • • . . . ■ • ) % K t Hi . * . 117 whole and an administrative department in an parliamentary government. very similar to the New York plan with respect to personnel as a propri- etary function of administration is that of the Ohio report. Here as in New York a department of civil service is recommended, charged M with the adminis- tration of the civil service laws which were passed in conformity with that provision of the constitution which provides that appointment and promotion shall be made according to merit and fitness to be ascertained, as far as practicable, by competitive examination.” The Commission’s analysis of prevailing conditions of personnel in Ohio government is very similar to that of the New York agency. In addition, it observes "that at the present time increased attention is being given to the methods of securing and holding high grade experts in the public service. The excessive cost of labor turn- over or the hiring and firing of employees indiscriminately, is realized as never before and efforts are being made in both industry and public service to reduce these costs. . . *rom an organization standpoint, the work of the department of civil service is exactly comparable with the employment depart- ment in industry; both are likened to the purchasing department, the differ- ence being that the two former purchase personal service and the latter mate- rial, supplies, and equipment.” The commission then notes that out of a total expenditure of §25,000,000 for the state in 1919, §7,000,000, or one- third was spent for personal service. The department as proposed in the Ohio report "is organized under a single commissioner appointed by the governor, to serve at his pleasure to replace the present commission of two members appointed by the governor for terms of two years each. That the law specify that this personal shall have knowledge and experience in employment methods Ohio report p. 37. — ■■ , » . ' 4 - ' 1 ' 118 and personnel management. That a personnel board be created, composed of department heads or their representatives to cooperate with the civil service commissioner in the performance of quasi-legislative and quasi- judicial func- 76 tions. An alternate recommendation is that there be at the head of the department of civil service a chairman appointed by the governor who would receive an adequate salary and be responsible for the administrative work. Two other additional commissioners would be appointed by the governor on a part time basis, who with the chairman would constitute a board to pass on quasi-legislative and quasi- judicial matters. These two additional commis- nn sioners would receive nominal salaries and traveling expenses. In justify- ing the change from a commission controlled civil service department to a single-head control, the report points out that the functions of such a de- partment are chiefly administrative, hence would be performed more efficient- ly by one man than by a commission. In devising a board for the department, the report notes that by including as members, heads of some of the major departments and the administrative head of the civil service which would be valuable in many ways, especially in the work of drafting specifications, in devising efficiency rating methods, and in creating a sense of obligation on the part of all public employees to comply with the civil laws of the state. While the Illinois Commission makes no recommendation for a reorganiza- tion of the civil service in that state, it does analyze much in the same way the existing arrangements. "The civil service laws have laid the founda- tions of the merit system for the public service in the state; and the prin- ciples of this system should be continued and strengthened . . yet these laws 76 Ibid. p. 38. 77 lbid. p. 39. . . ■ , . r.V- . I 1 119 are in some respects too rigid in their detailed provisions. The specific enumeration of all exemptions in the statute is not entirely satisfactory. t>om.e of the exemptions named . • are not justified . • More flexibility will be secured by reducing the exemptions specified in the law, and providing a limited authority to make other exemptions • . The bills recommended (by the Commission) will extend the merit system to a considerable extent, and in some case also provide that the governor shall have power to exempt positions of administrative responsibility which it is impracticable to fill by compet- itive examination. • .The authority of the state civil service commission over the efficiency of the state administrative services. A continuous super- vision over the efficiency of the state service is needed; and to be effect- ive it should be exercised by a permanent state authority, with larger powers than are now conferred to control salaries and other expenditures. . . This work is more properly a part of the general system of financial control which it is proposed to vest in the state comptroller, who should cooperate with the civil service commission, as this commission is now required to co-op- erate with the board of adminiet ration in the classification of positions and salaries of state employees under that board.” Adoption of this latter proposal would serve to offset the effect of their final recommendation that the civil service commission be left outside the main executive departments. It should be noted, however, that even in the absence of any precise defini- tion of functions and organization such as characterized the New York and Ohio plans, the Illinois ooramission, committed as it was to build on existing arrangements, does recognize: (1) Personnel as a proprietary function; (2) The need of centralized control in the more flexible arrangements by which it — — — " Illinois report p. 72. . . . - . . . 1 120 proposes to give the governor greater discretion in control of exemptions; (3) The need of a continuous supervision of the state service in its suggestion of a permanent control from the office of comptroller; (4) Standardization of salaries and employment methods by cooperative arrangements between the organs of control: departments, civil service commission, and the comptroller's of- fice. In the elaborate functional analysis of the Taxpayers* Association, 70 personnel as a matter for administrative organization is not mentioned. The California commission, on the other hand, provides for the super- vision of organization and investigation of the efficiency of administration of state business and functions as a division of activity in the finance de- partment under the director of receipts and supplies. Under its general recommendations it proposes “that the present practice of setting salaries by statute, so far as they refer to employees and officers other than heads of departments and chief deputies, be discontinued." Such a recommendation in effect provides for a standardization of salaries of all subordinate of- ficials under the final supervision of a board of Finance in the finance de- partment* cftarged with the preparation of the budget, as well as with the duty of recommending legislation "where necessary to effect modernization of state business methods." Since the directors of this department are under the control of the governor at whose pleasure they serve, it may be held that the California commission has recognized the more recent general principles under- lying personnel administration in state government. The most recent proposal for a department of personnel is that of the Maryland commission in April, 1921. by its provisions, the selection, appoint- ment, and removal of employees in the classified service of the state, are 70 ' " — — — — ‘ Taxpayers* Journal pp. 20-21. . t ' • V . . . . , 121 vested in a department of employment and registration under a single director appointed by the governor. Two divisions are specified in the report: admin- istration and examination. A unique provision is that vesting in the division of examinations, the additional duty of examining, licensing, and registering eighteen trades and professions at present regulated by the state through as many boards. In explaining this novel correlation, the commission points out the very close relationship between the work of conducting examinations for positions in the classified service of the state and the examination procedure required in connection with vocational licensing. It shows that much of the state organization and procedure can be used in common when the 81 two functions are grouped together* A survey, therefore, of the more recent plans proposed by represent- ative efficiency and economy commissions seems to confirm in the main the principles of functional classification set up by the New York Constitution- al Commission in 1915. In each of the plans considered the principle of centralized control in functional groups, individually and collectively, the correlation and integration of all proprietary matters as a whole gen- erally prevailed. In other words, the oomraiesions, is providing for the ad- ministration of finance, equipment and supplies, and personnel, indentified this branch of government with a purely business enterprise and adopted a managerial hierarchy. 9, With respect to organization for civil services which are rendered directly to the public by the government, or the public service functions of the New York classification, the desirability of central executive control 8 ®Ohio report p* 31 8 *Maryland report p. 53. * t. . . . . .. ' - •- , , 122 is not so easily determined. There is the policy, for example, of decen- tralizing executive control whenever and to the extent that independence of action in the very nature of things is advantageous, i. e. where there is no interdependence of working relations and no advantage can be gained through subordination to a common executive though they may be under the same legislative control* 52 Such a policy raises the question of: (1) The need of eliciting the participation of disintered citizens serving on unpaid boards who exercise powers of investigation, advice, and publicity. (2) The need of placing legal authority in a particular officer most likely to develop a sense of professional responsibility and pride in connection with the work of such office. (3) The U3elessne3s of extending the power of any officer be- yond the limits of what that officer can actually devote his time to. In other words, for certain functions, di f fusion rather than concentration of authority secures not only a more efficient but more democratic administra- tion. (4) The need of continuity of policy in administrative departments having work of a technical and regulation establishing character. Who shall change with the governor is one of the serious problems in the organization of public service activities. In brief, there is the need to discriminate among those departments which should be administered by a single official under the political control of the governor and those which require several- membered commissions with overlapping terms, and those best administered by a single officer appointed by large unpaid boards, and enjoying reasonable security of tenure. Such considerations as these have given rise to the widest conceivable variation in classification and organization not only in existing arrange- , . * . . , i ■ I ' 123 ments in state governments, but in the reports of the expert commissions them- selves. As far back as 1911, the so-cailed "Wisconsin Idea" was evolved by a commission of experts from the state government, and since that time Wiscon- sin has been foremost among the states in its advocacy of "government by com- mission." The idea explained means simply the breaking up of the state ad- ministration into independent offices and boards in hope of making the differ- ent branches of state administration more serviceable to the people. In the Wisconsin scheme, each main service branch, by act of the legislature, is made independent by being placed under the management of a board or commission The members of each public-ssrvice board are appointed for long and over- lapping terms. The public functions administered by each board are supported by continuing appropriations, thereby giving to them what amounts to a state endowment. Thus established, each board undertakes to develop a more effi- cient service by employment of staff experts. Later, in developing an offi- cial means for giving balance and proportion to a state program a central commission was created^-the state board of public affairs, to which was assigned among other things the duty of preparing a budget. In this way the experts devised for the central supervisory and inquisitorial function a super-board of which the governor and certain members of the legislature were members. ** 3 In so recent a proposal as the Maryland plan of 1921, the commission or board is utilized in each of the eleven executive departments. While in no case, is a board under the Maryland provisions vested with administrative duties, it is maintained by the commission that "boards serve a useful pur- pose in situations where the judgment of more than one person is valuable, °Lf. McCarthy: "The Wisconsin Idea." . <* ■ ... • . « , • ft 1 - • . 9 ' ■ * « • ■ < • ’ * • ■ * ' 124 and where the opinions of representatives of the general public would tend 84 to assure the government of the soundness of a given proposal." between the Wisconsin and Maryland proposals there is sufficient range for widest variations in plans for reorganization with respect to centralized or de- centralized administration. For this reason, an analysis and proper alloca- tion of service with reference to a centralized or decentralized control be- come of prime importance in appraising any scheme of reorganization. For a basic grouping of public services for administration one might well begin as in the case of proprietary functions, with the classification of the New York constitutional commission. According to the Commission these fall into eight major divisions as follows: (1) Agriculture and industry. (2) Public works. (3) Education. (4) State institutions for the care of delinquents, defectives, and depend- ents. (5) Public health. (6) Industrial relations, (7) Public utilities. (8) banking and insurance. 33 junctions military in character are given a place midway between the . ; * , . ( ; 125 proprietary and public service functions as having problems of a special nature not applicable to either of the two major divisions. With but nomin- al changes, the Reconstruction Commission of that state in 1919 accepted the foregoing classification as the basis for major departments as follows: pub- lic works; conservation; agriculture and markets; labor; education; health; mental hygiene; charities and correction; public service commissions; bank- ing and insurance. Major departments recommended for the proprietary class- ification were: audit and control, taxation and finance, law, state, and civil service. There should be noted (1) The clean cut demarcation between proprietary and service functions in the departmental organization; (2) The practical identity between major groupings of the basic classification and the several departments. Under the California plan, executive departments included: receipts and supplies, accounts and expenditures, trade and corporations, public works, agriculture, natural resources, labor, institutions, education, health, social service. The first two named departments were broadly classified as finance with major divisions, the heads of which were given a place in the governor's cabinet. This is a unique variation among the recent plans in the organiza- tion of fiscal agencies. An elective comptroller wa3 vested with exclusive functions of auditing, responsible directly to the legislature. Welfare func- tions were distributed among two departments, institutions and social service. No clear lines of demarcation in function were followed in these two, institutions being under the jurisdiction of the latter as well as the former. In general, however, mental defectives were committed to the department of institutions, while objects of charities and corrections were allocated to the department ^Maryland report p. 27. I . ' - • . • • , , ’ • . 4 . . . . 126 of social service. In explaining its groupings, the commission notes: "The coordination of agencies with allied functions in comprehensive departments will do away with overlapping of duties and duplication of effort, and will lessen the number of units to be supervised, thereby making review more ad- equate and supervision more real. There are no factors which are greater causes of inefficiency than decentralized control and inadequate supervision and review." ' The group having to do with the regulation of financial in- stitutions was left outside the main departments of banking, building and loan supervision, and state insurance. Another group of agencies dealing with professional standards, or the usual examining boards of the professions, were likewise organized independently. In this connection the commission observes: M The evidence gathered and the experience of other states have convinced the committee that the consolidation of any one of these with either of the others, or the inclusion of one or all in any other departmental group is impractical." For the same reason, the civil service commission, state library, military affairs, industrial accident commission, industrial wel- fare commission, immigration and housing commission were left autonomous. beventeen functional departments make up the recent Ohio recommendation as follows: audit (independent), state, military affairs, law, finance,trade and commerce, public works, agriculture, health, industrial commission, educa- tion, welfare administration, board of welfare, civil service. An important variation is the provision for welfare administration. All administrative functions dealing with the three classes of states' wards: mental defect- ives, delinquents, and dependents are centered in the department of welfare 85 New York constitution commission report p. 85. 88 New York Reconstruction commission report p. 27. 87 California report p. 27. > ► , . . . t . ' « . # . . ■ ■ . ' 127 administration, while to the state board of welfare are given the duties of visitation, investigation, and report, "for the purpose of checking up on the work which is being done, and to report the fact 3 to the director, the 88 legislature, and the public." It is to have no connection with the manage- ment of institutions, its chief function being analysis and criticism of pro- grams and results, and constructive recommendations as to new policies and programs which should be undertaken. A public utilities commission is left independent outside the executive departments because "a public utilities commission exercises both semi- judicial and administrative functions and a several-headed control is justified . • • such a commission should not be QQ under the control of any other department ." w * The most recent plan of departmental organization, that of Maryland, includes eleven major departments as follows: administration, finance, law, militia, welfare, health, education, public works, commerce, labor, employ- ment and registration, with the office of state comptroller organized outside the administration. "The allocation of state functions to major departments should be along natural and practical lines that will bring together those activities that relate to the same subject matter and that can be handled by the same staff" is the statement of the commissions guiding principle. Its recommendation stands for perhaps the most careful, untrammeled, and logical grouping of all the plans. A comparative study of the foregoing representative recent plan shows: (1) Only nominal variation in the grouping of the propri- etary functions. 88 0hio report p. 35 89 Ibid. p. 27. . * ' t . 128 (2) The departments of health, education, public worke, labor, commerce, and welfare of the service functions common to all* (3) variation in the department of welfare in California and Ohio, illogical in the former, and on the basis purely of administration and checking up in the latter* (4) Public utilities outside a department in California and Ohio. A similar study of ten plans before 1919: Delaware, Illinois, Idaho, Iowa, Massachusetts, Minnesota, Nebraska, New Jersey, Oregon, and New York, shows education as a distinct department in nine, health a department in eight, public works in seven, agriculture in seven. Conspicuous service func- tions like banking and insurance in New York, natural resources in Califor- nia, and reclamation in Idaho led to their organization as distinct, separate departments in those states, while in the dominantly agricultural states like Minnesota, relatively negligible services of labor and commerce were organiz- ed under one administrative staff. Other variations were due to a local sit- uation in which the commissions were committed to utilizing certain existing statutory agencies. In other states constitutional offices with constituent functions left certain correlated functions to statutory offices or depart- ments. In this connection, however, certain exceptions should be noted which indicate even in the more recent plans the difficulty of achieving a logical arrangement of departments with a special, exclusive field for each. Aside ! , , ■ 4 4 * 0 :;. ■ 129 from the considerations of local conditions like those of reclamation in Idaho and of expediency, like those of raised by constituent offices in Ill- inois, there is the problem of allocating to the most appropriate departments certain functions on the basis of the work to be done. Take, for example, the reasons advanced by the Ohio Commission in its recent report for allocat- ing the examining of professions to the proposed department of education. "The time has come," it says, "when the public's interests, that is the inter- ests of those who patronize these professions (accountancy, dentistry, med- icine, nursing, optometry, pharmacy, veterinary, and embalming) should be the primary consideration in making up examinations. It is for this reason that it is suggested to abolish the present boards and to recognize the sol- idarity of the state's interests and the educational motive which dominate professional examinations by placing all this work under the direction of the department of education • • • by coordinating this work under the depart- ment of education the public purpose of all these professions would be em- phasized. No person ought to be given the state's permission to practice medicine who does not know the facts about modem preventive hygiene. A dentist should know how teeth can be saved and the social importance and moral obligation of saving teeth, as well as the mechanical technique of repairing them. The reasons for not recommending the placing of these con- solidated services in tne department of health are that this department must secure the full cooperation of all practitioners, if it is to be successful. This full cooperation would be difficult, if not impossible, if the state de- partment of health were mixed up with a factional discussion of proposed new standards for admission into the profession, and investigating charges against individual practitioners, by recommending that this examining work 1 ‘ . ' I 130 come under the department of education instead of a consolidated examining board, it is hoped to secure all the advantages of concentration plus the additional advantages of recognizing the state’s part in the admission of new practitioners to professions which it licenses as part of its educational pro- 90 gram and aac countability.** with the principle of state regulation the commissions are in hearty agreement, but here the identity of conclusions ends. In one instance, the Oregon commission allocated the administration of th6 function to public health Idaho? in another, to law enforcement; and the Maryland commission, in still another, in the most recent report departmentalizes it as a coordinate branch of the department of employment and registration, uonsider their reasons: **The multiplication of independent boards for each class of practitioners or trade should be discouraged," notes the Oregon commission. "In case of the health examining boards, this responsible state authority should be the state health department, and a bureau of medical registration and licensure should be created in this department to have charge of the clerical and administra- tive work and the issuance of licenses now attended to by the various health examining boards. The head of the bureau should be a deputy health director appointed by the director of public health. A committee of three competent members of each of the health professions should be employed by such deputy director to hold examinations whenever necessary or advisable, just as the state insurance commissioner employs actuaries to examine the affairs of 91 insurance companies." Now consider this proposal of the Maryland Commission: "There is very close relationship between the work of conducting examinations for positions in the classified service of the state and the examination pro- cedure required in connection with vocational licensing, and much of the same ^Oregon report p. SI I I . ( , ' 131 organization and procedure can be used in common if these two functions were grouped together. Tne office and clerical work is closely related in ite nature and a similar procedure will be required in holding either civil serv- ice or vocational license examinations in various parts of the state. A sep- arate department of registration can of course be established, but would scarcely seem to be of equal importance with the other major departments pro- . ..92 posed." In contrast to all these proposals is that of the California commission which would leave to function independently the group of state agencies which deals with professional standards in: accountancy, architecture, medicine, dentistry, optometry, embalming, pharmacy, veterinary medicine. Their rea- son given is as follows: "In the opinion of the committee it is seriously questionable whether or net increased efficiency in the functioning of these various boards or reduced expense in their operation would be accomplished 93 by consolidating all of them in a single department." Other services, the allocation of which varies in the several recent reports are: (1) agencies concerned with the regulation of business— banking, insurance, building and loan supervision, utilities, -variation due to the specialization required for proper supervision. Recent plans like those of California and Ohio pro- vide an autonomous agency for each outside executive departments, New York builds a department staff around each one of them; while Maryland brings them together into a single executive department of commerce with integrated divisions. (2) agencies for inspectional purposes; (3) activities relating to the dairy industry,— variation due to the claims of the health and the agriculture departments:; (4) educational agencies— scholastic, vocational, ■^Oregon report p. 91. •‘'Maryland report (1921) p. 53 ' 1 ■ . ■ ‘ * . 1 • . . 132 cultural* 10 An even greater source of variation, finally, in the organization of ser- vice functions lies in the form of administrative structure itself. In the plans referred to, four placed a board over the department of education, and two in the same way organized the department of health. In at least one plan, the departments of agriculture, labor, health, commerce and labor, corrections, conservation, public utilities, and natural resources were so organized. In addition, boards of varying types were recommened in a majority of plans for at least three of the following departments: public works, labor, health, institutions, conservation, agriculture, education, trade and commerce, and public works. The Taxpayers* plan led with the six boards it prescribed as heads of departments, and New York followed with five. Ohio organized two departments under boards, California two, while Maryland recommended a eingle- headed administration throughout. The boards utilized also vary in the different plana. In general they may be classified under four heads: (1) Those composed of the director, to- gether with deputies or division chiefs within the department. These boards are recommended primarily for quasi- judicial and quasi-legislative functions. The Taxpayers' plan employs this type exclusively, and the Oregon plan prefers it to all others for this purpose. (2) Advisory councils composed of ex officio members of the administration. California, Ohio, and New York plans employ these in labor, agriculture, and education. (3) Those composed of professionals or specially interested individuals appointed by the governor with overlapping tenures. Oregon, California, and New York recommends these for trade and commerce, education, health, and labor respectively. (4) Those go 1 i i - - ■ -i . , , . i ■ ■ 1 1 . California report (1919) p. 17. . . . • « r ' « ■ ' . ( . . ' 133 composed of specially interested citizens to act primarily in an advisory capacity, oalifcrnia, "ew York, Maryland, and Oregon utilize these quite generally in such departments as institutions, agriculture, public works, and conservation. The reasons advanced by the Commissions in recommending the several types of boards as part of the administrative schemes have a partic- ular significance in the democratic point of view they reveal. Unlike the administrative ideal of centralized responsibility and efficiency so exclu- sively adopted in the proprietary fields, the test here is the democracy of the administration the diffusion of participation, and the concert of minds in forming the administrative policy. The California report recommends that “provision be made for the retention of local unpaid boards of managers for welfare institutions, to serve as advisory and visiting boards and to form connecting links between the state government, the institutions, and the 94 communities in which they are located.** In the same spirit it recommends “that the governor be empowered to appoint a local unpaid trustee for each of the memorial properties placed under the public works departments." The flew York oommission provides that "in order to maintain local or special inter- est and support, the present boards or associations will continue as boards of 96 trustees in the department of conservation." The Maryland report in rec- ommending unpaid, advisory boards exclusively for the departments of welfare, health, and education explains: "In conjunction with the eleven executive departments and the independent auditing office, it is proposed to establish certain advisory boards or councils whose function it would be to advise ad- ministrative officials and to assist in the formulation of policies. Each of otlbid p. 27. '^Ibid p. 23. 96 Ibid. p. 22. « . ' 1 . •> i . o 1 1 I -■ 1 ; ■< - 1 it. ft, tfj»' yUB L. ' ■ • ■ * 134 these boards • . would serve a useful purpose, however, in situations where the judgment of more than one person is valuable, and where the opinions of representatives of the general public would tend to assure the government of the soundness of a given proposal. Positions on such boards would be non- remun erat ive . “ ^ Even the Ohio commission which reduced to rather negative principle the results of a very unsatisfactory experience with administrative boards in that state, was led to substitute an advisory board for one which it proposes to abolish ir. the department of welfare. "This board would have no admin- istrative duties to perform," it explains, "but its duty would be to visit and investigate state institutions for the purpose of checxing up on the work which is being done by the department of welfare administration and report 98 the facts to the director, the legislature, and the public." It remains for the Oregon report, finally, to formulate the statement of the human welfare note which enters to modify the administration of ser- vice functions. "A managing board, or officer over state charitable and correctional institutions," it explains, "is sometimes inclined to look mere- ly at the immediate financial aspect of the conduct of the institutions and to make petty economies at the expense of the welfare of the inmates, while possibly neglecting to some extent their proper care and cure. The largest and most important economies in the management of the institutions can, in the long run, be effected by a far-sighted policy of scientific treatment and cure of the inmates, so as to retore them more quickly to normal member- ship in society and thus to relieve the state the burden of their expense. ^Maryland report (1921) p, 27. ^Ohio report (1920) p. 36. . . 135 In order, therefore, to supply a corrective influence to the possibly too narrow financial and business point of view of the managing officer and to look after the proper care and welfare of the inmates, it is recommended that there be created an advisory unpaid board of five members, appointed by the governor, at least one of whom should be a woman, which should exercise pow- ers of inspection, investigation and report with reference to the charitable 99 and correctional institutions.'* Considerations of board control in the commissions* reports, therefore, are significant in this respect: They show underlying human motives of democracy and welfare which must be taken into account in any proposal for administration of service functions. On the other hand, there is a recent tendency best defined in the pro- vision of the Maryland report which makes “each of these advisory boards an integral part of a departmental organization, but without intending that it should have any active part in administration." After noting that of the eighty-one permanent state agencies in Maryland, sixty-six were headed by commissions and fifteen by a single individual, the report reviews the histor- ical development in which this came about, with the observation that "in re- cent years there has been a disposition on the part of the general assembly to return to the 'one man* type of administration."^^ continuing, it ob- serves: “Numerous factors enter into an appraisal of the effectiveness of the work of the various departments of the state government, only one of them being the type of organization involved. It is, therefore, impossible to demonstrate such a general assertion as that those agencies headed by commis- sions have been less successful than those headed by a single official. Never- *’lbid p. 40. ^^Maryland report (1921) p. 23 136 thelees, it is more than probable that where effective administrative work has been accomplished by boards or commissions, it has been achieved in spite of, rather than as a result of, that type of organization, and that still better results would have been attained if responsibility had been definitely cent- ered on a single individual." here the uommission sharply distinguished between the board as a discretionary and as an administrative agency. It is in the latter capacity that its weakness is inherent. Quoting from the report we read: "The vocational examining boards furnish . • illustration of the failure of the commission form as an administrative agency. Most of them have neither offices nor employees, and it is difficult for license applicants to locate them. Many of them keep no files or records of consequence and their activity is generally proportionate to the amount of time and interest which their secretaries can devote to the work. • • While a board may be nec- essary in holding examinations, the administrative functions of these agencies have been woefully neglected because of this type of organization.” Whereupon the report proposes to transfer the board to an executive department where its administrative work will be executed by an efficient permanent staff, leaving the board itself free for the functions it was originally created to perform. In the words of the Commission: "The modern tendency toward a functional grouping of activities is evidenced by the recent establishment of the state employment commission. The function of employment, common to all departments and institutions, has been centralized with the result that these agencies are relieved of administrative detail in this connection and are free to per- form far more effective work in their own specialized fields. To point out the advantages of a logical grouping and distribution of function in an organization is merely to express in another way the present-day tendency 137 toward specialization in all fields of human endeavor. In reassigning functions to the board of agriculture, the Ohio commission in its recent report explains much to the same effect: “The purpose of the large board of ten memoers was to secure representation of the varied interests dealt with by the department and to bring to bear upon the agricultural problems of the state the advice and counsel of the leading agricultural and business men of the state. This purpose is interfered with to some extent by requir- ing these men to devote a considerable part of their time, when in session, to routine executive duties such as the approval of appointments, promotion, and dismissal of employes concerning v/hich the board has little knowledge, little time, or opportunity to investigate and consequently must rely almost wholly upon the decision of the secretary. It is obvious that an unpaid board meeting monthly can act in an advisory capacity but cannot supervise and coordinate the work of several departments, by the creation of an advis- ory board the original purposes would be served and the department could func- tion properly and effectively and assume the position which rightfully belongs to it as one of the coordinate major departments of state government having a 102 representative on the governor's cabinet.” Again, referring to the welfare board in maxing a similar proposal for its reconstitution, the commission ex- plains: “It has failed in these services not because it did not want to help, but because it was asked to do what boards and commissions seldom do, namely, manage and administer as well as legislate. It has been no one member's duty to look ahead for the entire many-sided problem. Even where one member has special knowledge, he must defer to three others who lack his special knowl- edge but who are compelled to go through the form of weighing his evidence 101 Ibid. p. 21. 102 0hio report (1920) p. 23 . . ■ . * . t ■ ' * • • B i ,; 1 11T** 138 and challenging his recommendations* With such diffusion at the top, it has naturally been impossible for the state to secure from trained subordinates the service they could give were efficiency and initiative fostered and 103 compelled by an exacting head with a consistent cumulative policy." Reduced to a working principle, therefore, this newer tendency may thus be defined: (1) *or administrative services, a strong, unifying central control and direction. (2) jj’or questions involving discretions and requiring delibera- tion, a body of men. The first consideration is essential to the effectiveness of administra- tion and the second is an antidote for bureaucracy* The following tendencies, finally, may be said to stand out from this study of functional organization of service activities in the states as proposed by the efficiency commissions: (1) no such general acceptance of a managerial heirarchy as in the case of the so-called proprietary functions where considerations of efficiency and responsibility alone prevailed. (2) A variation in the scope of departmental units such as labor and commerce in Minnesota, reclamation in Idaho, conservation and industries in New Jersey, and banking in New York in an adaption to local or "texture" needs. ^0^1 bid. p. 35T . 139 (3) A variation in the allocation of functions like registra” tion, vocational education, and the dairy industry due to the conflicting claim of the special interests involved, such as the department of labor's claim to vocational training supervision, etc. (4) A variety of boards and commissions and of board control. (6) The uniform utilization of the advisory boards from dem- ocratic and welfare motivtP. (6) An unmistakable tendency in the more recent plans toward a further functional division between discretionary and purely administrative duties in allocating service activ- ities to boards and commissions. cecause of the presence of subtle human motives, in brief, service admin- istration even in the reports of efficiency commissions still presents a wide range of variations in functional grouping and organization. 11 Reduced to tendencies and principles, in conclusion, this study of some ten thousand pages of the more recent reports of efficiency and econony com- missions in the American states may be summarized as follows: (1) The tendency in recent years for relatively indifferent legislative committees to give way to expert investigators. (2) The increasingly uniform practice of efficiency experts in government surveys to call into consultation professional men as well as officials where their interests are involved. * . - ' 140 (3) The increasing practicability of the proposals of commis- sions representing, as they are coming more and more to do, the lay and official as well as the expert point of view. (4) The identity of principles by which they evolve the new status of governor as the responsible effective head of administration, particularly in the proprietary functions. (5) The identity of methods by which they incorporate the principle of managerial hierarchy in the purely business or proprietary activities of state governments. (6) The marked conservatism with which they departmentalize, allocate, and organize the service or welfare activities of states— in other words, their uniform responsiveness to the paramount considerations of democracy, human wel- fare, and local or "texture” needs in all service admin- istration. Implied in the foregoing statement of tendencies are the more striking proposals of: A ballet of two for the executive department— the gover- nor and comptroller. Department heads appointed by the governor and directly responsible to him without confirmation of the senate. The creation of an administrative staff for the governor, including expert and secretarial personnel outside the * . . ... • I I - main departments An independent auditor outside the administration, responsible directly to the legislature, charged exclusively with legal and operation audits. A department of finance with special attention to allocation of accounting, revenue, and budget func- tions. The executive budget with all it implies of absolute integration of control within the administration, participation in legislative hearings, public hear- ings, item veto, and special emergency bills with legislative responsibility for increase in the gover nor's estimates. A personnel department modelled on modern principles A department of law under the direct control of the governor. a governor *8 cabinet uniformly adapted in size and membership to purposes of consultation. A legislative council as a continuous critic of the administration. Progressive separation of executive and routine func tions in internal organization of administrative de- partments 142 Utilization of unpaid, advisory boards from democrat- ic and welfare motives. Retention of board control in and out of departments with administrative centralization of non- discretionary matters. . f" 143 IV- SESSION LAWS In this section devoted primarily to a review of recent legislation, a different method of analyzing the findings is followed. Instead of a narrative statement of the findings after the manner of the preceding sections, we propose in this part of the paper to let the acts in the main speak for themselves. On the other hand, data from the session laws are classified in the same order observed in the section dealing with the reports of the efficiency and economy committees. In this way reference will be facilitated, and the significance of recent legislation in the light of expert recommendations, more readily perceived. This order is as follows: 1-General purpose of the reorganization acts as indicated in representative enacting clauses. ?,-Policy with respect to constitutional officers. 3-Governor's control of the administration. (1) Appointment (2) Fixing salaries of subordinates (3) Organization of departments (4) Special provisions relating to the organization of departments (5) Personnel (6) Qualifications fixed by law (7) Budget 4- Functional organization. 5- Boards and Commissions. In this connection, referring again to the discussion of the efficiency 4 . . , - . . ' . 144 and economy commissions, those inevitable causes leading to reorganization should be re-emphasized: 1- The inevitable coterminous expansion of population, wealth, and the scope of government activity. 2- The increasing complexity and inefficiency of an administrative system, hurriedly and illogically planned. 3- The mounting costs of such an illogical system. 4- A fiscal emergency. Multiplicity and diversity of boards represent the first-atage; a dis- integrated, negative governmental system the second, — for the untrained law- maker is bound by historical prejudices; a mounting state deficit, the third; and a popular revolt, the fourth. Recent legislative acts dealing with the organization of administration represent all four stages. There are those scattering creations of un- correlated agencies of the first stage; those ineffectual attempts at piece- meal coordination of the second; the legislative budgets of the third; and the efficiency and economy resolutions of the fourth. Any search for signif- icant recent tendencies in the legislative acts themselves, therefore, log- ically begins where the preliminary inevitable development s leave off, and by this principle we propose to be guided in this part of the paper. In other words, legislative acts represented in these findings fall in- to five classes: i , . . . (1) Those effecting a general reorganization of admin- istrative departments: Nebraska, Ohio, Idaho, Washington, Massachusetts* (2) Those providing a partial reorganization: Missouri, Michigan, California. (3) Those establishing isolated but well organized departmental groupings: Indiana, Pennsylvania, Utah, Minnesota, West Virginia. (4) Those unclassified specific provisions which affect the status of the administrative agencies in a conspicuous way* (5) Those authorizing the executive budget. , . 4 . . . 146 1-General purposes as indicated in representative enacting clauses: "The supreme power of the state is vested in the governor who is expressly charged with the duty of seeing that the laws are faith- fully executed. In order that he may exercise a portion of the author- ity so vested and in addition to the powers now conferred upon him by law, civil administrative departments are hereby created, through the instrumentality of which the governor is authorized to exercise the functions in this chapter assigned to each department.”^ ”In order that the governor may exercise the supreme executive power of the state vested in him by the constitution and adequately perform his constitutional duty to see that tho laws are faithfully executed, the administrative functions are organized as provided in 2 this chapter.” "That in the enactment of this law it is hereby declared to be the intent and purpose of the federal assembly to effectually pro- vide for the concentration of authority, with reference to the management, and the co-ordination of ths activities of the several agencies or branches of the state government to which this act ap- plies, to the end that state revenues may be conserved and a higher standard of efficiency obtained in the administration of the laws to which this act refers." "The fact that there are now too many departments in the state government, and the fact that the consolidation of the departments };Idahc . Session laws, 1921, Ch. 8. ^Ohio. Session laws, 1921, H. B. 249. 3 Mi ssouri, Session laws, 1921, Ch. 5. . . ■ - ' . , .. 'i , ’ . ■* . . ' . > , 147 herein mentioned will contribute to efficiency and economy, creates 4 an emergency and an imperative public necessity." "An act to • . promote efficiency, order, and economy in the administration of the government of the stats." 6 "The civil administration of the laws is hereby vested in the governor. For the purpose of aiding the governor in the execution and administration of the law, the executive administration work shall be divided into the several departments enumerated in Section 2 of this article." 6 "It is the policy of this state to vest in the governor the civil administration of the laws of the state and for the purpose of aiding the governor in the execution and administration of the laws and to divide the executive and administrative work into de- 7 partments as provided by law."' 4 Texas. Session laws, 1921, Ch. 10. ^Washington. Session laws, 1921. ^Nebraska. Session laws, 1919. "California. Session laws, 1921, Ch. 602. *. 148 2-Policy with reapect to constitutional officers: State superintendent of public instruction made ex officio director of department of education; really executive officer Q of the board of education in charge of text books. Resolution proposing amendment to constitution for the appointment of state superintendent of public instruction leav- ing term of office, duties, and compensation to be prescribed by law.^ Commissioner of education of new statutory department shall perform duties hitherto required by law of the state superintend- ent, a constitutional officer. All functions vested by law in the state superintendent transferred to commissioner of education.^ All executive and administrative officers except the governor, lieutenant-governor, treasurer, and secretary of state are made subject to merger or consolidation by the legislature; this pro- vision in spite of the fact that the number of constitutional of- ficers were actually increased in the new constitution.^ Constitutional officers head respective departments created for them.^ 2 Commissioner of immigration, labor, and statistics made head of the department of the same name— a constitutional office, ap- pointed by governor and senate. Only exception in Idaho code to |lbid. Ch. 502. .^Indiana. Session laws, Ch. 296. iU :vlinnesota. Session laws, Ch. 334. . u > , « . ■ * . . ' . general rule of appointment by governor alone for indefinite term. ^ Superintendent of public instruction to be appointed by governor and senate. ^ Educational work of the state consolidated under state superintendent of public instruction as director of the depart- ment; superintendent of public works made director of the de- 15 partment of public works. Creation of an administrative board composed of constitu- tional officers and heads of departments to correlate the whole 16 work of administration. Administrative committees of three members each, composed of elective state officers to perform respective duties: state equalization, state finance, state highway, state capitol, state library, etc* 1-7 ^Louisiana, Cont. Amend. 1921. ^Massachusetts, Session laws, 1919, Ch. 350. JJIdaho, S. L. 1919. ’’^Tennessee, S. L. 1919, Ch. 11. l5 0hio. S. L. 1921. ^Michigan. S. L. 1921, No. 389. ^Washington. S. L. 1921. • , ' » , , ■ s 150 3-Governors’ control of administration (1) Appointment Heads of departments a- Appointed by governor with advice and consent of senate. Massachusetts Michigan Minnesota Nebraska New York Pennsylvania Vermont Washington West Virginia * Approval of council, independent elective body of nine members. b-Appointed by governor alone. California Colorado *Idaho Indiana Montana Commissioner of immigration, a constitutional officer appointed by governor with consent of sen- ate. c-Both methods. Minnesota Chiefs of bureaus and divisions a- Appointed by director or head of the department with approval of governor. California Indiana Michigan 151 Missouri Pennsylvania Vermont •* ** Approval state administrative board. b-Appointed by director alone. Colorado Massachusetts Minnesota New York *0hio Washington *Chief of division of banks ap- pointed by governor. c-Appointed by governor alone. Idaho Nebraska Tenure of heads of departments a-Hold office during pleasure of governor. Cali fornia Colorado Idaho Michigan Missouri Ohio Utah b-Specified term of four years. Indiana •^Massachusetts Minnesota Nebraska ■^Pennsylvania Vermont West Virginia *3-5 years. **2 years. . . * . ■ ' . 152 c-Removal by governor for cause. Indiana Tennessee Minnesota (2) Fixing salaries of heads of departments. a-Fixed by governor. Missouri Washington b- Fixed by law. California Colorado Indiana Massachusetts Minnesota Missouri Montana Nebraska New York Pennsylvania Utah West Virginia (3) Organization of departments. Power to create, abolish, or recombine bureaus and divisions . a- Cabinet Washington b-Head of department with approval of governor. California Colorado .'Idaho Indiana JNebraska Pennsylvania* Massachusett s** 153 ^Approval advisory council. **Approval of governor and council. .'Limited to personnel* c-Head of department alone. *Idaho Minnesota ♦♦Michigan ♦With exceptions. ♦♦Labor department only. Power to fix salaries of subordinates , a- Cabinet . Washington b-Head of department with approval of governor. Indiana Idaho **Massachu setts ♦Montana Pennsylvania **Utah ♦Approval board of examiners. ♦* Approval of governor and council. c-H9ad of department alone* Minnesota ♦Ohio ♦Subject to civil service probisions. d-Governor . Nebraska . . ' . . . 154 (4) Special provisions relating to the organization of departments. Heads of bureaus may create new bureaus in addition to those prescribed by law; each officer, board, and com- mission having supervision and control of a state depart- ment may employ a person to serve under such officer board, or commission in a confidential capacity, and such employment shall be exempt from civil service laws.^ Commissioner of labor in newly created department may appoint such heads of divisions, bureaus, etc. as necessary^ may transfer or abolish, or even consolidate 19 such divisions, bureaus, etc. Director of department shall have authority to con- solidate any two or more bureaus created in his department, reduce the number or create new bureaus therein; with 20 consent of governor may create advisory boards when needed. The head of each department, subject to the approval of the governor shall have power to arrange and classify the work of the department, and to consolidate, abolish, or create divisions thereof. So far as consistent with the law the head of each department may adopt such rules and regulations as may be necessary to govern the activities of the department and may assign to each of the officers and employees thereof such ■^Massachusetts. S. L. 1919, Ch. 350. 19 New York S. L. 1921, Ch. 50. 20 0hio S. L. 1921. * . ■ ■ ' > i>. V . 155 duties and labors as he may see fit. And he may, from time to time for the betterment of the public service, reassign to any and all employees under the chief of any division such duties as he may see fit; he shall have the right to inspect books and records and to hear complaints, administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witness and the production of papers, books, accounts, documents, and testimony in any inquiry, investigation, hearing or proceeding pertinent or material thereto to any part of the state. * Total number of employees and appointees under new consolidation act shall not be larger than the number of appointees employed by the several boards before consolida- A . 22 tion. Members of conservation commission given powers to execute and serve warrants and processes issued by any justice of peace or any council having jurisdiction under any provisions of the act creating it. Granted power of eminent domain. In all cases where a question arises between depart- ments or officers or boards thereof as to their respective jurisdiction or powers, or where departments, officers, or 21Nebraska S« L. ^-Missouri S. L. ■^Indiana, S. L. 1919; California S. L. 1921 1921, S. B. 434. 1919, Ch. 238. • , . . ‘ , K t ‘ . • • ■ • ' . . , ‘ • ' ‘'i boards issue conflicting orders or making conflicting rules and regulations, the governor and council shall on appeal of any such department or person affected thereby, have jurisdiction to determine the question, and to order any such order, rule, or regulation amended or annulled: provid- ed that nothing herein contained shall be construed to deprive any person of the right to pursue any other lawful remedy. The time when such appeal may be taken shall be fixed by the governor and council. Governor shall have power to appoint such deputies, assistants, employees, clerical help as shall be necessary or essential to the economical but efficient and proper enforcement and admin- istration of the laws of the state, and shall at the same time fix the salaries of such appointees and prescribe their duties. Appointees may be required to serve in one or more departments and may be transferred from one de- partment to another from time to time; secretaries of de- partments shall devise a practical and working basis for cooperation and coordination of work, eliminating duplica- 24 tion and overlapping functions. (5) Personnel. a-Staff agency. The governor's cabinet of ten heads of departments to systematize and unify duties of the various departments of ' ;• lOd . ■ . . . t • . ■ • . 157 state government; to classify subordinate officers, departments, institutions; to determine salaries and compensation of subordinate officers and employees, to authorize any institution, state officer or department of state government to incur liabilities to carry on their work until meeting of legislature; department of ef- ficiency to make efficiency surveys of all state departments and institutions; to prepare and recommend to administrative board a system of classification, salaries 25 compensation for all subordinate officers The department of finance to investigate duplication of work of departments and the efficiency of the organization, and administra- tion of departments, and to formulate and put into effect plans for the better co-operation of departments, and the coordination of work, eliminating duplication and overlapping of functions; director of finance appointed by governor and holds office at his pleasure.' - (6) Qualifications fixed by law. ^Nebraska, S. L. 1919. ^Washington, s* L. 1921. 26 Utah S. L. 1921 Ch. 127. 158 Director of Commerce and superintendent of insurance must not have any official connection with an insurance company; chief of division of examination and licensing in department of educa- tion must not be affiliated with any college or school of medicine, or of pharmacy, dentistry, nursing, optometry, embalming, either as teacher, officer, stockholder; superintendent of highways must be civil engineer of at least five years experience in construction and maintenance of highways; director of agriculture must be person actively identified with agriculture; director of health must be physician skilled in sanitary 27 science. Chief of division of examining and licensing in department of education mu3t not be affiliated with schools, societies, represent- ed by any class of applicants; director of com- merce and superintendent of insurance must not have any official connection with an insurance company. Director of banking shall have had at least three years practical experience in a general 28 banking business. Highway engineer must be thirty- five years ~27 Ohio S. L. 1921 . . old; mu3t have had five years practical exper- ience in making public highways; must be a graduate and licensed engineer with at least 29 ten year 8 experience. Commissioner of health department must hold degree of doctor of public health or its 30 equivalent; must have had five years experience. One member of conservation commission must be appointed by governor from a list of persons 31 nominated by Indiana Academy of Science. The board of agriculture advisers shall be composed of representative citizens engaged in various agricultural pursuits throughout the state, not excluding representatives of the agri- cultural press and of the state agricultural sta- tion; neither the commissioner of commerce and industry nor any director in his department shall be the owner of or financially interested in any banking or insurance corporation subject to the supervision of the department; the commissioner of commerce and industry shall have had at least five years' practical experience in the banking business, or shall have served for a like period in the banking department of this or some other 2 ®Missouri S. L. 1921. S. B. 434. state; administrative officers in the department of law enforcement shall hold a license or certificate to exercise any of the professions, trades, or occupations regulated or licensed by the department. Commissioner of public invest- ments 3hall have had at least five gears’ exper- ience in the banking or investment business; the public health adviser shall be a person ex- perienced in the practice of public health and sanitation and authorized under the laws of this state to practice medicine and surgery; the director of highways shall be a civil engineer of not less than five years’ experience in road building; the director of water resources shall be a hydraulic engineer with not less than five years' experience in the practice of irrigation 32 engineering. Superintendent of public safety shall be at least thirty years old and not more than fifty-five. Commissioner of geology and forestry and his deputy must be graduates of some standard 29 Colorado. S. L. 1921. Ch. 136. 30 Michigan, 1921, No. 146. 31 Indiana, S. L. 1919, Ch. 60. 33 Idaho S. L. 1919. 33 West Virginia S. L. 1921, Ch. 100. 161 34 school of geology and forestry* Supervisor of highways at head of division of highways in public works department shall be experienced constructing highway engineer; super- visor of purchasing must have had practical exper- ience in commercial pursuits; director of public health must be experienced physician; supervisor of fisheries must have practical knowledge of fish propagation; the state dietician shall be 35 a member of the faculty of the state university. Secretary of agriculture shall be a graduate of a recognized veterinary college and shall have been engaged in veterinary work for a period of not less than five years after graduation; direct- or of bureau of plant industry shall be qualified by scientific training and practical experience in entomology and plant pathology; director of bureau of chemistry shall be graduate of recognized COl- O/r lege and shall have specialized in chemistry. Commissioner of education appointed by state board of education shall possess educational attain- ment and breadth of experience in the administration of public education and of finances pertaining there- ^Kentucky. S. L. 1218, Ch. 35. ^Washington. S. L. 1921. ^Pennsylvania. S. L. 1921, Ch. 101. . > . . ; . - < 162 to; commissioner of drainage and waters shall be a practical drainage engineer experienced in drainage and hydraulic engineering of high standing and recognized ability; state board of education must consist of five representative citizens of the state. ^ Principal vocation of at least three members of the board of agriculture (six members) shall be agriculture; physicians, pathologists, and psychiatrists of the department of mental diseases shall be exempt from the civil service law, and th6 rules and regulations made thereunder; two associate commissioners in department of labor and industries shall be a representative of labor and employers of labor respectively." Board of health of ten members, all of whom shall be legally qualified practitioners, includ- ing an osteopath, homeopath, eclectic, and allo- path, chosen from lists of five names for each vacancy, furnished by associations of such schools or systems as are entitled to membership.*" a-Salaries of heads of departments. Agri culture *3600 Idaho 4000 Utah 4500 Minnesota . ✓ , , * . ) . . i K 163 5000 Massachusetts and Michigan *5000 Nebraska *6500 Ohio 6000 Pennslyvania *Uniform for all departments. Public health 4500 Michigan Eduation 5000 Minnesota 7500 Massachusetts Public works 7500 Massachusetts 10000 California Conservation 4000 Indiana 5000 Michigan Finance 5000 California, Missouri and Utah Public Welfare 4000 California 6000 Massachusetts 10000 Pennsylvania Labor 3000 Missouri 4500 Minnesota 7500 Massachusetts 8000 New York ^Minnesota. S« L. 1921 Ch. 334. ^Massachusett s. S. L. 1S19. . - , ! . r . . « . 164 (7) Budget* A state budget commission composed of governor, attorney- general and state auditor; legislature will not alter budget bills except to strike out or reduce items therein, unless by a vote of two-thirds of the members elected in both houses; neither house will consider any other appropriation except an emergency measure for emergency expense of legislature until budget has been finally acted on by both houses; additional AO appropriations in separate bills of single items. Bureau of budgets and accounts established in department of finance, governor may alter division at pleasure. Director 41 appointed by governor. Governor may request estimates; must hold public hearings; governor may revise ,— increase or decrease— any estimate sub- mitted, except those of judiciary and general assembly, but must indicate reasons in report to general assembly; standing committee in each house in open session may require attendance of responsible executive officers; governor or representative has right to be present; general assembly may increase, decrease, or eliminate item^— but neither house shall consider further or special appropriations except in case of emergency; total budget appropriations may not be increased in aggregate to a point where Kentucky. S. L. 1918, Ch. 65. 40 Alabama. S. L. 1919, No* 31. 41 California. S. L. 1921, Ch. 6C2. 165 they will exceed the state revenue from all sources as establish- ed in the budget; additional appropriations must be embodied in separate bills called "supplementary appropriation bill" which shall designate the source of the money called for by the appropria- tion; transfer of allotments by spending agencies may be made on written request to governor, state treasurer, and state auditor, two of whom may approve; the "governor shall be chief budget of- 42 ficer of the state of Delaware." Budget bill to be prepared by state examiner of state board of accounts, an office already in existence and filled by appointee of governor; requests of various departments to be filed with him from which he compiles budget for submission to governor, contain- ing requests and his recommendations for each item; public hear- ings provided for in open sessions of the legislature; no restric- 43 tion on legislature's power to revise items up or down. Governor the chief budget officer with assistance of the de- partment of finance; governor to provide for public hearings and shall require attendance of all civil executive officers; to sub- mit to legislature with amount therein recommended by him, the estimated revenues from taxation and other sources, and the es- timate of amount required to be raised by taxation; to present to each presiding officer of the general assembly a budget bill with 42 Delaware. S. L. 1921, Ch. 26. 43 Indiana. S. L. 1919, Ch. 149. 166 items clearly itemized; legislative committees in public hear- ings may summon civil executive officers; governor or represent- ative to have right to sit at these hearings; legislature may increase or decrease items in budget bill, but neither house to consider further or special appropriations except in case of emergency, which fact to be clearly stated in the bill therefor, until budget bill finally acted on by both houses; all bills introduced in either house to be itemized in accordance with the A4 classification used in the budget;* budget bureau created in de- partment of finance. Every appropriation bill to be either a ’’Budget Bill” or a "Supplementary Appropriation Bill;” compiling board authorized to include recommendations in budget, instead of making it a 45 mere compilation of requests as before, A depart ment of budget which in addition to compilation of budget has duties of former tax commissioner and has supervision over purchasing and printing; department headed by a commissioner of budget appointed by the governor; two bureaus: purchase and taxation; may approve or disapprove estimates but not to alter them; to submit estimates to governor with his own estimates in writing; may make recommendations in interest of economy and ef- Ag ficiency; governor to submit budget to legislature. Secretary of finance to examine all department estimates; 44 Idaho. S, L, 1919. Amend. S. L. 1921, 45 Montana. S, L. 1921, Ch. 47. 46 Miseouri. S. L. 1921, Ch. 434. r 1 i »■ . 167 to file with governor his recommendations as to each item contained in the budget; governor may raise, lower, or reject any requested appropriation or item; must give reasons there- for in transmitting budget to legislature; legislature not to make appropriation in excess of the items recommended in budget unless by three-fifths vote of each house of legislature; items or recommendations therein contained may be rejected or decreased in amount; governor may not veto items increased by a three-fifths vote, (constitutional provision); close control over expenditures provided for; department may investigate at any time as to whether appropriations are being economically used; before money becomes available, quarterly estimates to 47 be approved by governor. Legislature may amend general appropriation bills by in- creasing items therein relating to judicial department; not otherwise to alter or amend budget bill, except to strike out or reduce items therein; legislature not to enact any other appropriation bill except on recommendation of governor; all additional appropriation bills to be embodied in separate bill, 48 limiting to some single work, subject, or purpose therein stated.' General assembly may increase or decrease items in budget bill; all appropriation bills in addition to budget bill must be passed after enactment of budget bill, except in emergency, and money for additional bills must be in treasury unless a ^Nebraska. S. L. 1921, Ch. 210. 48 New Mexico. 1921. Constitutional Amendment, 49 North Carolina, S. L. 1919, Ch. 29. Res. No. 6 . t ; * ' . . . „ . . . • special tax for that purpose i9 levied in bill making the 4 9 appropriation. Budget board to transmit copies of estimates and rec- ommendations to secretary of state, who in turn is to trans- mit it with original estimates of requirements to governor; board composed of governor, secretary of state, treasurer, SO auditor-general. Budget to be prepared by finance commission and depart- ment of efficiency; department of efficiency empowered to survey all public offices and institutions with a view to their more economical administration; to compile daily ex- penditure of these departments from which the basic state- ment for th6 budget is to be prepared; budget is finally referred to finance committee (formerly called board of finance) composed of governor, treasurer, and auditor; fifteen percent of total appropriation for department to be held as reserve, no part to be expended without affirma- tive vote of administrative board. 51 50 0regon. S. L. 1921, Ch. 22 Washington. S. L. 1921. 169 4-Functional organization (1) Number of department s Complete reorganization 6 ^Nebraska 8 Ohio 9 Idaho 10 Washington 15 ^Massachusetts Partial reorganization 3 Missouri 5 Michigan 7 California ^Reorganization limited by number of constitutional bodies ■^Constitution provides that there be not more than twenty departments (2) Functional departments Public works California, Idaho, Massachusetts Nebraska, Ohio, Washington Conservation and development Indiana, Michigan, Massachusetts Washington Agriculture California, Idaho, Massachusetts Michigan, Minnesota, Missouri, Nebraska, Ohio, Pennsylvania, Washington Finance California, Idaho, Missouri Nebraska, Ohio, Utah Edu cation California, Massachusetts, Min* nesota, Ohio Public Welfare California, Idaho, Massachusetts Michigan, Nebraska. 170 Labor Massachusetts, Minnesota, Michigan Nebraska, New York, Missouri, Ohio, Washington Commerce Idaho, Ohio, Nebraska Public safety Massachusetts, Michigan, Pennsylvania West Virginia Health Massachusetts, Ohio Banking Indiana, Pennsylvania Business control Washington Efficiency do Taxation and examin- ation do Licenses do Fisheries and game do Immigration, labor, end statistics Idaho Law enforcement do Public investments do Reclamation do Banking and insurance Massachusetts Civil service and registration do I ■ , , . . , , 1 171 Industrial accidents Massachusetts Mental diseases do Corrections do Labor and industries do Civil service California Institutions do Bu dget Missouri Drainage and waters Minnesota (3) Departmental grouping of functions by states Agriculture Markets California, Idaho, Michigan, Minnesota, Pennsylvania Plant industry California, Idaho, Ohio, Pennsylvania Dairy and livestock Massachusetts, Ohio, Washington Animal industry California, Idaho, Ohio, Penn- sylvania Foods Ohio, Pennsylvania, Washington Fairs Idaho, Massachusetts, Ohio . , , . 172 Statistics Minnesota, Pennsylvania Agricultural chemistry California, Pennsylvania Weights and measures California, Washington, Idaho Horticulture Washington Feeds do Drugs and oils do Fish and game Ohio Plant pest control Massachusetts Ornithology do Reclamation do Soil survey do To investigate fraudulent advertisements pertaining to colonization and settle- ment Idaho Public works Highways California, Idaho, Massachusetts, Ohio, Washington Engineering California, Ohio Architecture California, Ohio . * ■ < nHKBHHarai 173 Water rights California, Massachusetts Land settlement California, Massachusetts Purchase real estate Ohio Motor vehicles Massachusetts Transportation Washington Public utilities Conservation and development Washington Forestry Indiana, Massachusetts, Michigan, Washington Geology Indian^ Michigan, Washington Fish and game Indiana, Michigan, Massachusetts Land and waters Indiana, Michigan Reclamation Washington Hydraulics do Entomology do Engineering do Animal industry Education Massachusetts Libraries California, Massachusetts, Ohio .. , , ' . ' . , Professional licensing Ohio Film censorship Education of aliens Education of blind Finance General accounting Budget making Purchasing Printing Motor vehicles Custody buildings and grounds Supervision of banks Supervision buildings and loans Public welfare Public health adviser Aid and relief Child guardianship do Massachusetts do California, Ohio do do do California do Missouri Missouri Idaho Massachusetts do Juvenile training do ' * • 175 Lunacy Pennsylvania Prison labor do Charities Labor or industrial relations do Labor statistics California, Massachusetts, Min- nesota, Ohio Safety California, Minnesota, Washington Workmen's compensation Minnesota, Ohio Mediation and arbitration Minnesota, Massachusetts 7/omen and children do Boiler inspection do Employment do Immigration California Industrial welfare do Factory inspection Ohio Mines Commerce Ohio Insurance Ohio 176 Inspector buildings and loans Ohio Inspector of oils do Public utilities do Banking Idaho (4) Comparative study of the departmental groupings of the more important functions. Service De partment States Budget Finance California, Ohio, Nebraska Utah, Ef ficiency Washington Governor Idaho Administrative Board Michigan ^Budget Missouri Banking Commerce Idaho, Ohio Finance Missouri Taxation and Examination Washington * Banking Indiana, Massachusetts Purchasing Finance California, Ohio, Utah Business control Washington Administrative board Michigan Budget Missouri ■^Purchasing Montana . . , . . . , 177 Dairy and livestock Agri culture California, Idaho, Michigan, Ohio, Washing' ton Public utilities Public works Washington Commerce Ohio ^Public utilities Massachusetts Highways Public works California, Idaho, Massachusetts, Ohio, Washington Geological survey ^Conservation and development Indiana, Michigan, Washington Taxation Budget Indiana Finance Ohio ^Taxation and examination Massachusetts, Washing- ton Forestry Conservation and development Indiana, Michigan, Washington Reclamation Conservation Washington Public works California *Reclamation Idaho Institutions Public welfare Michigan, Pennsylvania ■^Institutions California Engineering Public works California Highways Ohio Conservation Indiana Immigration Agriculture Michigan Labor Cali fornia , f Examination and Law enforcement Idaho regi stration Education Ohio, California Civil service and registration Massachusetts 179 5-Board9 and commissions (1) Types Boards composed of advisers outside department having general knowledge of the activity, for rule making. Local boards of trustees of charitable institutions retained as advisers board of review for quasi- judicial functions relating to irrigation to be appointed by director of public works; industrial welfare commission, commission of immigration and housing, bureau of labor statistics combined in one department, each autonomous with a common administrative staff; also licensing boards in department 53 of education. Boards intact for quasi- judical functions, parts of respective departments for administrative matters; commis- sions retained in departments, the head of which acts as secretary. Advisory boards may be created by department heads with consent of governor. Advisory commission optional with commissioner of banking and to be appointed by him. Commissioner of labor shall appoint referees at sal- C.C ary fixed by commissioner. ^Washington S. L. 1921. 53 Califcrnia S. L. 1921, Ch. 602. 54 0hio S. L. 1921. New York S. L. 1921, Ch. 50. ^Pennsylvania S. L. 1921, Ch. 130. • ' • . . . . ■ . . . . . . . . • . Directors of divisions in departments tc act as advisory council for head of the department; director of civil service and director of registration to act as 57 board affecting department as a whole. Non-salaried local board for each of four groups of state institutions under the general supervision of 58 the department of welfare. Board of agriculture advisers in department of agri- culture to advise executive officers of department of their own request; to recommend on its own initiative, policies and practices which the executives duly consider Department board composed of director and division chiefs to head and decide all matters of sufficient import- ance to require their joint action. 60 Commissioner of department of labor and industries and chiefs of divisions may appoint committees on which employees and employers shall be represented, to inves- tigate and recommend rules and regulations, and to change existing rules and regulations within the scope of powers 61 and duties of the department. Advisory council to commissioner of conservation made up of chiefs of three divisions. 62 66 Minnesota. S. L. 1921, Ch. 81. ^Massachusetts. S. L. 1919, Ch. 350. Minnesota. S. L. 1921, Ch. 163. . . . , , ' . . . - . - . ' - . . - Unpaid commission in department of conservation of seven members; advisory council department of health, gq five members appointed by governor. Unpaid advisory board in state highway department, seven members. ^ Unpaid board of agricultural advisers in department of agriculture of nine members to recommend on its own initiative, policies and practices which the executive officers shall duly consider. It is to investigate work of department, and may require information from all of- ficers. ^ Unpaid welfare commission of nine members, three to be ex officio; commissioner of public welfare, labor, and health, the remaining six to be appointed by the gov- 66 ernor. Unpaid advisory board in department of health to be 67 appointed by director. Advisory board of six members in department of ed- ucation appointed by the governor, two members shall be women and one shall be appointed from among the teachers Idaho. S. L. 1919. ^Washington. S. L. 1921. ^Massachusetts. 1919. Ch. 350; New York. S. L. 1921, Ch. 50. ^Massachusetts. S. L. 1919, Ch. 350 ^Michigan. So L. 1921, Ch. 146 ^Colorado. So L. 1921, Ch. 136 65 Idaho. S. L. 1919. . . , * . , . . , - , , . . . . ■ < . , . * . . - 182 of the commonwealth; unpaid advisory council in the de- 68 partment of education on negro education. Department council of labor made up of one represent- ative from each of the four commissions retained in the 69 department • A tax commission of three commissioners, with complete administrative control vested in the chairman appointed by the governor; a department of labor consisting of a com- mission of three members with administrative power vested in the industrial commissioner at its head, appointed by the governor; commissioner most matters pertaining to (2) Board Control Heads of departments Education Health Conservation Labor Finance to sit with the commission in the department?® Minnesota Kentucky, Ohio Indiana Michigan, Minnesota, New York, California California ^'Pennsylvania. S. L. 1921, Ch. 425 ^Ghio. S* L. 1921; Massachusetts. S. L. 1919, Ch. 250. ^West Virginia. S. L. 1921, Ch. 2. ^California. S. L. 1921, Ch. 602. 70 Michigan. S. L. 1921 • ■ * . . . r 183 Associated with departments judicial functions. for advisory, rule making, or Education California, Missouri, Kentucky, Massachusetts, Ohio, Tennessee, West Virginia Public welfare Massachusetts, Michigan, Penn- sylvania Labor California, Michigan, Minnesota, New York, Massachusetts, Ohio, Utah, Washington Commerce Ohio Public works Ohio, California Finance Ohio Health Ohio, Michigan Agriculture Idaho Conservation Michigan Single-head control of departments Education California, Massachusetts, Nebras- ka, Ohio Tennessee Health Massachusetts, Ohio, Washington Conservation Massachusetts, Michigan, Washington Public welfare Idaho, Massachusetts, Michigan, Nebraska, Pennsylvania, California Labor Massachusetts, Nebraska, Washington Finance Idaho, Missouri, Ohio, Utah Agriculture California, Idaho, Massachusetts, Michigan, Nebraska, Minnesota, Ohio, Pennsylvania, Utah, Washington Public works California, Washington, Nebraska Public safety Michigan Commerce Nebraska 185 V-CONCLUSIONS With the data thus arranged in a somewhat orderly form, we are now ready to deal with the question stated at the outset: Is administrative reorganization in the American states a random exper- imentation or are fundamental, discoverable processes at work beneath it all? After an analysis of some ten thousand pages of representative state documents, one lays aside the latest message, the latest efficiency and econ- omy report, and the latest session law of the states with a cumulative find- ing re-enforced by each succeeding page. There is a set of causes molding the processes of reorganization— definite and irresistible— forces that brought a representative government in the beginning, and are now destined to bring a more integrated, efficient, responsible administration in a rec- ent and even more vital emergency. I refer to the fiscal problem of the American commonwealths. It is found in the first and the latest of the gov- ernors* messages of these last two years, it determines even the titles as well as the findings of groups of expert investigators, and it reads like a veritable new bill of rights in the enacting paragraphs of the recent con- solidation acts themselves. In other words to make outgo fit income is a very old problem, but to make income fit unparalleled, but inevitable in- creases in outgo, this is a new and striking emergency confronting the states. Which is to say, the resisting, irate taxpayer has come to court. Dynasties unheedful of him in the past, fell; King John of England alert at Runnymede, gave him a people’s parliament. It remains for the American com- monwealths, behind whom are seven centuries of traditions of representative government to purge that parliament of extravagances on demand. This final \± f , . . • , . . I . • . ... , . , * , • •' ' 186 consideration brings us to the core of the whole reorganization movement. The reorganization movement began with great increase of expense; that in- crease was inevitable. The earliest government we know anything about set up at the people's expense instruments of their common defense; the modern state must license its practiVners and perform a hundred similar services in a new kind of defense which a complex, more interdependent social struc- ture makes necessary. As a result the most striking fact of political development in the last half century, and particularly the last decade has been this steady, inevitable increase in the government's activities. As early as 1904, a Nebraska legislator pointed out that whereas in that state seven administrative agencies were ample for all its work in 1875, over 117 were the objects of distinct appropriations in the finance bill he opposed just twenty-nine years later. But even earlier than this in 1897, the president of the state bar association referring to these same agencies, declared: "While many of these boards are necessary, yet the increase is surprising, and indicates a tendency to multiply the tax-eaters at the expense of the taxpayers." In other words, whereas the total tax bill of all the commonwealths in 1910 was 300 , 000,000 in 1920 it exceeded 700,000,000. Or to take the specific case of Michigan alone, the contemplated outlay for but the one biennium of 1920-22 exceeded the amount raised by taxation for all purposes in 1918. And finally, to meet the unparalleled fiscal demands of 1920, there i3 a system of taxation designed primarily for those simpler needs of the nineteenth century. More pregnant than this situation, however, and fraught with signif- icance for the reorganization movement itself, is the striking identity of expedients proposed for meeting it. Totally absent from the documents of . , - ' . • . . r ; . . • - • I . ~ . . » 187 the governors or the expert investigators themselves, is a suggestion of that simplest alternative--the curtailment of services. Faced with the grievous stringency to which we have already referred, the governor of Massachusetts said to the general court: "The commonwealth is doing a fine work in the care of the sick, the insane, the helpless, the feeble-minded, the delinquent, and for the convenience and comfort of all. Her institutions command the admira- tion of all observers. We must continue in this well-doing.” "We have no proposals to make for curtailing the services of California," reported the efficiency commission o f that state, "the recommendations submitted embody fundamental principles of government, which when put into force, will not on- ly make for immediate improvement in the administration of the state’s affairs, but will be the foundation upon which any future expansion of the state's activities may rest. " Similarly, there are absent proposals of ways and means for immediate increase of the revenues. Not what is the state doing, but how , became the chief consideration. Not academic discussions as to the province of government, but considerations of efficiency and economy in the administra- tion of generally accepted services came to be the one expedient proposed, strikingly identical throughout the commonwealths. In thi3 emergency and gen- eral concert of opinion on ways of meeting, the efficiency and economy move- ment was born. The integrated, successful business corporation became the radiant point of prestige. Tested principles of the managerial hierarchy displaced historical prejudices and their corallaries, checks and balances, in the focus of official attention, and reorganization set in. With the advent of efficiency and economy experts, the second phase of the reorganiza- tion movements begins. Spasmodic attempts at consolidation began long before, it is true, really as far back as 1363 when the commonwealth of Massachusetts ” : . , . . 1 . . . - - . t , . . 188 combined her charitable agencies in the interest of efficiency, but all such attempts were hectic, piecemeal, and illogical. Unable to keep pace with the unprecedented accrual of activities, the best the earlier legislatures could do was a makeshift best— the creation of a new board to administer each new activity. Functional correlation is a problem for experts, and as we have seen it troubles even them. On the other hand, principles of ad- ministration are definite and logical. These the investigator brought with him. In the light of these, as we have seen, he went straight to the root of the trouble. "The resolution creating the Committee," reported the Ill- inois Efficiency and Economy Committee, "imposed on it two main duties: (l) to create a more perfect system of accounting; and (2) to propose a general reorganization and consolidation of state offices, boards, and commissions. "After due consideration," it significantly concludes, "the Committee agreed that the plan of administrative reorganization should precede the introduc- tion of a comprehensive system of accounting. The latter is necessarily dependent on the system of organization." The Commission build6d greater than even it, perhaps, could know • . Simultaneously with the enunciation of such a principle in Illinois, the efficiency advocate in every common- wealth where the financial stringency was most sharply felt, re-enforced it. The principle became the opening wedge in a situation ripe for it. Huge deficits, mounting debts, revelations of administrative excesses and extrav- agance, an aroused, aggressive public opinion, and the inevitable effi- ciency plank in the party platforms, gave to a constitutionally nominal chief executive, the mandate which for over a century had been illogically denied him— a mandate which be it to his credit he unhesitatingly accepted. The governor, more generally, more emphatically in the last five years than in . , * , . ' -~ , . . * ' f t . ■ « . ( ■ ‘ , : \ v 5 * 189 the one hundred years preceding, became the people's spokesman. "From many stumps over this state," declared Governor McRae of Aj.kansas, "I declared for retrenchment and administrative reform, making this the paramount issue in my race for governor, and I was nominated. Not one of my eight opponents, so far as I know, declared himself on these issues. Wherever and whenever the people have had opportunity to register their opposition to administrative extravagance, they have done so. By every rule of representative government, we are bound to adhere to these demands." There was no mistaking the new role of the governor. In a score of states where legislative importence was never so sharply obvious as against the background of a mounting state debt, it was the governor who rose with the occasion, and assumed virile, vigorous charge. The people had spoken. They demanded retrenchment. They had turned to him. The people in their collective capacity were not so concerned with the method; they presumed to know nothing about it. What they did demand was action, immediate and effective, and for it they looked to the governor. In the focus of an intolerant public attention, r6-enforced by the demands of the governors, nominal, and perfunctory legislative "investigating committees" invariably gave way to the disinterested, exhaustive findings of the experts. If the legislatures were indifferent, there was the ready ear of the governor. Under his influence, purely technical findings were merged with the practical official point of view. Sometimes, a bit impatient, either as Governor Groes- beck of Michigan, Hart of Washington, or Mills* of New York, the more tedious processes of exhaustive analysis were laid aside temporarily for the piece- meal expedients they forced through. But v/hatever the expedient for the moment, the consistent, appreciative advocate of the efficiency and economy commissions was the governor. From the first he recommended them, and when they were appointed, he championed them. 1 . . . » , . 1 . . . . ( 1 - } >1 ’ , . . . ,1 190 With the advent of thG governor himself, therefore, in his actual, parliamentary role, state administrative reorganization may be held to have entered its latest and most significant phase. For in the last analysis, always it is the executive initiative and political prowess on which depends more and more the ultimate character the administration is coming to assume. Through his leadership, bulky expert appraisements of administration and recommendations relating thereto, become the specific definitions of the enacting clauses of administrative codes lik6 those of Illinois, Idaho, Nebraska, Ohio, and Washington. The efficiency or expert personnel of the investigating committees, through his influence, opens in this latest phase of the movement to scores of professional, lay, and official participants, whose interests are involved. Committee sessions expand into public hear- ings; paper reorganization is laid aside for the technical analysis of pulsing human motives. Above all, the governor himself becomes th6 tangible inspiration of a status they create for him, which transcends anything the administrative department of an American state has yet known. There is noth- ing in the managerial hierarchy which commends itself to a commission seek- ing to harmonize human welfare needs with administration in a staff to assist him. It has been the wise commission therefore, but politically wiser gov- ernors who in these latter days are coming more and more to temper the ideal of administrative efficiency with those broader considerations of democracy and welfare. There is the need, for instance, of eliciting the participation of disinterested citizens serving on unpaid boards, exercising powers of investigation, advice, and publicity. There is the need of placing legal 1 . ' . . .. . * . - 191 authority and responsibility in a particular officer most likely to develop a sense of professional responsibility and pride in connection with the work of such an office. There are those influential citizens, further, who doubt whether either popular government or efficient government is most likely to be advanced by placing the health or public welfare director under the control of a central administrative officer, or by subjecting unpaid commissions supplied to welfare departments for correcting the "possibly. too narrow and business point of view of the managing officer" to interference by still other central administrative officers. In other words, in the administration of government services, as distinguished from services for profits purely, there is the eternal question of diffusion rather than concentration of authority in the interest of not only a more efficient but a more democratic administration. When the later day mixed efficiency commissions, influenced by the public hearings they came more and more to hold, and under the domin- ant leadership of the governor himself, cut the Gordian knot between the managerial plan of the business corporation and administrative charts of their reports, the most significant discriminating element set in. There was a sharp differentiation between the administrative organization for the government in the things it did , and for the government in getting itself ready to do them. In other words, planning the managerial hierarchy for proprietary agencies, on the one hand and thoroughly diluting and democratiz- ing that same hierarchy to serve human welfare needs, on the other, is the most significant tendency in recent state administrative reorganization. In the first flush of expert investigation, analysis, and recommendation in this reorganization, the prestige of the business corporation exerted a , , , ' f . . ' ' 102 powerful influence over the advocates of administrative reform. With an impetuosity a trifle American, a clean sweep was made of existing administrat- ive agencies. The test of the effectiveness of a reorganization in any state, regardless of local or texture problems came to be th6 number of existing agencies abolished or consolidated, and the degree of integration of the ad- ministrative agencies. It was a test of form, not of personnel, a vision of a balanced pen-j-and-^ink chart, not of an adaptation to functional differences. Agencies that had served democratic needs for a hundred years, like the aldermanic government of the cities^were summarily dispensed with in many instances, notwith standing that English and continental experience with those same agencies serving similar needs ha3 been a satisfactory one. In the significant calm after the precipitous efforts of the incipient years, reorganization goes steadily on, but it is partial rather than complete, conservative rather than iconoclastic. The fiscal emergency is more serious than ever, the governors never more aggressive, and more efficiency investiga- tions v/ere never at one time so uniformly, exhaustively at work. But the purposes seem to be more discriminating, the leadership more reflective. And finally, when we have examined the more recent laws as a whole and noted their commendable significant provisions, can it not be accurately held that they show steady, convincing progress toward the desired status of administrative agencies in the commonwealth? It must be so. All those powerful forces of fiscal strain and vigorous, practicable leadership which have worked revolu- tionary changes in strongest governments of the past have been with us in the administrative reorganization movement— but with the novel yet thoroughly tested element of expert investigation, analysis, and recommendation in addi- * * * t . > • ‘ ' . ‘ * - •. ! 193 tion. There is always the question of standards and tests, however. Before we appraise the recent tendencies, we must settle the question of what we want. If one critic sees in chapter 602 of the California laws of 1921 on- ly a "hesitating” step toward reorganisation, and another sees in some of its provisions conspicuous achievement, why, the definition of the test applied in both cases must precede final judgment of the act. In other words, if administrative efficiency without regatd to functions or to the needs of those on whom it operates is the thing desired, the California act is less than "hesitating," it is negligible. But if, on the other hand, the test first carefully discriminates between that administration which has to do with perfecting the administrative staff itself, and that which actually reaches the people as a service function; second, if the test demands of the former, primarily a technical efficiency through a hierarchical organiza- tion, but holds in the latter to the principle of democracy and adaption to human needs as the first requisite, why, then, the California provisions are really notable. But even then, such a test applied to a single chapter of the session laws of a single year in a single state is manifestly inadequate, either for gauging the movement in California, or the general trend of tendencies in the whole field of administrative reorganization. It is only when the pro- visions of the act of any one commonwealth are studied in the light of test- ed practices in the majority of them, that an appraisement really becomes significant. It is only as it sends into the general stream of workable . , ' ♦ : ’ . < , . i 194 experiences its own individual contribution and draws from that same stream the tested experiences most adaptable to its own local problems and needs that the legislation of the several states has been weighted in the considera- tions which have entered into this study. In the light of this larger test not only California, but Michigan, Minnesota, Missouri, Pennsylvania, New York, and Utah with their piecemeal reorganizations are coordinate in the year just closed. The administrative principles which may be assembled from the act 8 of these states taken collectively, must confirm the claim that coming from the experiences of such states as these there is the inevitable new state executive,--not the traditional business executive, but the people's leader— dominant , responsive, flexible— a strategist and a humanitarian, with an administrative accompaniment adapted to his purposes. . ' * . . , 195 BIBLIOGRAPHY 1-Booke Allen, W.H. Efficient democracy. 1907 Buck, A. E. Mudget making Appleton 1921 Crennan, Charles Holloway. Survey of state executive organization. (Thesis, Ph. D. ) Princeton Holcombe, Arthur N. State government in the United States Macmillan 1916 Mathews, J.M. Principles of American state administration Appleton 1917 Cleveland and Buck The budget and responsible government. Macmillan 1920 Willoughby ,W.F. Movement for budgetary reforms in the states. New York. Appleton 1918 (Institute for government research) Weber, Gustavus A. Organized efforts for the improvement of methods of administration in the United States Appleton 1919 (Institute for government research) Fairlie,J.A. National administration in the United States. Macmillan 1915 2-Pericdicals State af fairs(1919-20) Political science quarterly. Record of political events. September 1920 Supplement p.71 Buck,A.E. Administrative consolidation of state depart- ments. National municipal review. November 1919 p.639 Kelso, R.W. Functional state service ;how Massachusetts has consolidated her state government. Survey .August 1920. p.745 . . • • « . • , i , » . . ' • . . . . , . • • « . 196 Davis, D.W. How administrative consolidation is working in Idaho. National municipal review November 1919 p 615 Mathews, J.M. Administrative reorganization in Illinois. National Municipal review Supplement , November 1920 p739 Fairlio,J.A. The executive in the model state constitution National municipal review. April, 1921 p226 Douglas, J.R. Research activities of departments of state government of California in relation to the movement for reorganization. National research council bulletin no. 137 p 289 Chase, H. T. Kansas general manager plan. National Municipal Review, 1918. p384-387 Crenner, C. H. A survey of state executive organizations and a plan of reorganization. 1916. Davis, D. W. How administrative reorganization is working in Idaho. National Municipal Review. 1919 p615-62Q Dodd, W. F. The consolidation of government organization. American Municipal Review. 1917 p. 413-414 Lowden, F. 0. Business Government. Saturday Evening Post. 1920. pl65 , 166 ,169 . McKelvie, S. R. A responsible form of government. Nebraska's new civil administrative code. American Review of Reviews. 1920. p.295-298 Moxey, C. C. The Delaware Survey. National Municipal Review. 1919. p223-225 Dodd, W. F. Notes on State Administrative Reorganization. American Political Science Review. August, 1921. p556 3- Pamphlet s Bell, F. F. Costs of state government. Pamphlet. Legislative reference bureau 1916. 46pp. Moley, Raymond. State movement for efficiency and economy bureau of Municipal Research, New York. Bulletin 90, October 1917 Powell, F. W. Recent movement for state budget reform Bureau of Municipal Research, New York Bulletin 91, November, 1917 • • . . . . • • . . . . . . • • 197 Reorganization of the government departments. Pamphlet. American association of engineers, Chicago. August, 1921. (A suggestive plan for grouping engineering activities to effect economies and an answer to the chief of engineers of the U.S. array. ) Tax association plan of reorganization. Tax Payers' Journal. March 13, 1919. p.3-6 Waters, C. C. State Commissions on economy and efficiency. Providence, R. I. E. L. Freeman, 1915. (Rhode Island State Library, Legislative Reference Bureau; Bulletin No. 7, 1915.) Haines, Charles Grove. University of Texas Bulletin. The Movement for the Reorganization of State Admin- istration Galbrsath, C. B. Report on Administrative Reorganization in Other States (than Ohio). Croly, H. State Political Reorganization. American Political Science Association Proceedings. 1911. pl22-135 Massachusetts report on state administration and expenditures by Stone and Webster Construction Company, January, 1922, House no. 900 U'Ren, W. S. State political reorganization. The American Political Science Association Proceedings. 1911. pl36-139 Dodd, W. F. State Administrative Reorganization. Journal of the American Bar Association. August, 1921. p6 02 • ■ . 198 BIBLIOGRAPHY 4 -St ate Documents Alabama Legislative Investigating Committee. Report 1915. Act to Create State Board of Control andEoonomy, approved February 13, 1919. Arkansas Proposed plans for administration reorganization. D. Y. Thomas 1921. California Commission on Efficiency and Economy Report to governor. March 12, 1919. Colorado The Colorado tax commission and revenue system of Colorado, by R. J. Haig. A revision of the highway law6 of the state, by A. N. John- son . Special report 1916. Report on a survey of the administration of public service, functions relating to regulation and supervision of labor. Report on a survey of the office of auditor of state and of the office of public examiner. Report on the care of dependents, delinquents and defectives, by Samuel W. Hamilton, Walter L. Tredway, Alexander Johnson. Report on a survey of the state auditing board. Connecticut Commission on the consolidation of state commissions and the reorganization of the public health laws. Report, 1915. Jelaware ^egis^gti^ 0 gurvey cormrdttee, reports and recommendations. Idaho Administration Consolidation Law. Approved, February 19, 1919 Illinois Efficiency and economy committee. Preliminary report, June 18, 1914. Final report, 1915. The civil administrative code of the state of Illinois, 1917. Iowa Consolidation report of the efficiency engineers, filed in the secretary of state's office, March 24, 1914. Report of Quail & Parker, efficiency engineers, relating to the state department of agriculture, state fair management ' . - . . <■ . . . - . , . . . I 199 and passes. Report providing for reorganization of state government with notes to bill introduced. Reorganization Bill. Senate file No. 519. Senate Journal 1915. Kansas Partial report, 1916. The penal, charitable, and other institu- tions of Kansas. The state education institutions. Economy and efficiency report of Senator J.D. Joseph, (Minorjtiy report, 1916) State Board of Administration. Report 1918. Business manager. Report 1918. Economy and efficient report of I. D. Joseph, senate member of efficienty and economy commission. 76 pages. Maryland Commission on efficiency and economy. Maryland. Report in re The Organization and Administration of the state government Part II. April 15, 1921. 66 p. (Griffen- hagen and associates, Chicago.) Report of Dr. Frank J. Goodrow, chairman and member of effi- ciency and economy commission. By H. S. Chase & Company on inefficiency and extravagance in various departments and offices. January 17, 1916, 51 p. '16. Massachusetts Commission on efficiency and economy. Supervisor of administration report 1916, 1917, 1918. Governor and Council. Specification and rules for the class- ification of personal service of the commonwealth of Massachusetts, 1918. Act to organize in departments the executive ansi administrative functions of the commonwealth. Approved July 23, 1919. Supervisor of administration annual report 1918 (Pub. doc. No. 119) 24 p. '19. Annual report 1916 (Pub. doc. No. 119) 22 p. '17. Annual report 1915 (Pub. doc. No. 96) 304 p. '16. Minnesota Efficiency and Economy Commission. Preliminary report May 25,1914. Final rpport, November 1914. Commission on reorganization of civil administration. Report of commission on reorganization of civil administration appropriation by governor. Inaugural message of Gov. Bromquest to legislature Jamary 1917. Nebraska Civil Administrative Code. Approved April 19, 1919. New Jersey Economy and Efficiency Commission. Report 1912, 1914, 1915, 1916, 1917. 200 North Dakota Board of Administration. First annual report for period July 26, 1919-Cctober 31, 1919. 140 p. Reconstruction commission. Report, 1919. New York Report New York Constitutional Commission 1915 Reconstruction commission. Retrenchment commission. Draft on retrenchment and reorganization prepared for consideration at public hearing. September 24, 1919. 410 pages. 1919. Hall of Records. Reconstruction committee draft of summary. September 24, 1919. 44 pages, 1919. Hall of Records. Recommendation of sweeping reorganization of state government. 1919. Ohio Joint committee on administrative reorganization. Preliminary report 1919. Report on summary of recommendations for administrative re- organization of Ohio state government (D. C. Sowers) 1920 Oregon Consolidation commission. Report, 1918. Final report, 1919. Pennsylvania Efficiency and economy commission. Report, 1914. Rhode Island Legislative reference bureaus. Facts concerning special committees and commissions of Rhode Island. 1911-1921. 24 pages, May 31, 1921. Wisconsin Report submitted to the civil service commission: Departmental organization and efficiency of state employees. i 9 i 8 .