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National municipal review, October, 1923

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National municipal review, October, 1923
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National municipal review
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National Municipal League
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National Municipal League
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Volume 1, Issue 1

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Full Text
NATIONAL
MUNICIPAL REVIEW
Vol. xn, No. 10 OCTOBER, 1928 Total No. 88
PROGRAM OUTLINE
WASHINGTON MEETING—NATIONAL MUNICIPAL LEAGUE, NOVEMBER 15-17, 1923
Headquarters, Washington City Club
(Morning Sessions are in charge of the Governmental Research Conference)
9.30 a.m.
12.30 p.m.
6.30 p.m.
9.30 a.m.
12.30 p.m.
6.S0 p.m.
THURSDAY, NOVEMBER 15
Next Steps in Budget Making—Why Has the Budget System Not Fulfilled Its Early Promise? Fundamentals of a Municipal Accounting System.
Reports of Committees of Governmental Research Conference, with discussion.
Luncheon (Jointly with Governmental Research Conference).
The Way Out for Our Street Railways.
Joint Dinner with City Managers’ Association.
FRIDAY, NOVEMBER 16 Financing Municipal Paving.
Luncheon.
Consolidated Government for Metropolitan Areas.
Dinner.
Address followed by Business Meeting.
SATURDAY, NOVEMBER 17
In order that those anxious to visit the various points of interest may do so without missing any of ;he regular sessions, no formal meetings will be held Saturday. It is hoped that members and guests will postpone their sightseeing until the third day. Government departments are open on Saturday as on other days.
Schedule your sightseeing parties for Saturday and you will miss nothing on the program.


COMMENT
Many who attend
in* tv k^e our annual meetings m Our Washington . , , , .
Meeting are mterested m a
practical way in some department of municipal government and welcome the opportunity to see how it is being handled in another city. This year the League and the City Managers’ Association (our conventions overlap) will have a municipal clinic (the phrase is Louis Brownlow’s) provided them without cost or extra effort.
Due to the hospitality of the Commissioners of the District of Columbia, a schedule of trips has been worked out to enable all those attending the conventions to select the activities in which they are interested and to see the work under the direct leadership of the head of the department concerned. A special trip will also be made to the Bureau of Standards where everyone can see how that institution is helping and can help the cities.
The full schedule of trips will be published with the completed program. It has been arranged so as to interfere but slightly with the regular sessions.
The Need for
Political
Research
In our July issue we published an article by Professor Victor J. West of Stanford University upon the California legislature, which reported that the experiment of the split session has been reasonably successful. The recess has been found useful to numbers for studying bills and sounding public opinion upon them.
But a report from West Virginia,
which is trying the same experiment, is of a different tenor. Because so many bills are introduced, the general public has no chance to study them. Although late introduction of new bills has been frustrated, the original measures are not taken seriously because of the freely exercised right to amend them later. The printing of so many bills on introduction and the distribution throughout the state is said to be a heavy expense ($212,000 for the session just ended) with no public benefit therefrom.
Why should a device of this sort work satisfactorily in one state and unsatisfactorily in another? Is it really working out as our observers believe? How can we know? Must it always be a matter of opinion?
The valuation of political instruments is to-day little advanced beyond the stage of generalization and prejudice. Political Science seems almost a contradiction in terms. Our standards of value are vague. Units of measurement have still to be developed. The technique of cool, disinterested method remains to be constructed. We learn so little from political experiments because we have no means of discovering how they work. The split legislative session is only one of scores of subjects of which the above is true.
The National Conference on the Science of Politics was organized to meet the need for a scientific method. One hundred and twenty-five people met last month at Madison, Wisconsin, and worked for one week, three sessions a day, on the development of research. It is a hopeful sign and we shall tell you more about it in the next issue.
566


GIFFORD PINCHOT’S FIRST LEGISLATURE
BY EDWARD T. PAXTON
Philadelphia Bureau of Municipal Research
One hundred per cent of our readers will he interested in this article
Pennsylvania was without a political leader. Philander C. Knox had died. William E. Crow had died, state senator and soft-coal baron, whose light footfalls on the thick carpets of the capitol had directed the strategy of session after session of the Pennsylvania legislature. Boies Penrose had died, intellectual, disillusioned reformer, who inherited and ran ruthlessly the most perfect political machine that two generations of cunning could devise. Governor Sproul, last leader of his party, had reluctantly laid aside the third recurring opportunity to make himself United States senator by appointment, and by so doing had drawn the curtain on his own political life.
Nor was this all. Lewis S. Sadler had died. Sadler had been state highway commissioner under Governor Sproul, and was being groomed for the governor’s chair. His death left the Republican organization without an available and willing candidate. The machine which in 1921 had passed all its measures practically without heed to public sentiment, even ousting the speaker of the house of representatives when he blocked for a time the organization’s legislative program, in 1923 stood dismantled.
HOUSE CLEANING DUE
Out of the turbulent session of 1921 had come the conviction that Pennsylvania ought no longer to delay a house cleaning in high places. Ousting the speaker of the house had been too
spectacular a performance. Public attention was centered on the falling-out within the party. The defeated faction made loud charges of waste, extravagance, and treasury deficits, which carried weight because of the excellent competence of the testimony. An audit of the auditor general’s books showed that the lieutenant governor had been paid, in addition to his salary, a five-thousand dollar fee for special legal services, payment for which seemed unjustified and unsupported. The “five-thousand dollar check” blighted otherwise legitimate hopes for the governorship. The audit showed similar unsupportable payments to other people, and airing them blighted other gubernatorial hopes. Political manipulation of state deposits was disclosed, with considerable loss of interest to the state. The state treasury was unable to meet obligations to school districts. Good authority had it that the former auditor general had erred badly in estimating probable income, and that the governor, relying on his estimate, had signed appropriation bills some million dollars more than the state could pay.
From this combination of need and opportunity sprang Gifford Pinchot’s candidacy. Four years as commissioner of forestry under Governor Sproul had made him thoroughly familiar with the task ahead. He had just finished a section of it within his own department. Service in the constitutional revision commission had rounded out his vision of the state.


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NATIONAL MUNICIPAL REVIEW
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Promising that he would drive the saloon out of Pennsylvania, that he would operate the state on a budget without waiting for a constitutional amendment, that he would call around him the best brains in Pennsylvania to investigate the financial condition and make the facts public, and that he would move to Harrisburg, live there four years, clean up the mess, and at the end of that time go fishing, he drew the support of so many voters, particularly among the women, that in county after county the machine leaders found it necessary to turn in for him in order to save themselves. The mining districts, and labor generally, supported him. He was nominated over an able and worthy opponent, by a narrow but decisive margin.
Without waiting for election, which in a one-party state is a foregone conclusion, he called about him a citizens’ committee, under the chairmanship of Clyde L. King of the University of Pennsylvania, under whose guidance a remarkably comprehensive study of the principal spending departments of the administration was made and a tentative budget for the current biennium was prepared. With the results of this study, the Governor went before his first legislature in January, 1923.
LEGISLATURE CONSIDERED UNFRIENDLY
It was reputed to be an unfriendly legislature. Some members of the house and a few of the senate had won office on the crest of the Pinchot wave, but most of the members were a fair sample of those their districts were accustomed to return under machine administration. Pinchot did not, in fact, control the Republican state committee. And there were other complications. Gifford Pinchot long has been a national figure. He entered this contest saying that he had no
political ambitions to further during his term. But he had friends, and relatives, not so modest of intent. There was an alliterative lure about “Pinchot for President.” But there were other presidential aspirants in Pennsylvania. The state has suffered from them unbelievably, for a generation. Pinchot was hated, not only for his present success, but from fear of his future. “Let us name your public service commission and your labor appointments,” the rumored proposal to the Governor-elect went up and down the well-informed whispering gallery; “keep your hands off Philadelphia and Pittsburgh, and stay out of national politics, and we will give you your budget and your state reorganization. ”
Pinchot had made a Rooseveltian campaign. Assured of the Republican nomination, his election a certainty, he had stumped the state for popular support for his program, and made public demands upon practically every nominee to the legislature for promises of support. These demands were usually made in the course of a speech in the member’s district, and this usually was followed by an interview in private with the nominee, the results of which were immediately released to the newspapers. The promises garnered in these interviews stood the Governor in better stead during the session than any other resource at his command.
AN EXTRA-LEGAL BUDGET
The findings of the citizens’ committee led to the conclusion that the state had incurred an appropriation liability of approximately $29,000,000 more than it had made provision to meet. The budget presented by Governor Pinchot, the first budget ever presented to the Pennsylvania legislature, requested 25 per cent less for departmental operation than had been


1923]
GIFFORD PINCHOT’S FIRST LEGISLATURE
569
appropriated two years before. A gap was left in educational subsidies, which the Governor told the legislature was its problem. It was this problem of additional revenue that tested most severely the calibre of the legislature and prolonged its sessions for two months beyond the stopping point that would have been warranted by the accomplishments.
The legislature was not only bossless but leaderless. It ran around in circles, adopting a policy one week only to discard it for an opposite policy the next. To many of its members the task of thinking for themselves was new and unwelcome. Some men who had been automatons in previous sessions breathed a new breath and gave evidence of surprising powers of initiative; but those who might have risen to effective leadership all shrank from the task. No real leadership developed. Friend and foe appealed to the Governor to step into the breach after the manner of his predecessors, designate administration floor leaders and force concurrence in an administration program. This he declined to do. Relying on the pre-election promises he had extracted from the legislators, his veto power, and his announcement of the certainty of an extra session if the legislature failed in its essential duties, the Governor went no farther into the process of legislation than to insure at the outset the selection of a friendly speaker and certain friendly committee chairmen.
The Governor was not able to accomplish all that he wanted or proposed. The first task, the adoption of a new state prohibition enforcement act, was technically a success, though its effect on prohibition enforcement in comparison with the law which it superseded on the statute books is by no means certain. The saloons have not been “ driven out of Pennsylvania.”
It is said that there are as many as before, only they are not called saloons nor licensed by the state.
The first state budget was the Governor’s most notable success. It survived a storm of counterblast and ridicule. It showed the legislature and the people the proportionate relation of the various financial demands upon them, a new vision for Pennsylvania. It made possible an agreement after delay but without serious difficulty, upon new temporary tax measures, designed to produce $20,000,000 additional revenue in the next two years and clean the fiscal slate. One great compromise in the budget probably need not have been made. As presented to the legislature, it was a lump-sum budget, embodying the principle of state aid to private hospitals and similar social-service institutions in proportion to the cost of free service rendered by them. These institutions in the past had been the beneficiaries of individual appropriation bills in amounts governed by political consideration. Naturally, violent opposition to the new basis of support was voiced by countless trustees of private institutions and other parties at interest. The constitutionality of lumpsum appropriations for the purpose was challenged and unfortunately the administration capitulated. Many think that perhaps the Governor’s legal advice was unfortunate.
The third success, and the hardest fought, was the enactment of an administrative code embracing a reorganization of the executive departments and their co-ordination as administrative and spending agencies. The code has reduced the number of independent spending agencies from 102 to 21, provided for a budget system and for fiscal control by the governor, provided means for co-operation of the various bodies to prevent duplication of func-


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NATIONAL MUNICIPAL REVIEW
[October
tions, and set up a central purchasing procedure and the machinery for standardization of salaries of departmental employes.
Enactment of legislation for a survey of water-power resources of Pennsylvania was the fourth accomplishment, and one which the future may regard as an epochal step because of the fundamental relation which hydroelectric development is likely to bear to the life of the coming generations.
THE GOVERNOR SUMMARIZES HIS ACCOMPLISHMENTS
The Governor’s own estimate of accomplishments is stated in nine points:
1. A budget to be presented to the state legislature.
This budget has passed practically in the
form in which it was submitted.
2. Adequate fiscal control.
This has been provided for in the administrative code in a way entirely satisfactory to the administration.
8. A uniform system of accounts.
This plan has been worked out and has been adopted.
4. Plan to keep expenditures unthin income.
This has been accomplished and to-day the departments are working out plans for their expenditures for the next two years which will be, under the administrative code, subject to revision as the income of the state may require or warrant.
5. Reorganization of the state government.
This reorganization is an accomplished fact in a form almost ideal. It can be said without any doubt that it is the best plan of reorganization adopted in any state as yet.
6. The administrative code.
The administrative code as passed carries out exactly the ideas recommended in the citizens’ committee reports.
7. A responsible financial advisor.
This plan has been carried out in full through the department of state and finance.
8. Standards of public employment.
The executive board is given power to standardize salaries and positions.
9. A purchasing and standardization bureau.
This plan has been adopted in full in the administrative code.
OTHER NEW LEGISLATION
As for the general activity of the legislature, it may be said that the group typified by the manufacturers’ associations are the only ones who got all or nearly all they wanted. Not a single “labor measure” of importance passed, though labor had been with Pinchot strongly in the primaries. The defeats included an eight-hour bill for women, a bill for one day of rest in seven, a children’s eight-hour bill, a bill forbidding child labor under 16 years of age, an effort to set up a minimum-wage board for women and minors, a series of bills liberalizing the workmen’s compensation act, and another series designed to protect interests of bituminous and anthracite miners.
A blue-sky law was passed, and an anti-lynching law. The indeterminate-sentence plan was broadened by a law providing that when an indeterminate sentence is pronounced, the minimum shall not be more than half the maximum, the prisoner Joeing considered for parole upon the expiration of the minimum. Juvenile courts were given exclusive jurisdiction in all cases of children under 14 years and the establishment of a juvenile court was made compulsory in every county. An old age assistance act was passed, though with an entirely inadequate appropriation. A mental-health code brings together and liberalizes the legislation dealing with mental patients and defectives. Another act makes it possible to accept the benefits of the Sheppard-Towner maternity act. An effort to abolish the professional licensing of engineers was defeated. Efforts to replace on the statute books the full-crew law and the non-partisan election of judges, both wiped out two


1923]
MILWAUKEE REGISTERS PROGRESS
571
years ago, also were unsuccessful. The home-rule enabling act failed, though home rule for cities was a part of the Governor’s platform.
The additional tax measures are self-repealing. They impose for two years a tax of one-half of one per cent on the profits of corporations, and an additional cent per gallon on gasoline. An attempt to repeal the anthracite coal tax failed. A proposed “luxury tax, ” and proposals to tax bituminous coal, natural gas, and crude petroleum also failed, as did a proposed sales tax. A constitutional amendment permitting graded and progressive taxation failed because of fear of a state income tax.
Fourteen constitutional amendments were passed, out of forty-two offered. Fortunately, a bill was also passed permitting a referendum on the calling of a constitutional convention.
Perennial civil service and election reform bills met their usual fate. For the rest of the session, it may be said that the most sharply debated issue was daylight-saving, and that more attention, as well as success, was awarded a measure to prevent the counterfeiting of the relics of Tutankhamen than to a proposal to put coal-producing companies under the regulation of the public service commission in order to avoid the repetition of last year’s acute coal shortage.
MILWAUKEE REGISTERS PROGRESS1
BY DANIEL W. HOAN Mayor of Milwaukee
Mayor Hoan believes that the city renders service to the people at a fraction of what private interests would require to do the work. We welcome stories of progress from other cities. :: :: :: ::
From years of study I have formed the conclusion, and so stated recently at a large public meeting of one of our civic clubs, that the city of Milwaukee performs every public service at a cost from one half to one tenth of what the expense would be if the same service were performed by private individuals. I was in hopes I would be checked on that statement, but so far the assertion has not been contradicted, and until it is successfully refuted I shall continue to believe it is true.
Take our garbage collections, for instance. We make a weekly collec-
1 The address of welcome to the National Association of Comptrollers and Accounting Officers at their Eighteenth Annual Convention.
tion for two dollars per family annually. I know of no city that performs the same service for less than twenty dollars annually.
Our ash collections are done at a cost of eight dollars per family annually and we go into the basements to get the ashes. No private firm would perform this service anywhere for less than twenty dollars annually.
I am prepared to take up police, library, natatorium, or any other municipal service and make like comparisons. It is due not only to the large scale on which the city does its services, but to the low cost of overhead. I stated at that meeting that in the event any citizen could show


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NATIONAL MUNICIPAL REVIEW
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any service that could be performed better and at a lower cost than by municipal functioning, the city should be prepared to make a rapid change. So far, however, no such offer has been forthcoming.
I therefore submit, that performing municipal service honestly and efficiently is one of the most patriotic duties that any citizen can contribute. No one shares the responsibility and care of municipal government more than do the comptrollers.
Milwaukee’s credit sound
You will no doubt agree with me that perhaps the greatest authority on municipal finance in bonds as well as the man most familiar with the financial standing of cities in the United States is Judge Charles B. Wood of Chicago.
At a conference with Mr. Wood about a year ago he expressed himself as follows:
Mr. Mayor—your city, Milwaukee, has without question the best financial standing and credit ol any city in the United States. It is due to the enactment and careful administration of a number of laws and measures which I trust you will continue to painstakingly adhere to.
Let me communicate to you very briefly an outline of just what measures the Judge had in mind and which has resulted, in the opinion of the Judge, in Milwaukee assuming the leadership in matters of municipal financial credit and standing.
1. The institution of a scientific budget system which has absolutely prevented the usual recurring financial deficits at the end of each year.
2. The elimination of the issuance of all bonds which might in any sense be classed with such as pay for operating expense. Among the classes of bonds which we have refused to issue since 1910 have been street improvement, bonds to dredge rivers and also
miscellaneous small issues of bonds in place of which we have levied a tax. This shift in policy meant the assumption by the community, of a temporary financial burden, but present results are so obvious as to need no further comment.
3. We have issued a direct tax of one tenth of a mill for over ten years and which now accumulates about $70,000 a year to wipe out a deficit of a half century’s standing due to unpaid personal property taxes.
4. We have levied a tax of one fourth of a mill which now accumulates about $140,000 a year to place ultimately all of our city departments on a cash basis.
5. We have centralized all the purchasing of the city in one board which has resulted in many hundreds of thousands of dollars saved. Added to this is a storehouse on which we keep an accurate check of all goods.
6. We have been able to inaugurate a system of paying cash for goods purchased and thereby instituted a discount system which resulted last year in a net saving to the city of approximately $40,000 and which amount increases year by year.
7. Perhaps one of the most valuable steps taken was the elimination of the usual method of paying contractors by certificates. It is a well-known fact that many of these certificates were uncollectible because of nonpayment of taxes, etc., and that the bankers usually charged a large discount to cash the same. We have eliminated this system entirely and pay our contractors in cash. At the same time the property owners have been benefited by permitting them to extend their payments over a period of six years if they so elect, by the payment of 6 per cent interest. While this law permits the city to issue a six-year bond to meet any possible


1923]
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deficit of funds needed, I am happy to say that so far our surplus has been sufficient to carry on the system without the issuance of a single bond. The saving from this system is so vast as to need no further explanation.
8. Next we have altered our system of depositing all our trust funds in local banks or depositories. This fund brought us only 2 per cent for years. We have inaugurated a system of investing these funds largely in short term government securities bringing us at least twice the former amount of interest.
9. We have also inaugurated a system of permitting a taxpayer who has paid his state and county taxes, the right to extend the time of paying his city tax for six months, upon payment of 6 per cent interest. This latter system saves the taxpayers, who are in temporary financial stress, from the loan shark, and at the same time insures the city a fair rate of interest. As a result of these two systems, together with other interest monies received from trust funds, the city of Milwaukee now receives approximately one-half million dollars annually in interest money. Perhaps $100,000 comes from increased interest annually, due to buying short term certificates, while $52,000 is the amount in interest we receive in an average year for extending taxes.
AMORTIZATION FUND ESTABLISHED
Last, but not least, due to this accumulation of interest we have firmly established recently a municipal amortization fund ultimately to wipe out all of our public debt. In June I had the pleasure of signing a check of $375,000 out of our interest fund to be placed in this amortization fund. This fund will be added to year by year and will draw interest and compound interest until such time as our debt is finally
eliminated, and which will result in a much desired reduction in tax rates. As a companion measure we have also established a private foundation for the accumulation of private funds for the same purpose.
At first glance it might seem that so large a program would be very burdensome upon the taxpayer. I would call attention, however, to the fact that of the tax rates of thirty of the largest cities of this country, you will find Milwaukee’s rate down about half way. You might also suspect that our bonded indebtedness is great. However, in an article in a recent issue of the National Municipal Review we find this statement:
Compared with 36 of the largest cities of the United States, Milwaukee’s per capita bonded debt comes as twenty-nine on the list with only seven cities lower. Milwaukee’s gross bonded debt is placed at $27,750,500 or $53.09 per capita as against an average of $103.40 per capita for thirty-six other states, omitting Washington with a per capita debt of .36. The average is $16.79 for St. Louis to $206.60 for Norfolk.
PUBLIC IMPROVEMENTS ON BIG SCALE
Time will not permit me to prove that we have not neglected our public improvements, except to say—we are about to complete the most expensive sewerage disposal works, in comparison to population, of any city in this country, a thirteen million dollar project, of which over one-fourth was paid for in cash.
We have also acquired every foot of riparian rights along our lake front and are constructing the best harbor on the Great Lakes. We are widening one of our main arterial highways to 180 feet and will provide on one point thereon, a civic center involving an expenditure of eight million dollars.
We have built more high schools and


NATIONAL MUNICIPAL REVIEW [October
574
acquired more playground space in the past three years than the city possessed in its entire history. A million dollar viaduct, a new water intake, and a new million dollar pumping station, a new street lighting system and innumerable other public improvements places our program for municipal improvements
second to no other city of its kind in the country.
I am not boasting, but have merely related to you a fact of which we are justly proud, namely, that we have achieved financial leadership both as to standing and credit of all American cities.
AN EXPERIMENT IN TEACHING CIVICS
BY W. C. HEWITT State Normal School, Oshkosh, Wisconsin
There are suggestions in this for teachers with energy to depart from classroom routine. :: :: :: :: :: :: :: ::
Not very long ago I tried some experiments in Civics teaching that were so interesting to me that I am emboldened to outline them briefly for other teachers of government.
A NATIONAL CONSTITUTIONAL CONVENTION
My class of fifty pupils organized themselves as a national convention for the purpose of rewriting the constitution of the United States. Each state and outlying possession was represented. The officers of the convention were a president, vice-president, minutes secretary, documents secretary, and a standing committee of style and arrangement.
Each clause, sentence, and word of the constitution was carefully studied, the general procedure being to retain the present wording and arrangement unless the majority of the convention decided otherwise.
I did not agree entirely with all the changes made, but I can say that all the alterations and additions were along thoughtful and patriotic lines.
As indicating what things were in their minds:
1. They materially improved the arrangement of the constitution by putting all the rights of the constitution in a single section at the beginning.
2. They lengthened the term and increased the salaries of the congressmen. They improved the present administrative order by having the terms of representatives and senators begin in the congress immediately following the election. They specifically increased the power of congress over taxation, monopolies, and territory, and made the budget system obligatory.
3. They declared the president should be elected by popular vote, specifically gave the supreme court the power to declare unconstitutional any state or national law, and inserted in the preamble a recognition of Almighty God.
A STATE CONSTITUTIONAL CONVENTION
My second experiment was with the next class, which organized as a state constitutional convention, the delegates being from the various counties. The method of procedure was


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essentially the same as with the United States constitution. Some of the changes made in the Wisconsin constitution were as follows:
1. A single house of one hundred members was created, and the governor was given a cabinet of eleven members, all being entitled to seats on the floor of the legislature.
2. The initiative, referendum and recall were affirmed, but denied as to judicial officers.
3. The supreme court was increased from nine to eleven members, and seven justices might declare a state law unconstitutional.
There were many otheT changes made relative to education, taxation, and administrative work, but the above will indicate the lines of study.
A CITY CHARTEB CONVENTION
My third experiment is now in progress. The class is organized as a city charter convention with two delegates from each of the fourteen wards. The officers of the convention are a president, vice-president, secretary, and secretary of style and arrangement. The specific work of the class is to write, not a model charter, but a model charter for the city of Oshkosh, population, 35,000. The first creative work appeared when the class began to study actual local conditions.
1. The city is divided by a river; this causes apparent diversity of social and economic unity.
2. Practically all the Protestant churches are on one side of the river; this causes religious separation.
3. The members of the Rotary Club come from one side of the river, and practically from four wards; this indicates intellectual isolation and corresponding opposition.
4. As one laborer put it, “All the high-toned institutions are on the same side”; this makes a city of classes.
All these considerations and others were brought out when the personnel of the council was determined, and the convention decided that the local situation demanded a representative council of fourteen members, one alderman from each ward.
The people are not opposed to efficiency, but there is more or less opposition to the “specialist.” A large group in the class advocated the “manager” idea; but the other group, while granting the necessity of the manager, advocated an increase in the dignity of the mayor, so a compromise was reached by creating the mayoralty, with a salary of $5,000, the mayor to be elected at large.
It was here that constructive work was begun. The election laws of Wisconsin are deficient in that there is no selective work prior to nominations. So the convention decided to create what is known as a preliminary ward meeting. Prior to the primaries, the people of each ward, are to meet and discuss the qualifications of candidates, and the needs of ward and city. The ward will elect a president, vice-president, secretary, and executive committee of three. It is the duty of the executive committee to make suggestions on candidates and issues, but all such reports and actions thereon are merely advisory. Candidates will be nominated as at present by primary petition. The ward organization is permanent, and meetings may be called by the president at any time, and must be called at the written request of ten voters of the ward.
The idea of our convention was that the ward meeting would give an opportunity for all people of the city to have a voice in all civic questions, and that this opportunity would make for wider civic consciousness. In limiting the action of the ward meeting to discussion and recommendation,


576 NATIONAL MUNICIPAL REVIEW [October
the convention decided that the action of political bosses would be eliminated. For example, suppose the mayoralty election is approaching. After the fourteen ward meetings have acted the list of candidates will have been carefully discussed, and at subsequent meetings the list can be reduced to a smaller list of eligibles. At present there is no machinery by which the people may get together. The ward meeting would be a permanent device by which the people could meet to discuss any question of interest to the city.
WHAT WAS ACCOMPLISHED
I think I am justified in giving some conclusions from these three studies:
1. In all the studies there was a generous amount of creative work, and I need not emphasize the fact that creative thought on governmental matters is infinitely better than lectures or memorized recitations.
2. Attention to governmental questions was obtained from many sources: At least a dozen leading newspapers have commented favorably on the work, nearly all printing the names and pictures of the officers. We have had encouraging recognition of the work from our senators, congressmen, governor, superintendent of public instruction, secretary of the state board of education, and secretary of the board of regents. I think publicity is an important result in practical governmental study.
£[3. The signing of each constitution in the public auditorium was an impressive affair. The events were almost as solemn as the signing of the original United States and state constitutions. Some of the delegates were
so moved as to be scarcely able to hold the signature pen.
4. The parliamentary training was unusually profitable. The defect of practice lessons is that they do not deal with real things. The differences of opinion on real issues gave rise to real parliamentary maneuvering, and therefore resulted in real parliamentary training.
5. The contests over words, phrases, and arrangement were fruitful English work.
6. Each delegate in the United States convention had a knowledge of the constitution of the state he represented, and I think the study of comparative governments of state and nation was better and more widely done than when I personally direct the work by lecture and references.
7. The real issues of to-day and tomorrow had a wide and intelligent discussion. Material bearing on the present problems was more freely used and more effectively applied than in my regular classes. When radicals appeared they had to answer the conservatives—when the conservatives rested on the things that are, they had to justify them from history, economics, and ethics.
The general effect of all the studies was to create a deeper reverence for the work of the “ Fathers. ” Time and again it came out that it was easier to destroy than to create, and I think I am safe in saying that when the work was done there was no member of the conventions that did not think of his country after a nobler fashion. I did not teach these classes. I was a delegate from the Philippines, from Juneau county, from the third ward— the work was done by the students themselves, and it is an even question as to who learned more, they or I.


HOW WASHINGTON IS GOVERNED
BY DANIEL E. GARGES Secretary, Board of Commissionert. District of Columbia
This will be of interest in connection with our annual meeting next month in Washington. :: :: :: :: :: :: ::
The present form of government was provided by an act of congress approved June 11, 1878. This government consists of three commissioners, two selected by the president of the United States from actual residents of the District of Columbia who have been residents for three years, and an army officer detailed by the president. Their term of office is three years. These form a board of commissioners and this board has duties corresponding to that of a mayor.
The Constitution of the United States provides that congress shall exercise exclusive legislation over the District of Columbia, but congress by various statutes has delegated to the commissioners the power to make police, building, health, and other municipal regulations, and to enforce them by proper penalties. There are some duties, however, which ordinarily come under the jurisdiction of municipal authorities which the commissioners do not have. This situation arises by reason of the fact that Washington is the capital of the United States. For instance, the United States authorities have charge of the water supply system including the bringing of the water from Great Falls to the filtration plant and filtering it. All water mains supplying the inhabitants of the city with water, however, are constructed by the commissioners, and all water, whether furnished to the citizens or to the property of the United States, is distributed under
the jurisdiction of the commissioners. The United States also has jurisdiction over all public parks.
The board of education of the District of Columbia is appointed by the judges of the supreme court of the District of Columbia, and the Board of Charities, the recorder of deeds, and the judges of the municipal court are appointed by the president of the United States. The commissioners, however, appoint the heads of all the various municipal departments in the District government, and also the employees of the District government. These employees do not come within the provisions of the civil service laws, with the exception of the police and fire departments.
One of the duties of the commissioners is to submit annually estimates of funds necessary to support the government of the District of Columbia. These estimates are submitted to the director of the budget in the treasury department, and as they are approved or changed by the director they are submitted to congress. In both the house of representatives and the senate there are appropriations committees and a subcommittee of five members which has charge of preparing the District of Columbia appropriation bill. The bill is first prepared in the house of representatives, and during its preparation the commissioners are granted hearings, in order to present to congress the necessity for appropriations asked. The subcommittee pre-
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pares the bill and it is sent to the house of representatives. After it is passed by the house, it is referred to a similar subcommittee of the senate appropriations committee, and this committee also grants a hearing to the commissioners. It frequently adds by amendment to the amount of the bill allowed by the house. The senate then passes the bill with the amendments. The bill is then referred to a conference committee consisting of three members each of the house and senate subcommittees. The conference committee makes its report to the house and senate. The bill is passed, and when signed by the president it becomes a law.
All legislation for the District other than appropriations comes under the jurisdiction of a committee of the District of Columbia, of which there is one in the house and one in the senate. Whenever the commissioners desire to have a law passed they write to the chairmen of these committees recommending the introduction of a bill to accomplish what is desired. These committees consider such requests and if they favor the measure they report it to the house and senate, and when passed by these houses and signed by the president it becomes a law. All bills relating to the District of Columbia, by whomsoever introduced, are referred to these committees.
All funds appropriated for the expenses of the government of the District are paid from two sources. These sources are:
1. Taxation on real estate and personal property of the residents, including street railways, gas companies, and other public utilities, and certain license taxes imposed by law on various businesses.
2. Money in the United States treasury belonging to the United States.
When the present form of govern-
ment was established in 1878, the law provided that one-half of all appropriations made for the expenses of the District of Columbia should be payable from taxes levied on the residents of the District, and the other half from funds in the United States treasury. Under the law as it now exists, however, it is provided that 00 per cent of such appropriations shall be paid from taxes levied in the District, and 40 per cent from funds of the United States. Prior to July 1, 1922, taxes on real estate were levied on the basis of a two-thirds valuation, and on personal property at full valuation. Now taxes on both real estate and tangible personal property are based on a full valuation. The rate fixed for the fiscal year beginning July 1, 1923, is $1.20 per $100 on both real estate and tangible personal property. For the preceding fiscal year it was $1.30 per $100. On intangible personal property the provision of law requiring a tax of three-tenths of one per cent was increased on July 1, 1922, to five-tenths of one per cent. The law provides that the commissioners shall fix the rate of taxation to meet the proportion of the expenses of the District to be paid from this source. Taxes were formerly payable annually, but beginning July 1, 1922, they are payable semi-annually on November 1 and May 1 of each year.
The assessed value of real estate and personal property in the District of Columbia on June 30,1923, was:
Land......................... $835,538,710
Improvements.................. 387,660,549
Personal Property:
Tangible................... 123,765,372
Intangible................. 365,079,080
Real estate is assessed biennially.
For the purpose of providing for the orderly conduct of the business of the District government each member of


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the board of commissioners is appointed a committee of one to handle certain municipal functions. One commissioner has charge of the assessment of property, the disbursement of appropriations, the licensing of businesses, the collection of taxes, the handling of legal matters and insurance, and the purchase of all materials supplies, and the control of the almshouse, reformatory, and workhouse. Another commissioner has charge of the fire and police departments, the supervision of weights, measures and markets, the supervision of playgrounds, etc. Another commissioner has charge of all street improvements, the construction of school and other municipal buildings, the removal and disposal of garbage and city refuse, the construction of sewers, the cleaning of streets, the lighting of streets, the laying of water mains, the care of street trees, etc. Twice each week and at other times when necessary, the three commissioners meet in board session. Each commissioner brings before the board matters affecting his department, and the board passes such orders and regulations as they deem advisable covering the matters brought to their attention. These orders are signed by the secretary to the board of commissioners, and are issued to the heads of departments for execution.
In addition to the duties which the commissioners have as executives of the District government, congress has placed upon them certain other duties. The three commissioners form a public utilities commission with jurisdiction over street railways, gas and electric companies, telephones, baggage transfer, etc. The commission fixes the rates which may be charged for all of these commodities, and the public utility companies cannot charge more than these rates for services which they render.
2
The commissioners, together with the architect of the capitol and the officer in charge of public buildings and grounds in the city of Washington, form a zoning commission which divides the city into zones, which can be used only for residence purposes, business purposes, and other commercial purposes. They also fix the height to which buildings can be erected and the area of ground which can be built upon.
All matters with reference to the public school system, with the exception of the construction and repair of school buildings, are placed by law under a board of education consisting of nine members appointed by the judges of the supreme court as heretofore stated. The board of education appoints all the teachers and other employees and makes rules for the operation of the school system. The expense of running the schools is one of the municipal expenses cared for in the District appropriation act.
It may be interesting to note the various taxes and assessments which the property owner in the District of Columbia is called upon to pay. When the city of Washington was laid out into streets, avenues, and alleys, the old boundary of the city was Florida Avenue. As the city grew, however, property owners outside this boundary subdivided their land into lots, and dedicated streets. These streets as well as the city streets were improved at the expense of the District government and no assessment was made for such improvement. In the year 1893, however, congress directed the commissioners to prepare a plan for extending the streets and avenues of the city throughout the entire District, in order that when the land was opened for building houses the streets would be run in a systematic manner. The law provided that if a property


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owner wished to subdivide his land he must dedicate the streets to the District without any cost. If he did not dedicate and the commissioners desired the streets to be opened, they would institute a proceeding in court to take the land for street purposes, and the property owners were required to pay the cost of the land taken. After the street was opened, it was necessary to lay sewers, water and gas mains, and electric lights, and also to provide sidewalks and roadways. With the exception of the gas and electric light, the property owner is required to pay for all these improvements. Now he pays two dollars per front foot for a water main, and one dollar and fifty cents for a sewer; one-half of the cost of laying a sidewalk; one-half of the cost of paving alleys, and one-half of the cost of paving the roadway in front of his property. This is in addition
to the taxes he pays each year on the property.
The District of Columbia has practically no bonded or floating indebtedness.
On June SO, 1923, the outstanding 3.65 per cent District of Columbia bonds amounted to $4,589,250. The sinking-fund assets amount to $4,423,-640.91, thus making the net indebtedness of the District of Columbia on June 30, 1923, $165,609.09. The District of Columbia has no other form of indebtedness than that represented by its outstanding 3.65 bonds. The 50-year period for which these 3.65 bonds were issued, the issue being limited by law to $15,000,000, will expire August 1, 1924. The sinking-fund assets, represented entirely by investments in bonds of the United States, will be nearly sufficient to take up the outstanding bonds.
CIVIC INTEREST AND CRIME IN CLEVELAND
A FOLLOW-UP ON THE CRIME SURVEY
BY RAYMOND MOLEY Associate Professor of Government, Columbia University
What has been accomplished in two years, and what remains to be done
Civic interest, shocked and aroused by a deplorable murder case, educated and informed through a survey of criminal justice, and sustained and directed by permanent citizen organizations, has for the present, at least, rescued Cleveland from an unhappy prominence as an easy town for crime and criminals.
For a period extending several years back of 1920, Cleveland, once
far heralded as well governed, had suffered an alarming increase of crime. The quality of its law enforcement had become an open invitation to the criminal and vicious. In 1919 a special grand jury was created composed of reputable men and charged with the duty of finding out why crime had become so rampant. The report of this grand jury revealed an “easy” town with a confusion of


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responsibility in the police department, politics and slovenliness in the work of the prosecutors’ offices, unintelligent humanitarianism on the bench and unwholesome relations between lawyers serving the underworld and officials supposed to serve the public. It stated that certain officials, notably the county prosecutor, had “steadily lost the confidence of the community and the bar,” and recommended that he “should resign or be removed by due process of law.” It also stated that the city director of public safety, titular head of the police force, should be “immediately superseded. ”
TRIAL OF CHIEF JUSTICE AROUSES PUBLIC
A year later a murder case threw before the public the same general condition in a much more detailed and lurid manner. The chief justice of the Cleveland mumicipal court sadly disgraced his high office by becoming involved in a sordid series of events which culminated in a murder for which he was twice tried, but finally acquitted. Throughout this whole incident there was exhibited much bungling police work, ineffective prosecution, yellow journalism, and questionable political operations. Civic organizations were finally taught the need of fundamental and carefully planned reform and at the very culmination of the public interest in this revelation of governmental breakdown, the Mayor, The Bar Association, The Chamber of Commerce, and other civic bodies requested. The Cleveland Foundation to conduct a searching survey of the whole machinery for the administration of criminal justice.
The Cleveland Foundation conducted this survey in 1921. The survey found that the outstanding
shortcomings of the administration of criminal justice in Cleveland were the following:
An antiquated police system, made up of men “singularly free from scandal and vicious corruption but working in a rut, without intelligence or constructive policy on an unimaginative perfunctory routine ”;
Prosecutors, poorly equipped and qualified for their work, politically selected, underpaid, trying to cope with a tremendous volume of business and revealing in their work a condition of “ serial unpreparedness ”;
Judges, theoretically removed from partisanship by the non-partisan ballot, but embarrassed by the need of carrying on a constant campaign for re-election, subjected to pressure from yellow newspaper enterprise and from racial and economic groups, with little incentive to conduct their work with energy and spirit;
Daily newspapers, exploiting the sensational and unusual, playing up “crime waves” when such “waves” do not exist, advertising the mountebank judge or prosecutor and neglecting the prosaic, but conscientious public servant, interfering with the capture of criminals by premature publicity, and coloring public opinion during sensational trials to the extent, perhaps, of influencing juries to follow the news rather than the evidence;
A bar, with its leading members too absorbed in the commercial aspects of their profession and little interested in the improvement of conditions in the courts, with a large proportion of its members poorly educated and organized only in a bar association existing until recently merely to “ memorialize its dead members. ”
Back of it all a public uninformed, unorganized, without leadership, suffering these conditions with lazy complacency.


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the association for
CRIMINAL JUSTICE
The primary object of the Foundation in conducting the survey was to stimulate public interest in the long, difficult and prosaic job of rebuilding the machinery of justice more nearly in line with modem needs and conditions. The publication of the survey was only the beginning of reform. Under the leadership of the Bar Association, an organization was formed which is known as The Cleveland Association for Criminal Justice. It is a federation of thirteen of the great civic organizations of the city and it has as its object the improvement of the administration of criminal justice. Some idea of the civic power which it represents is indicated by its member organizations which include The Cleveland Bar Association, The Cleveland Automobile Club, The Cleveland Chamber of Commerce, The Cleveland Advertising Club, The Cleveland Academy of Medicine, The Cleveland Real Estate Board, The Civic League of Cleveland, The League of Women Voters, The Women’s City Club, The Cleveland Builders Exchange, The Cuyahoga County Council of the American Legion, The Cleveland Chamber of Industry, and the Industrial Association. Through this organization there has been welded into a unified body the aggregate power and influence of agencies aggregating in membership 75,000 of the city’s best citizens. The organization has now been in existence since January, 1922. During its first year it was financed by private subscriptions; at present it is supported by the Community Fund.
CARD INDEX OF ALL FELONIES
The basis of the work of The Cleveland Association for Criminal Justice is a complete card index of felonies
committed in Cleveland. This record shows all of the facts of record in each case and constitutes a more complete record of crime than is maintained by all of the public agencies of the city combined. It reveals the status of each case, the judges, prosecutors, police officers, bondsmen, and lawyers involved and almost automatically throws out a warning when the process of justice is diverted or halted without legitimate reason. This corrects at once the condition which permitted professional bondsmen and lawyers of the underworld to operate with the assurance that they would leave no tracks behind. In addition to its card index of crime, the Association maintains observers in constant attendance at the criminal courts acting in a sense as the “eyes of the public.” Special cases have been carefully investigated and quarterly reports are issued informing the public concerning the quantity and quality of crime, giving public officials deserved credit and, when necessary, fearless criticism. In sixteen months of operation, the Association has become a force to be reckoned with, representing actively a public interest long neglected, giving assistance where possible and practicable, fair and helpful toward officials but a constant menace to the forces which so long diverted the course of justice in the interest of private gain. It has made a place for itself in the civic life of the community.
Since 1921 other civic forces have been increasingly active in this field. The Cleveland Automobile Club is probably the most virile and aggressive civic organization in the city. It has over 33,000 members and an annual budget of more than $300,000. It has made a direct and powerful attack upon the problem of automobile stealing with the result that in three years automobile thefts have been


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cut 36 per cent. On account of the fact that automobile thieves are often experienced general criminals, and that automobile stealing has become a very important accessory to other sorts of crimes, a force which acts against automobile stealing has had a very real effect upon crime in general.
The Bar Association within three years has emerged from its lethargy and has helped to make the judges more independent of the forces which have hampered their effectiveness.
CONCRETE IMPROVEMENTS
Through the aggregate effort of these and other civic bodies a number of improvements have been made since the publication of the Foundation survey in 1921.
1. Cleveland has had probation in its municipal and juvenile courts for a long time. In 1921 there was created a greatly needed probation department in the higher court of common pleas.
2. The legislature of 1923 passed a bill, prepared and sponsored by the Bar Association, providing for a chief justice of the common pleas court. This was one of the most important recommendations of the survey. It provides an executive head for a court consisting of twelve judges with both civil and criminal jurisdiction.
3. Better prosecutors have held office since the survey. An entirely new staff of municipal prosecutors was appointed by the new city administration in January, 1922. This group is really non-partisan and of genuinely good quality. The county prosecutor’s office has also greatly improved both in personnel and methods.
4. After a deadlock of six years, with the defeat of four bond Issues for a new criminal courts and jail building, a group of civic agencies co-operating with county officials has secured an agreement upon a new plan which
will probably result in a new and modern criminal justice building.
5. More effective grand juries have been appointed during the past two years. Judges have appointed men and women of standing to this important duty, and people thus summoned have given their services willingly.
6. The Bar Association, following a suggestion of the survey, now secures a poll of the members as to the retention of judges whose terms expire, and actively campaigns for their re-election. In the last judicial election all the candidates for re-election kept out of the campaign themselves (an amazing and unprecedented proceeding) while the Bar Association carried on a vigorous campaign and re-elected them all. Such a policy should result in more independence for the judges in office.
7. Largely due to efforts centered in Cleveland, the rules for admission to the bar have been strengthened to the extent of requiring night law schools to lengthen their courses from three to four years and to raise their entrance requirements.
SOME OLD HABITS PERSIST
It would be a most unintelligent optimism to claim or seem to claim that in two years the long established and well-known shortcomings of the administration of criminal justice in this modern community have been entirely corrected. Much remains to be done before Cleveland can even approximate the effectiveness which the need demands. Some of the old vicious habits persist in spite of an unquestioned will to reform. The police department is still in a rut although there is less of the old confusion of responsibility among mayor, civil service commission, director of safety and chief of police. Police


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records are still inadequate and unreliable. Some newspapers still tell the world (and criminals) where police are seeking for suspected offenders and in every sensational case cater to the low, morbid instincts of the community. The “performing” judge still makes his occasional appeals to the grand stand. Prosecution is still occasionally careless and perfunctory.
But during the months which have passed since the publication of the survey and the formation of the Association for Criminal Justice there has been a most encouraging diminution in crime. To say that this fact has resulted directly from any single factor would undoubtedly be dangerous, as there are many quite obvious contributing causes. Everything indicates, however, that there really has been a definite stiffening of prosecution in Cleveland which has been almost exactly contemporaneous with the increased public interest since 1921 and the very active work of the Association for Criminal Justice and
the Automobile Club. The following table indicates the total number of three typical crimes in three years:
CRIMES IN CLEVELAND DURING THREE YEARS
1920 1921 1922
Robbery and assault to rob.... 1,188 1,043 699
Burglary and housebreaking.... 2,302 2,573 1,672
Auto thefts 2,663 2,374 1,716
CLEVELAND AND OTHER CITIES COMPARED
Another way to measure Cleveland’s improvement during the past three years is by a comparison with similar cities. We have selected Buffalo and Detroit because they are like Cleveland in size, geographical location, and in the character of their population and industries. Three of the major crimes have been selected for the comparison, burglary, robbery, and auto stealing. In order to bring the comparison down to date, we have considered only the months of March and April for 1921, 1922 and 1923.
TOTAL CASES OF BURGLARY, ROBBERY AND AUTO STEALING REPORTED IN BUFFALO, DETROIT AND CLEVELAND IN MARCH AND APRIL, 1921, 1922 AND 1923
Burglary Robbery Auto stealing
Buffalo Detroit Cleveland Buffalo Detroit Cleveland Buffalo Detroit Cleveland
1921 177 61 227 18 45 181 184 569 476
1922 100 137 191 18 74 132 283 612 287
1923 76 49 88 31 71 39 393 591 291
PERCENTAGES OF CASES OF BURGLARY, ROBBERY AND AUTO STEALING IN BUFFALO, DETROIT AND CLEVELAND IN MARCH AND APRIL, 1921, 1922 AND 1923, WITH 1921 FIGURES AT 100 PER CENT
Burglary Robbery Auto stealing
Buffalo Detroit Cleveland Buffalo Detroit Cleveland Buffalo Detroit Cleveland
1921 100 100 100 100 100 100 100 100 100
1922 56 224 84 100 164 73 154 107 60
1923 43 80 39 172 168 21 214 104 61


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Reduced to their simplest terms these statistics reveal the following comparisons:
REPORTED CASES OF BURGLARY, ROBBERY AND AUTO STEALING IN MARCH AND APRIL OF 1922 AND 1923 IN THREE CITIES, FOR EACH TEN CRIMES OF THESE SORTS REPORTED IN THE SAME MONTHS OF 1921
Buffalo Detroit Cleveland
1921 10 10 10
1922 11 12 7
1923 13 9 5
In short, for every ten crimes of these kinds in these months in 1921 there were in the same months in Buffalo 11 in 1922 and 13 in 1923, in Detroit 12 in 1922 and 9 in 1923, while in Cleveland the number was reduced to 7 in 1922 and to only 5 in 1923.
It is only fair to caution the reader of these statistics that in reporting burglaries and robberies there are variations in the customs of cities and differences in the state statutes defining these crimes. But for the purpose for which these statistics are used here, that is showing the variation of the same crimes from year to year, they are quite reliable and adequate. Of the three cities considered Detroit probably still has the most satisfactory machinery for the administration of criminal justice. Following the establishment of its unified criminal court it enjoyed a considerable falling off in the number of major crimes, and since 1920 has had small and rather constant amount of crime. Upon this background Cleveland’s improvement is most impressive.
JUSTICE SPEEDED UP
A still more valuable measure of the increased effectiveness of the administration of criminal justice in Cleveland since before the awakening of public interest is the relative speed with which criminal trials have been completed. It is a commonplace that slow justice is usually a denial of justice. In 1919 the average time in felony cases from arrest to final disposition was 67.8 days. In 1922 this time was cut to 48 days, a net gain of 30 per cent.
In this record of improvement there is much to illustrate a new tendency in public affairs which is not confined to Cleveland. Within the past few years there has been in many cities a fairly definite weakening of party power and responsibility. Moreover, local officials with multiplying duties and an increasing pressure of routine duties, with rare exceptions, find it difficult to plan and think sufficiently to exercise constructive leadership. The function of leadership thus passing from politicians and office holders has to an increasing degree been assumed by civic agencies privately supported. It is significant that the increased effectiveness of law enforcement in Cleveland has been achieved with practically the same officials in office, with few changes in the statutes, and with only minor administrative readjustments. It has come because the forces outside of officialdom have made it clear that the price of continued tenure is a real effort to apprehend and deal properly with professional criminals. Once more we have an illustration of the power of effectively organized and sustained public intelligence.


A REVOLUTION IN MORALS
THE CHANGED PUBLIC OPINION ON VICE
BY JAMES BRONSON REYNOLDS President, American Institute of Criminal Lava and Criminology
The introduction by a distinguished author to our series of articles on the municipal treatment of vice. • :: :: ::
No single sign of Social Progress in the twentieth century is more encouraging than the advance in public morals. A quarter of a century ago, wide spread white slavery of a genuine sort existed; the belief that vice was inevitable and but slightly reducible by public effort was wide spread even among municipal reformers. In all the large cities of this country, tolerated vice paid tribute to the police, and often also to politicians and near statesmen. Women were trained to believe that they must not touch the subject; men were disinclined to do so; the better newspapers avoided reference to it in order that the homes which they entered might not be shocked and tainted, while the lower grade papers went as far as the police would permit, and farther than decency would admit in reporting salacious cases in the criminal courts. Every city had its red light district, and officials and good citizens joined in declaring that it was necessary to keep vice in its proper quarter to protect the virtue of the truly virtuous. A questionnaire issued to the chief police authorities in fifty leading cities in 1910 brought the opinion from forty-eight that a segregated district was necessary or desirable and the only restraint upon it should be health measures and efficient
Ed. Note: This is the first of a series of articles upon the present attitude of the principal cities towards vice. Each subsequent article will be devoted to a single city.
police service to prevent unusual acts of violence. The president of one of the largest universities in the country advised the police commissioner of a reform administration that toleration and segregation were the only safe methods for dealing with this difficult problem. These opinions were not unusual, but expressed the general view of the wise at that time.
The most difficult feature of the situation was the ignorance of the better element. The cynic, the man about town, and corrupt police officials were the only ones in possession of facts. Their most determined opponents were sentimentalists, who told exaggerated tales, manifestly untrue or of very exceptional occurrence. Hence, it was not surprising that the conflict between vice and morality was an unequal one.
Before stating the changes of the last twenty-five years, let us review in outline the history of this country in relation to this ancient evil. The history of vice is synchronous with that of crime in other fields, and its rise and growth vary with the varying economic and social conditions of this country.
I
Our first social period was the Colonial, covering our record until the War of the Revolution. Life was simple and wealth scarce. There was little money for light entertainment or self-
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indulgence. The city of the present day was unknown. The victims of vice and the scarlet woman were chance creations and probably largely of the class now reckoned as mentally defective. A notable instance of the sort is the female founder of the Jukes family, who was a half-witted servant girl in a cheap old-time inn. Immigration in the Colonial period undoubtedly contributed to debauchery. While some of the best of the Colonists left their homes for conscience’s sake and “for the God their foes denied,” not a few also left their country for their country’s good. Among such, male and female offenders were perhaps of equal number. History records that shiploads of young women were several times sent to the Colonies to provide wives for the planters and farmers. Public authorities frequently took advantage of the opportunity to relieve themselves of the female scum of the community, who, once landed, did business after the manner of their kind.
The unloading by Europe of undesirable female emigrants, the natural and usual percentage of mental deficiency, both male and female, and the tendency of a certain number of low-grade inns in all countries and in all ages to become purveyors of vice, gradually produced disorderly houses known to the rough teamsters, who were the leading carriers of provisions and supplies in the Colonial period, and to such travelers and others as were inclined to frequent abodes of debauchery.
Public action was limited to the suppression of the above resorts when they were carried to the extent of becoming centers of violence, resorted to by thieves and other disorderly characters. But the conception of the responsibility of the state among the colonists envisaged only crimes of violence affecting property and the
person, and did not in the least deal with problems of morals. An examination of the penal code of any of the colonies before the Revolution emphasizes the limited scope of the law and the extent to which every man did that which was right in his own eyes. We see, therefore, that the beginnings of the morals problem, and the development of its material were clearly in evidence, but that the problem itself had not taken shape as it existed in Europe, and as it came to be later in this country.
II
Our next period dates from the War of the Revolution to the end of the Civil War. In this, two thirds of the population still lived in the open country. Cities at first were few and small, but after 1830, with the beginnings of railroads and of the factory system, the suction power of cities began to be felt, and in the last half of the period, the morals problem in the city was a real one. The laws of the country were shaped by the strong individualistic independence of the farming class. Judges, prosecuting attorneys, and other restricting and restraining agents of law and order were regarded with suspicion, as the tools of tyranny. The fathers and grandfathers of the first two generations had applauded the French Revolution, and its kicking off of all restraint from higher authorities. Men with such an attitude of mind were not prepared to institute protective laws for an element, whose mental weaknesses and other grounds for a lack of self protective power were not understood. The new industrialism of the factory system was rapidly, coming to be, but adequate factory laws for the simplest protection of physical health and economic well being were of slow development, and


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only achieved after a half century of strenuous conflict. The remoter problems of moral self defense of any single element inarticulate in proclaiming its needs were neither seen nor expressed.
We may quote as revealing the opinion of the time the statement of Dr. W. W. Sanger: “Few love to know the secret springs from which prostitution emanates; few are anxious to know how wide the stream extends; few have any desire to know the devastation it causes. . . . He, who does allude to the subject of prostitution in any other than a mysterious and whispered manner, must be prepared to meet the frowns and censure of society.” The conclusions reached by Dr. Sanger, the most careful, most dispassionate, most thorough and most highly qualified student of vice in this country in the last century, also merit quotation. He says: “Stripped of the veil of secrecy which has enveloped it, there appears a vice arising from an inextinguishable natural impulse on the part of one sex, fostered by confiding weakness in the other; from social disabilities on one side, and social oppression on the other; from the wiles of the deceiver working upon unsuspecting credulity; and, finally, from the stern necessity to live.”
Nevertheless, the morals problem of the city grew apace. The results of a single appraisal of moral conditions in this period may be cited: Dr. Sanger, who was then resident physician of Blackwell’s Island, New York, made in 1857 the first serious study of vice conditions in any American city. He obtained the aid of the mayor, the chief of police and other health and police officers, and the results of a two years’ statistical study were important and informing. The population of New York was 515,547 in 1850. As evidencing the suction power of the
city, it may be noted, that of 762 prostitutes found in New York and bom in the United States, 894 were from New York state, 71 from Massachusetts, 77 from Pennsylvania, 69 from New Jersey, 42 from Connecticut, and 24 from Maine. Six other states contributed more than five. The southern states altogether added 12 women, and the western states the same number. The writer notes that Maine with a population of 580,000 sent 24 women, while Virginia, with 1,421,000 contributed but nine. These states were about equidistant from New York. The statistician tries without confidence of success, to explain why Maine sent so disproportionate a number. His conclusion seems to be that the employment of females in manufacturing and sedentary occupations explains the easier exploitation of girls and women in the New England and the middle states, in comparison with the southern and western states, where the factory system was much less developed.
Instructive also, are the answers of 1,238 prostitutes to the question, “ What induced you Jo emigrate to the United States?” That the search for economic well-being even at that time was beset with many pitfalls was suggested by the reply of 411, that they came to improve their condition. Only 91 came from causes likely to land them in vice. These were ill usage of parents, running away from home, and coming with their seducers. The educational condition of 2,000 reveals a higher grade of schooling than was shown by similar inquiries in the first decade of this century. Seven hundred and fourteen of the 2,000 could read and write well, and only 521 were uneducated. As to the cause of becoming prostitutes, out of 2,000, 525 claimed destitution, 513 admitted inclination, 258 seduction, 181 drink


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(this was before the Volstead act!), 164 ill treatment of relatives, and 134 desire for an easy life. As to previous occupations, the answers were not dissimilar to most canvasses of this class. Nearly one-half of 2,000 had been in domestic service; one quarter were living with their families or friends and three-fourths of the remainder were in factories or work-shops. While but few claimed to have entered prostitution solely because of necessity to earn a livelihood, over 1,000 stated that they were earning less than four dollars a week. In other words, starvation wages had been an important contributor to their downfall. It seems surprising, but is perhaps only to be taken as recognizing the large proportion of that element of the population, and the coarseness of the life in many cases that 440 of the 2,000 stated that their fathers were farmers. Less than 40 reported their fathers as belonging to the professional classes, while only 24 fathers were manufacturers, and 37 merchants.
Here certainly, was a full blown problem of morals, discreditable to the commercial capital of the new country, “conceived in liberty, and dedicated to the proposition, that all men are created equal.” Orators of the period used to say “free and equal.” Evidently, people are created neither free nor equal. Of all the creeping things that creep on the face of the earth, the human beast is the least free and the most and longest dependent, while equality does not exist in any sense even within the family circle.
The painstaking report of Dr. Sanger produced a profound impression and extended discussion, with only the limitation that the subject was tabooed as a topic for general consideration. But neither heredity nor environment were understood, and the inequalities of mental and emotional character were
not appreciated by even the professional class.
The conditions revealed in New York in 1857 were similar to those which arose in other large cities in the country which developed from 1870 to 1900. Voices of protest began to be raised first by individuals, and then by the churches and a few organizations, but public officials had no standards and no conception of the problem, which promised or produced constructive results. Even municipal reformers were unwilling to touch it, and less willing to be involved in any alliance with the emotional advocates of suppression. Law givers, under pressure, passed laws, making prostitutes vagrants, and suppressing houses of prostitution, but such laws were defectively enforced for a quarter of a century, and used by the police mainly as a club to repress malefactors who became too ostentatious.
HI
In the meantime, with the increasing intimacy of the relations between this country and Europe, the discussion of the problem then attracted attention in our own country. The earnest and brilliant speeches against the traffic in women of Josephine Butler in England, and the sensational exposures in London by William T. Stead in 1885 impressed Europe as well as England with the belief that a traffic as well as a vice was at issue. In 1889, under the leadership of William A. Coote of the National Vigilance Committee, an epoch making international conference was called in England. Able and representative people of many nations were present. Their testimony agreed that an international traffic existed, wide spread and sinister. Greed of gain was its motive, and the helplessness of the victims furnished the ground of exploitation. It was not a mere


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question of supply and demand, but one of a stimulated supply and demand from commercial agents, and corrupt officials in every country, and instances were not lacking, that even in the best governed countries, there were officials, who yielded to temptation. Not less startling was the fact established that the traffic was largely international, and that this characteristic was due to the further fact that by transportation to other lands, the victims of one country were reduced to a condition of helplessness, that made them veritable slaves of their masters. It therefore became evident that no one country alone could solve the problem, nor successfully attack the traffic. It was a world problem, as general human slavery had been before it.
Aroused by the unanimous protest of the delegates at the London Conference, in 1902, the French Government summoned a world congress of official representatives of different governments to meet in Paris. By them, a treaty was drafted, pledging the signers to common measures for the suppression of the international traffic, and the punishment of any found catering thereto. This treaty was ratified by nearly all the governments of Europe, except Turkey, and in 1906, by the American government. Both the London conference and the official congress in Paris demonstrated that America was involved in the traffic in women as well, and probably as much as Europe, and that the stream of emigration from Europe to America was polluted by the presence of procurers and their victims.
IV
America was further enlightened by the discoveries of medical science, the new science of public hygiene and the new body of educated social reformers. Thus, with the opening of the twentieth
century, the time was ripe for a new movement of moral reform on a new basis and with the fullness of time, action was not delayed. The United States Congress in 1906 created a National Immigration Committee, which made an elaborate study of the whole problem of immigration. The importation of women for immoral purposes was carefully examined, and the conclusions reached were no less startling and stirring to the moral sense of this country than those previously established. The work of this committee led to the passage of two national laws, known as the Bennet and Mann laws. These enlisted the aid of the national government in the crusade, thus seriously undertaken by the entire resources of the national government.
Nor were state governments idle. The National Vigilance Committee, an organization formed to suppress commercialized vice, and official tolerance or regulation of it, drafted what became known as a State White Slave Law, which was rapidly adopted by all or nearly all the states of the Union. This was followed, a few years later, by an Injunction and Abatement Law. The former act aimed at the successful prosecution of procurers and promoters of vice, and the latter at the suppression of disorderly houses as a public nuisance. Meanwhile, grand juries in different parts of the country were conducting their own inquiries, and in every instance, rendered an uncompromising condemnation of the traffic in women and a demand for more strenuous official action for its suppression.
Cities also made an important contribution to the attack on entrenched vice. Municipal commissions were created to investigate moral conditions in Chicago, Minneapolis, Philadelphia, and a dozen other centers. These commissions were usually composed of


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women and men of the educated class which formerly had avoided combat with so disagreeable a topic. Their inquiries were sober and dispassionate. With no single exception their conclusions were that segregated districts did not segregate prostitution, that toleration did not reduce the evil nor protect virtuous women, but that on the contrary the removal of “red lights” districts in a city tended to reduce vice in other sections.
One further potent influence is to be recorded. When the World War began, the American government, on entering the conflict, resolved that its soldiers should not be debauched as had been the soldiers of certain other countries, in shocking numbers during the first two years of the war. It had been the habit of all countries in the war, to consider that the practice of vice was inevitable or necessary for a large percentage of their soldiers, and to make little if any effort to prevent the practice, and very little successful effort to reduce the evil effects of it among their soldiers. The American government, both civil and military, grappled with the problem, on the assumption that vice was not necessary, and that the volume of it could be reduced. Recreative substitutes were provided, and strong prohibitive measures adopted. Particular attention was directed to the training camps in this country, and especially able officers were appointed, who conducted relentless warfare against all denizens and abodes of vice, within reach of army camps. These efforts strengthened the rising tide of determination throughout the country, that all toleration and segregation of commercialized
vice must go, and promoted an uncompromising warfare against commercialized vice.
One cannot review the history of the vice problem and the public attitude toward it, without being profoundly impressed by the development of public sentiment relating to it along with the development of the evil itself. The toleration of commercialized vice is to-day advocated only by those ignorant of the studies of the subject during the last twenty-five years, and of the unanimous conclusions reached by official and unofficial commissions, grand juries, and civic bodies. To the conclusions thus reached, there has been no reply or denial by any governmental body, or civic organization, nor any seriously considered protest over the signatures of citizens of any country. The verdict of civilization, which forty years ago would have been that commercialized vice was inevitable and could only be regulated, and thereby slightly reduced, to-day is practically unanimous that society must conduct eternal warfare against its promoters, whatever be their relations to it.
One of the admitted services of the League of Nations has been its vigorous promotion of joint action against international commerce in women by all the fifty-two nations, which constitute its members. Even our own lagging country has ventured to take an official share in such action. Is it too much to believe that one more form of human slavery is doomed, and that it will only continue in uncivilized portions of the earth? “Fondly do we hope, fervently do we pray,” that this belief will be justified.


ADMINISTRATIVE REORGANIZATION IN
TENNESSEE
BY A. E. BUCK
New York Bureau of Municipal Retearch
Tennessee has broken the “Solid South” by the adoption of an administrative consolidation plan, the simplest which any state has yet accepted. Ousted officeholders contested the measure in the courts, providing the first occasion upon which the constitutional principles of consolidation have been judicially tested. :: :: ::
Tennessee now enjoys the distinction of being the first southern state to reorganize her administration. In this reorganization she has gone even further than the states in other sections of the country toward setting up a simple, direct, responsible government. This is due, in a measure, to the lack of detailed provisions in the state constitution relative to administrative organization. The governor is the only elective constitutional officer. There is no lieutenant governor; the speaker of the senate succeeds the governor in case his office becomes vacant. The only other constitutional administrative officers, besides the governor, are the secretary of state, the comptroller, the treasurer, the attorney general, and the adjutant general. The first three of these are appointed by the legislature, the fourth by the supreme court, and the fifth by the governor. Thus, complete reorganization of the state’s activities was hampered by few constitutional restrictions.
STEPS TOWARD REORGANIZATION Back in 1921 some citizens of Nashville became interested in administrative reorganization, and provided for a brief study of the existing organization of the state government. This resulted in the introduction in the 1921
legislature of a bill providing for a plan of consolidation, but it failed to get any serious consideration on the part of the legislature. However, this beginning coupled with the general financial condition of the state served to make reorganization an issue in the following gubernatorial campaign, which resulted in the election of Governor Austin Peay in November, 1922. At this time, the writer had about finished a survey of the various offices, boards, departments and agencies of the state government for the Nashville Chamber of Commerce. It was the intention of the Chamber to distribute a report on this survey over the state and to assist in securing the adoption of a plan of state reorganization. During the campaign, Governor Peay had pledged himself, among other things, to a reorganization of the administrative system of the state looking to economy and efficiency. Immediately after his election the Chamber of Commerce agreed to turn over the information gathered in the survey to Governor Peay. Thereupon the writer went to the governor’s home at Clarksville and assisted him in drafting into a bill the reorganization plan and also in working out a budget to carry on the work of the new organization. Subsequently, during the legislative session, the writer assisted the legislative commit-
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tees in working out further legislation and aided the governor in the installation of the new system of administration after its adoption.
LEADERSHIP OF GOVERNOR PEAT
Even before Governor Peay was inaugurated he had won the -onfidence of the members of the legislature. An overwhelming majority of the members of each house pledged support to the governor in putting through his program. Like the governor, most of the members of the legislature had been elected upon a platform in which state issues, such as taxation and retrenchment, were paramount.
On January 17, the day following his inauguration, Governor Peay sent a message to the legislature in which he outlined his program of legislation. Accompanying this message was the administrative reorganization bill and the general appropriation bill. In his message he pointed out that there was a deficit in state accounts of over $2,500,000, and then remarked: “ Something is radically wrong with our system when a large deficit annually results in our accounts. It has been occurring for fifteen years.” This he ascribed to the existing state organization which he described as “headless and disjointed” and what amounted to “an assortment of petty governments.” After explaining briefly the proposed plan of reorganization, he anticipated that the constitutionality of the bill would be questioned because it disturbed the tenure of officeholders. On this point he said: “The terms of officials so vary in this state, that this reform is impossible, if they cannot be disturbed. This bill is not primarily intended to amend or repeal any existing law. Its purpose is to originate a broad and new administrative scheme in government to promote economy and efficiency. If it cannot be law-
fully done in this manner, we had as well know that fact and resign ourselves to bankruptcy. The state government has passed the point where the present system can be judiciously administered. ” With this explanation he asked that the legislature give the bill its prompt attention.
THE REORGANIZATION PLAN
The reorganization act passed the legislature and was approved by the governor on January 31. It created eight administrative departments, as follows: Finance and taxation, agriculture, highways and public works, education, institutions, public health, insurance and banking, and labor. Forty-nine statutory offices, boards, bureaus and agencies of the state government were abolished and their functions consolidated in these eight departments. In addition, some of the statutory duties of the constitutional administrative officers were transferred to the new departments. In control of each department is a single head, called the commissioner, who is appointed by the governor without confirmation by the senate. These commissioners hold office at the pleasure of the governor. Their salaries range from $4,000 to $5,000 per year. All subordinate officers and employees in the departments are appointed by the commissioners, with the approval of the governor, and subject to the employment regulations established by the department of finance and taxation. Each department is required to maintain a central office at the capitol and to keep this office open for business from 8.30 in the morning to 4.30 in the afternoon during each week day.
Only one statutory agency was not included in the reorganization plan which might have been consolidated, viz., the railroad and public utilities


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commission. At the time the legislature was in session, there was wide difference of opinion in the state as to what the scope of the powers of this commission should be, especially with reference to the regulation of local utilities. Undoubtedly, a change in the organization and duties of this commission will be made the next time the legislature meets.
THE NEW DEPARTMENTS AND THEIR ACTIVITIES
A glance at the accompanying chart will give the reader an idea of the internal organization of the various departments and the general distribution of the activities. Each division is headed by a single officer, called in most cases a superintendent.
The department of finance and taxation is the hub of the administrative wheel. It has supervisory control over all the expenditures and collections of the state government. It keeps the central accounts covering the state’s fiscal operations. It controls the purchase of all supplies, materials, equipment and services for the state departments and offices. It gathers the information and prepares the state budget for the governor, who passes upon it and presents it to the legislature. It classifies employees in the different departments and institutions and regulates the disposition of office forces when not operating to the best advantage. It regulates and equalizes the assessment of general property for taxation, assesses and collects inheritance taxes, and issues motor vehicle licenses. The administration of the excise tax on corporations and the supervision of the gasoline tax, taxes authorized by the 1923 legislature, are also placed under this department. The general property equalization and the adjustment of inheritance taxes are functions of the
department of finance and taxation which are finally passed on by a board consisting of the head of the department, the head of the division of taxation, the governor, the treasurer, and the secretary of state. The state funding board and the Confederate pension board are both associated with the department of finance and taxation for purposes of administration.
The department of agriculture is concerned with the control of plant and animal diseases, the inspection of foods, feeds, seeds, fertilizers, and dairies, the enforcement of fish and game regulations, and the preservation of forests. Two advisory, non-paid boards are provided for in connection with the work of this department, one on forest conservation and the other on fish and game. By an act passed after the reorganization act the legislature abolished the board of fair trustees and placed the supervision of the distribution of state money for fair purposes under the department of agriculture.
The department of highways and public works has charge of the construction and maintenance of the state highway system, enforces traffic regulations, supervises the erection of public buildings, provides plans for institutional development, and exercises general custodial supervision over the capitol buildings and grounds and other public property.
The department of education supervises the elementary and high school work of the state. This department also includes the state library and archives, the traveling libraries, the state land records, and the geological work. It has supervision over the records of the thirteen state boards that conduct examinations for licenses in the various trades and professions. The state board of education, of which the head of the department is chairman,


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is associated with the department and supervises the administration of the five state normals and the federal funds for vocational purposes. The financial supervision of the normals, however, is under the department of finance and taxation.
The department of institutions has charge of what are commonly termed the public welfare activities and institutions of the state. Under it are thirteen charitable, correctional, and penal institutions, and the workshops for the blind. The department of health has under its supervision all of the public health activities of the state. The governor may appoint a non-paid, advisory council of five members to serve in connection with this department. The department of insurance and banking regulates insurance companies, supervises building and loan associations, examines banks, and regulates investment companies (blue sky). The department of labor is charged with the inspection of mines, factories, workshops, and hotels, the enforcement of fire prevention regulations, and the administration of the workmen’s compensation and child labor laws.
SOME DISTINCTIVE FEATURES OF THE PLAN
Under the organization briefly outlined above, the governor has been made responsible for the administration of the state government to a degree not attained so far by any other state reorganization. Excepting the limited amount of administrative work that falls to the other constitutional officers, the governor has complete control over the administrative activities of the state government. This does not mean, however, that the governor can become an autoctat in his office, for he must give a complete account of his administration to the legislature
and he is at all times responsible directly to the people of the state. If his administration is a failure, the people know who is to blame. The governor can no longer make plausible excuses for his failure to get results, or hide behind the complicated and disjointed machinery of administration.
The governor is required to submit to the legislature a budget, covering the expenditure needs of the state government and the means of financing these needs. This information will be made public and will be one of the best means of checking up the success or failure of the administration. After appropriations have been made by the legislature, the centralized administration will insure that all expenditures will be made economically and that deficits will not be incurred.
This plan practically eliminates boards from all administrative work of the departments and from all quasijudicial and quasi-legislative work, as well, of the departments. The administration and direction of such functions as taxation, workmen’s compensation, blue sky regulation, child labor enforcement, health, institutions, highways, and education are in the hands of single individuals. This leaves no doubt as to responsibility for action or inaction, and serves to expedite the state’s business.
OPPONENTS APPEAL TO THE COURTS-------
TEMPORARY RESTRAINING ORDER GRANTED
In Tennessee the fight against the reorganization plan was not made in the legislature, as has been the case in most of the states, but in the courts. On February 1, the day the reorganization act went into operation, certain ousted officials, namely, the members of the highway commission, the tax commissioner, the members of the state board of equalization, and the warden


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of the state penitentiary, sought an injunction preventing the reorganization act from taking effect with reference to their offices. A temporary injunction was granted the same day by Chancellor John R. Aust, and a hearing was set for February 9, on which day arguments were heard and the chancellor took the cases under advisement. In the three bills filed with the chancellor, which were consolidated by agreement at the time of the hearing, the complainants charged (1) that the reorganization act was void because it did not conform to certain provisions of the constitution as to form, (2) that it delegated legislative and judicial powers to the executive and was therefore in conflict with the constitutional separation of powers,
(3) that there was irregularity in the passage of the act by the legislature,
(4) that the act deprived the complainants of their offices, but did not abolish these offices—merely changing the names, (5) that there were numerous incongruities in the act, and (6) that the plan would not promote economy or efficiency in the administration of state affairs.
INJUNCTION DENIED BY CHANCELLOR
On February 12, Chancellor Aust handed down an opinion in which he refused to grant the complainants an injunction and upheld the constitutionality of the reorganization act in all its provisions, except section 14, relating to the power of the legislature to appropriate funds. He held that the title of the act was single in purpose and yet sufficiently broad to admit of all legislation tending to the reorganization of the state government, and that it was unnecessary to recite in the title the caption or substance of all the laws repealed or amended by the act. He held that while the right to hold a public office was a species of property,
it did not entitle the officer to the compensation as under a contract, but that the person took the office subject to the authority of the creating power to change the compensation or discontinue the office. He held that the final passage of the act by the house was regular and that it complied with the provisions of the constitution. The other charges he considered briefly and dismissed as being without weight in the determination of the case.
Immediately following denial of the injunction by the chancellor an appeal to the supreme court of the state was granted the complainants, but the new departments were permitted to take over the work of the contested offices at once, which was done.
CASE BEFORE THE STATE SUPREME COURT
The case against the reorganization act came up and was argued before the supreme court on March 15 and 16. The attorneys for the appellants submitted to the court a printed brief of 95 pages in which they outlined and assigned as errors the charges in the original bills for injunction and argued at length, citing numerous court decisions, in support of these charges. In conclusion this brief says: “If this act is held to be constitutional, the next legislature can pass a more radical law. The state will be continually reorganized. It can be ripped fore and aft, from one end to the other, and from one administration to another, and no one can view with complacency what the end will be. . . . The
backers of this radical legislation have drawn inspiration from the unrest of the people occasioned by times that have been extraordinary.”
The attorneys for the defendants presented to the court a printed brief of 40 pages in which they answered the arguments of the attorneys for the


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appellants, and concluded as follows: “The act under consideration is more distinctly and clearly an act to establish a new system or scheme of government than any act of the legislature within the past half century. . . .
There is nothing radical or revolutionary about this act. . . . The leg-
islature made the laws that this act undertakes to change. The changes are entirely within its power to make, and always have been. The only question at all is whether the benefits of the act shall be postponed until the expiration of the terms of certain subordinate officers. That is what the
fight is over...........The principle
sought to be given effect in this act is fundamentally a sound one. It reinstates the governor as the head of the state’s business affairs. We cannot very well do worse than we have in the past. The new system is not a selfish one. . . . It is at least worth
trying.”
DECISION OF THE SUPREME COURT
On March 81, the state supreme court delivered an opinion in which it upheld the constitutional validity of the reorganization act. This opinion should be of special interest, since it is the first time a case involving the principles of a state reorganization plan has been tested in the courts. The reorganization acts of Ohio and Washington were before the courts, but only on the point of the constitutionality of the use of the emergency clause.
The opinion of the supreme court (House vs. Creveling, 250 S. W. Reporter) on the different charges was briefly as follows:
1. Upon the charge that the act violates certain provisions of the constitution as to form, the court held that the act relates entirely to one subject, namely, the reorganization of the state
administration. This is made perfectly clear from reading the caption. The contents of the act, therefore, are not broader than the caption. Where an act proposes to repeal or amend several laws relating to one subject, it is not necessary for it to recite the title or substance of each previous law in the caption. This would have made the caption as voluminous almost as the body of the act.
2. Upon the charge that the act delegates legislative and judicial powers to the executive in conflict with the constitution, the court said: “The fact that certain limited judicial and legislative powers are conferred upon executive officers does not change their status as such officers, nor is it inappropriate or beyond the scope of a statute dealing with executive officers to confer such powers. ”
3. Upon the charge that there was irregularity in the passage of the act by the legislature, the court stated that it found no evidence on the journal that the bill was not properly submitted for final passage in the house after it was returned to that body with the senate amendments. Although the aye and no vote was not recorded on the final passage of the bill, the court did not presume from the mere silence of the journal that the provisions of the constitution had been disregarded.
4. Upon the charge that the act deprived the complainants of their offices without abolishing the offices, the court, after citing a number of Tennessee cases, stated that it was now established law that the legislature may abolish an old plan of government and the offices created for the administration of the old plan. “The rights of the officers thus affected must give way to what the legislature conceives to be the public interest. This, of course, assumes the change in form of govern-


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ment to be real and not colorable for the purpose of putting one set of men out of office and another set in office. ” Unless offices can be abolished, it would be impossible to put a new scheme of government into effect. “There are particular services that must be rendered by some one in any form of government and a new system cannot be stricken down because it proposes to continue to discharge essential duties. Old offices may be abolished, not only when their functions become useless, but when, as constituted, they do not fit into the new scheme.” This act inaugurates a new regime. Hereafter, the administration is to be one of centralized power, the governor controlling. Officials, such as the complainants, “otherwise selected than by the governor, not amenable to him, independent of his wishes, with tenures fixed, and broad powers conferred by statute are out of place in the plan adopted. They could defeat the governor’s most cherished purpose. ”
5. Upon the charge that the act contains incongruous matter, the court stated that this was largely a question of fact to be determined by its knowledge of affairs. After a thorough examination of the act the court said: “Its provisions are germane to the title and not incongruous with each other. ”
6. Upon the charge that the plan does not promote economy and efficiency in administration, the court stated that this question had no bearing on the constitutionality of the act, and declined to go into it. On this point, the chancellor had said in his opinion: “If such charge be true, this appeal should have been made to the legislature, and not to the courts.
. . . Courts have no veto over the
exercise of lawful power by the legislature, nor can they arrest the execution
of a statute even though it could be shown it was unwise, harmful and uneconomical. ”
On the general principle of centralized executive responsibility upon which the reorganization plan is based, the court said in the conclusion of its opinion: “Since in our opinion it (the plan) deals alone with the duties and functions essentially executive, the centralization of powers does not offend the constitution. All these powers might have been conferred on the governor individually, and he might have been directly charged with their execution had the legislature deemed it feasible and best so to do.”
The court acquiesced in the opinion of the chancellor that section 14 of the act was invalid and elided it from the statute.
REDUCTION IN THE COST OF THE STATE GOVERNMENT
Since the Tennessee reorganization plan has been in operation only a short time at this writing, it is not yet possible to show the actual economies that will be made by the application of the business methods instituted by the new system. But it is possible at this time to compare the appropriations made by the 1923 legislature to run the government for the biennium of 1923-1925 with the actual operating expenditures of the old government for the last biennium of 1920-1922. This comparison shows a total reduction in the operating costs of the state government for the next biennial period of $1,547,200. Of this amount, $147,500 is the result of economies on the part of the 1923 legislature, and $177,750 is an estimated reduction in the cost of operating the state judicial system. When these two items have been deducted from the total reduction, there remains $1,221,950, which amount is a reduction in the administrative or


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departmental cost of the state government. This latter amount is the direct result of Governor Peay’s program of administrative reorganization and retrenchment. In making this reduction all estimates were carefully scrutinized by the governor, who made recommendations to and even worked with the appropriation committees of the legislature, and no worth-while activities of the state were discontinued or hampered by the reduction. According to custom, two appropriation bills were passed by the legislature—a general appropriation bill early in the session and a miscellaneous appropriation bill near the end of the session. All continuing appropriations were repealed by the miscellaneous appro-
priation bill and definite appropriations were made for the state normals and certain activities of the department of education, which had hitherto been supported by a fixed percentage of the general education funds. All special mill levies, except one for the state university and one for the common schools, were repealed by the legislature, and the state tax rate was reduced from 36 cents to 30 cents on the hundred dollars. Sufficient surplus has recently accumulated in the state treasury to enable the administration to pay off one million dollars of the present deficit. It is expected that the state government will soon be on a sound financial basis and running in a business-like way.
OUR LEGISLATIVE MILLS
III. WISCONSIN
BY WALTER THOMPSON
Unixeraiiy of Wisconsin m
A keen study of a legislature which has led the way in many reforms of ‘procedure but now suffers for lack of party organization and leadership. Nothing has yet appeared to fill the place of the old-fashioned
boss. :: :: :: ::
The Wisconsin legislature of 1923 was a disappointment. It was a disappointment to those who expected great things from it, a disappointment to those who anticipated radical departures, a disappointment to the members themselves. This is not merely the opinion of an observer. One had only to visit a session in either house and listen to the assertions of the tired members to have this conclusion affirmed. “We are wasting our time with trivial matters; why can’t we get
together and do something?” This question was repeatedly asked in the early debates last January. After long months the members asked the same question. Either house presented a picture of a parliamentary body composed of relatively competent men, and well equipped with the necessary agencies to expedite lawmaking, but lacking that unity, organization, and leadership without which constructive legislation is extremely difficult.


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ORGANIZATION OF THE LEGISLATURE
The constitution of Wisconsin provides that the assembly shall be composed of not less than fifty-four and not more than a hundred members, and that the number of senators shall not be less than a fourth nor more than a third of the number of assemblymen. The experience of Wisconsin has been similar to that of other states in that the two chambers have become as large as the constitution permits. The present assembly is composed of a hundred members, and the senate is made up of thirty-three.
Not a few academic students of political science, as well as men actually engaged in legislation, have suggested the abandonment of the bi-cameral system and the establishment of a single chamber which would be smaller and more adaptable for the enactment of law. These men have urged that there are really no distinctive interests represented in either of the chambers, and that the check and balance system is unnecessary to safeguard individual rights and tends to retard legislation by furnishing an opportunity for controversies and deadlocks. Be this as it may, the last session in Wisconsin gave little evidence of any intention of abandoning or even modifying the bicameral system. A resolution passed the assembly which provided for a joint committee to report on changes in the joint rules relative to joint committee hearings. This might have been a step in the direction of joint committee hearings, but the resolution was not concurred in by the senate. Under the present organization, the joint committee on finance is the only joint standing committee. Each chamber maintains its own committee organization and operates independently of the other.
On the whole, the bi-cameral system
appears to have justified itself in the present legislature. This does not mean that there have not been different views prevailing in the two chambers with the result that there have been controversies and deadlocks. There have been differences and the result is that legislation has been impeded. Paradoxical as it may seem, it is in this fact that the bi-cameral system is justified. The checking of hasty and unwise legislation is as important as the enactment of laws. No one can seriously argue that the capacity of American legislatures for turning out laws is too limited and should be enlarged. Our legislatures are enacting too many laws rathei than too few, and quality rather than quantity should be the standard in judging legislative efficiency. If the bi-cameral system tends to improve the legislative output, if it tends to check unwise legislation, and if it tends to foster enactments more in conformity with the public demand and more conducive to the general welfare, then it is justifying itself. It is idle to urge a speeding up of the legislative machinery at the possible expense of the quality of the legislative output. It is equally foolish to urge the avoidance of conflicts as a panacea in legislative procedure. Conflicts and honest compromises are the very essence of legislation.
During the legislative session of 1921 I happened to meet one of the senators. I asked him about the progress in the legislature and he jokingly replied: “Everything is going lovely. What we pass the assembly rejects, what the assembly passes we reject, and what we both pass the governor vetoes. We haven’t done any damage yet.” Had the senator spoken seriously he would probably not have stated the case so strongly, but his statement nevertheless is illus-


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trative of what may happen under the bi-cameral system when there is a failure to agree. But when the importance of avoiding hasty and unwise legislation is contemplated, it becomes obvious that obstructive practices may have a salutary effect.
SENATE PROVIDES CONSERVATIVE BALANCE
Due to the agitated state of the public mind in Wisconsin, the senate has perhaps saved us from some unwise legislation. The Middle West, and notably Wisconsin, during the last two years has experienced a state of social unrest. This is probably due to economic readjustments made necessary after the war. A large proportion of the people are dissatisfied with existing conditions. They cannot point with exactness to the source of their grievance or suggest specific methods of relief. There has been a spirit of resentment against things as they are. The reaction has been emotional rather than rational, and present indications seem to be that it is temporary rather than permanent. During the summer of 1922 the dissatisfaction was at its height. Naturally it was reflected in the type of men elected to the assembly. Those who win public approval in times of agitation are not the moderate, matter-of-fact, and cautious. Those who can voice the sentiment of classes who feel themselves oppressed, receive the endorsement of those classes. The present assembly, to a greater degree than the senate, has reflected the spirit of 1922. It is questionable if this is a reflection of the real public opinion of the state. It may represent rather a passing sentiment. The senate, on the other hand, elected for a longer period, seems to have maintained a sense of proportion and balance which the assembly has sometimes lacked.
The result has been that when the assembly has acted hastily, as in passing an act abolishing the national guard, more sober judgment has prevailed in the senate. The senate has, of course, also been influenced by the prevalent social unrest, but half of its members were elected in 1920 at a time when the popular agitation was less marked. This body therefore probably represents the real public opinion of the state more accurately than the assembly and is less apt to be influenced by a momentary sentiment. However, if there is a real demand for a reform it seems to receive the endorsement of the senate as well as of the assembly. There is thus a combination of a body representing immediate interests and a smaller body assuming a more detached and sober attitude. The arrangement is not entirely satisfactory, but after observing the legislature for several months, one would hesitate to advocate the abandonment of the bi-cameral system.
NOTABLE COMMITTEE BYSTEM— ELECTRIC VOTING
The committee system of the Wisconsin legislature is relatively simple. In the assembly there are twenty-three standing committees, some of which are obsolete. In size these committees range from three to eleven members. In the senate there are only nine standing committees ranging in size from three to seven members. In neither house does a member serve on more than two committees and many serve on only one.
Committee hearings are public and listed on a special calendar. Records of committee hearings are required to be kept. All bills referred to a committee in either house must be reported out of committee and finally disposed of on the floor of the respective chambers after the majority and minority


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reports of the committee are in the hands of the members of the house. This insures full publicity of committee proceedings, and no bill is relegated to the wastebasket in the committee room. Every measure receives consideration on the floor of at least one of the chambers. By the end of May in the present session there had been introduced more than fourteen hundred bills and resolutions. Five hundred and forty-three of these measures were introduced in the senate; eight hundred and eighty-eight in the assembly. These measures cannot be finally disposed of by the committees. All must be reported back to the respective chambers for final action. It would probably be impossible to act on such a mass of legislation if the assembly were not equipped with an electrical voting device. By using this mechanism very little time is required for a roll call. The legislator merely presses a button and his vote is registered in view of the whole house. “Aye” is registered by a white light, “No” by a red one. The vote is also recorded on the speaker’s desk, and the result is immediately announced. The whole procedure takes but a fraction of a minute. I was seated in the gallery of the assembly during a busy hour in that chamber. Watch in hand, I timed the proceedings. Seven roll calls were demanded and taken, three votes were taken without a roll call, and two amendments were read and adopted. The time required fpr these proceedings was less than ten minutes. To appreciate the saving realized by the use of the electrical voting machine one has but to consider the time required for a clerk to caB the roll of a hundred members.
THE LOBBY REGULATED
Since lobbying in Wisconsin is by law practically limited to appearing
before legislative committees, a discussion of the committee system should perhaps contain a word about these regulations. Unfortunately the word “lobby” has become associated with sinister and corrupt influences. For this reason, many well-meaning people have urged the abolition of the practice without considering the effect of such a move upon democratic institutions. The permission of lobbying is necessary for the maintenance of free and democratic government. A citizen in a democracy surely has a right to go to his legislature to secure legislation which is favorable to him, or to discourage the enactment of measures which he deems detrimental. A denial of that right is a blow at democracy, and stiff when the citizen exercises it he is engaged in lobbying. The practice therefore cannot be abolished, but due to the fact that some persons unscrupulously abuse a right, it has to be regulated.
In Wisconsin all lobbyists representing private interests are required to be registered with the secretary of state. They are registered either as legislative counsels or legislative agents. This registry shows the interests represented by the counsel or agent and the legislation in which he is interested. A legislative counsel or agent cannot appear before a committee unless he is registered. He is also forbidden to appear on the floor of either house, and it is unlawful for him to try to influence individual members privately. This system, while not entirely satisfactory, appears to be a workable solution. The only thing of interest in connection with lobbying that has developed during the present session has been in connection with lobbying by some of the state administrative personnel. During the early days of the session it was charged both by the governor and by members


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of the legislature that certain administrative officials were seeking to influence legislation by appearing in the legislative chambers and by personal contact with the legislators. A resolution was introduced in the senate to discourage the practice, but was later rejected as unnecessary.
THE LEGISLATIVE REFERENCE LIBRARY
No study of the Wisconsin legislature would be complete without mention of the Wisconsin legislative reference library and its activities. Started by Dr. Charles McCarthy more than twenty years ago, it has served as a model for similar agencies in other states. The institution is at present under the able direction of E. E. Witte. By a careful and systematic collection and arrangement of material, this library has become a storehouse of ready information for the busy legislator. The personnel of this department have held their positions for years and naturally have accumulated a marvelous amount of information on subjects of interest to a legislator. They are at the service of the legislators, and their services are constantly in demand.
The legislative drafting department is attached to the legislative reference library and is under the direction of the librarian. During the recent session four attorneys were employed and devoted full time to the drafting of statutes. Mr. Witte, the librarian, has also devoted considerable time to this phase of his department. Devoting all their time to this kind of work, these draftsmen become experts. This is recognized by the legislators and practically all bills go through the drafting department. Even if a legislator has fully drafted a bill which he wishes to introduce, or if he has received a drafted bill from a constit-
uent, he will usually refer it to the drafting department for improvement in technical form. As a rule only simple changes, such as striking out a figure and inserting another in an appropriation bill or framing a simple amendment, are attempted in the legislative chambers without the assistance of the drafting department. The assembly committees for the improvement of the technical form of bills, such as the committees on engrossed bills, enrolled bills, revision, and third reading are obsolete. Such committees do not exist in the senate. In both houses this work is done by clerks, but in the assembly these committees theoretically function, bills are referred to them, and the clerks in reporting out the measures sign the name of the appropriate chairman.
The drafting department of the reference library is concerned only with the individual bills to be drawn up during a legislative session. The whole body of the statute law of the state comes again under the scrutiny of the revisor of statutes. This office was created in 1909. The revisor is appointed by the trustees of the state library and is not connected with the legislative reference library. His duties are “to formulate and prepare a definite plan for the order, classification, arrangement, printing and binding of the statutes and session laws.
. . -”1 A compilation of the re-
vised statutes is issued every two years. These compilations are systematically arranged and contain the whole body of the statute law brought up to date. Wisconsin is thus fortunate in having expert service both in the drafting and in the revision of the statutes. This service is reflected in the form of the law. The statutes are remarkably clear, brief, and conveniently arranged.
1 Wisconsin Statutes, Sec. 43.07 and 43.08.


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NO LIMIT ON LENGTH OF SESSIONS Finally, in considering the organization of the legislature, something should be said about the duration of the legislative session. There is no constitutional limit on the length of the session in Wisconsin. Legislators are paid $500 per term and receive mileage to and from the capital. They can remain in session a week or two years, but their pay is the same. During the nineties the usual duration of a legislative session was about a hundred days. Beginning with the present century, there was a gradual increase. In 1905 there was a notable increase, the session lasting a hundred and sixty-three days while the session of 1903 lasted only a hundred and thirty days. The tendency since 1905 is shown by the following table:
sembly spent considerable time and energy in trying to declare Eugene Debs a Christian gentleman by legislative action. This is not intended to cast any aspersions upon the character of Mr. Debs, many of whose qualities are admirable. But it hardly seems probable that the people of Wisconsin are greatly concerned either about his gentility or his Christianity. The senate spent hours and days indulging in nonsensical practices to postpone action on the tax bills endorsed by the administration. The joint resolutions introduced in the two houses touch on a variety of subjects ranging from the “French invasion of the Ruhr” to “undemocratic social functions at the university. ” The Eighteenth Amendment and the Volstead Act are exceeded perhaps only by the birthday felicitations in the number
DURATION OF SESSION AND AMOUNT OF LEGISLATION, 1905-1923
Year Length of session in calendar days No, measures passed
Bills Joint resolutions
1905 163 days 523 16
1907. 189 “ 876 40
1909 156 “ 550 60
1911. 185 “ 665 79
1913 213 “ 778 45
1915 223 " 837 34
1917 187 " 679 36
1919 203 4‘ 703 23
1921 184 “ 591 61
1923.,

The unlimited session has its disadvantages as well as its advantages. Feeling that they have unlimited time at their disposal, legislators are tempted to indulge in dilatory practices and give attention to inconsequential matters in a manner which would not be possible if the session were terminated on a definite date. During the first three months of the recent session very little of importance was accomplished. Much time was wasted in discussing irrelevant matters. The as-
of resolutions which they have inspired; and national prohibition, being a more controversial subject than birthdays, the resolutions dealing with it have required more time. Birthday greetings are read and adopted; resolutions dealing with prohibition are read and debated.
MERITS OUTWEIGH DISADVANTAGES
But while it is reasonable to assume that the unlimited session encourages delay, it nevertheless has its merits,


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and these probably outweigh the disadvantages. Due to the growing complexities of modern life, state legislatures have to face more and more problems. The table above shows that, not only has the length of the session increased, but there has been a marked increase in the number of bills enacted. From 1890 to 1905 no Wisconsin legislature enacted more than five hundred laws. Since 1905 no legislature has enacted less than that number. There is need for more legislation to-day than there was a half century ago, and more time is required for lawmaking. In a number of states the length of the legislative session is fixed by the state constitution. The time specified might have been enough when the constitution was adopted, but may be hopelessly inadequate to-day. The practice of resorting to such subterfuges as the observance of “ legislative days ” in some states where the sessions are limited indicates that the time allowed is too short. In the Wisconsin legislature, with its unlimited session, there are delays. It is difficult finally to settle a question. A bill may be indefinitely postponed and later brought up for reconsideration and passed. However, when the legislature finally adjourns it has had ample time to give full consideration to measures, it has not been too crowded during the closing days of the session, and the enactments are reasonably in line with the general wishes of the legislators. Unquestionably the tendency is for the sessions to become too long. This works a hardship upon the members and is a strain upon the patience of the public. The session would probably be shortened if there were a real party organization and party leadership to expedite matters. To limit it to a definite number of days would probably be a mistake.
NEED FOR PARTY ORGANIZATION AND PARTY RESPONSIBILITY
This paper was begun with the assertion that the present legislature of Wisconsin is a disappointment. After having surveyed the organization of the legislature and the agencies for expediting and improving legislation, this assertion may seem paradoxical. Here we have a legislature composed of a hundred and thirty-three members, most of them able and competent, all of them apparently honest and anxious to serve their state and their constituents according to their best judgment and abilities. They are organized under a parliamentary system which it has taken centuries to develop; they are surrounded by experts in the mechanics of lawmaking; they are afforded every material convenience to expedite their task. In spite of all this, the present legislature has not accomplished what its friends had hoped in the way of constructive legislation. The difficulty seems to be that the legislature is a group of individuals attempting to work together without accepted party leadership in the chambers, without common principles, and without a definite purpose.
PARTIES LOOSELY ORGANIZED
What is seriously lacking in the Wisconsin legislature—and it has been lacking for years—is that peculiar unity of purpose, selfish though it be, which comes only with party organization and party responsibility. With the exception of the small group of socialists, there is no working organization along party lines. The disparity in party strength is such that party organization seems hopeless to minority parties and needless to the majority party. This disparity, while accentuated in the present legislature, is characteristic of the political situation


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in the state during the last three decades. The following tables show the relative strength of political parties in the last ten legislatures:
PARTY STRENGTH IN THE ASSEMBLY, 1905-1923
Year Republicans Democrats Others
1905 85 11 4
1907 76 19 5
1909 76 19 5
1911 59 29 12
1913 57 34 9
1915 62 30 8
1917 79 14 7
1919 81 4 15
1921 92 2 6
1923 89 1 10
PARTY STRENGTH IN THE SENATE, 1905-1923
Year Republicans Democrats Others
1905 28 4 0
1907 27 5 1
1909 28 4 1
1911 27 4 2
1913 23 9 2
1915 22 8 3
1917 24 6 3
1919 27 2 4
1921 27 2 4
1923 30 0 3
It has been the experience of every representative government that some extra-governmental agency is necessary to formulate policies, to nominate candidates, and after securing control of the government to assume responsibility for its policies and for the conduct of its personnel in official positions. The political party has filled this need, and although criticised as inimical to democracy it has always appeared as an essential agency of popular government. To-day it is frequently lamented that the major parties do not stand for any definite distinguishing principles, and it is asserted that parties should represent distinct interests and issues. It is hopeless to realize this ideal. Party affiliations are largely determined by accident of birth and environment.
If ten thousand people from all classes of society were selected by lot and placed on one side of a street and ten thousand selected in the same manner and placed on the other side, it would not be expected that one side would differ materially on issues from the other, or would be actuated by different motives or principles. Party adherence is almost equally accidental, and it is childish to suppose that a group of a hundred thousand Democrats should differ radically from a group of a hundred thousand Republicans on definite issues or policies. Nor is it important that they should differ on rational questions. Elections are determined, not by rational, but by emotional reactions. The important thing is to have two parties, the “Outs” and the “Ins,” the one seeking to retain control of the government, the other seeking to gain control. If the people are dissatisfied with one they can select the other. This simplifies matters. The party must stand or fall on its record. When such a condition prevails, the interests of the legislator and his party tend to become one. An organization must be kept up, comprises must be reached within the party, and a working machine under a trusted leadership must exist. The situation in the Wisconsin legislature is the very opposite of this. With the exception of the Socialists, there is no party organization and no recognized party leadership within the legislature.
HISTORY OF PARTIES IN WISCONSIN
It is impossible here adequately to consider the political history of Wisconsin which has culminated in the present situation. It must, however, be given a brief mention. Since the Civil War Wisconsin has been a Republican state. The Democratic party, however, until recently, maintained a party organization and occasionally


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elected congressmen, and other important officials. Twice it succeeded in getting control of the state government. Up to 1904 the political campaign was waged between the Democrats and the Republicans. With the emergence of Senator LaFollette there occurred a split in the Republican party. Unfortunately this breach developed about the same time that the convention system was abandoned for the direct primary, and consequently no common meeting place has been afforded where those who style themselves Republicans can convene and settle their difficulties in a spirit of honest compromise. The last Republican convention was held in 1904. It was hardly a party convention. In many respects it resembled a glorified Donnybrook Fair, and it ended in a bolt. Since then there have been two factions in the Republican party. They have called themselves by different names, and have characterized each other by various epithets. The appellations are unimportant. The truth of the matter is that one group might be termed the LaFollette faction and the other the Anti-LaFollette group. The magnetic and dominating personality of Senator LaFollette has been the center of the political arena. Wisconsin has the “open” primary where a voter may secretly vote in any primary he chooses. The only conventions of any importance held during the last decade have been Republican factional conventions. The result is that the Democratic party has disintegrated, its former adherents voting with one or the other of the Republican factions.
The election of 1922 was an overwhelming victory for the LaFollette faction. It was the first time since the breach in the Republican ranks that one faction of the party gained complete control of all branches of the
government. One would expect this to bring about a harmonious functioning of the agencies of the government. This unfortunately has not been the case. The reason is evident. The LaFollette movement in 1922 lacked a recognized responsible organization, and did not have a comprehensive, constructive program on which the many and varied followers of the Senator could agree. No generally representative convention was held to select candidates or formulate policies. A variety of different elements, many of which had conflicting interests, rallied to the LaFollette faction. Those associating themselves with the LaFollette group were elected to the legislature, and an overwhelming majority was realized in the assembly. By uniting with the Socialists a working majority is also secured in the senate.
NO MAJORITY OR MINORITY ORGANIZATIONS IN ASSEMBLY The LaFollette Republicans, while having an overwhelming majority in the assembly, have not perfected a working organization. They style themselves “Progressives.” But the word “Progressive” as applied to politics is merely an attitude word. It is a word to conjure with and admits of a variety of interpretations. Some of these Progressives are primarily interested in agrarian legislation; others are interested mainly in labor legislation. Some are wet and some are dry, and their views on the liquor question are likely to color their whole outlook. A large number are interested mainly in economy and inclined to disregard how that economy is to be realized. Yet it is difficult to reconcile radical retrenchment with a progressive program. One member openly boasts that he is carrying out his campaign pledge of voting against


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every bill which provides for an appropriation. The drys are Progressives inter alia. The wets are Progressives inter focula. They are all Progressives, but not always progressing.
No recognized leader in the assembly has come to the front to organize these Progressives into a cohesive, functioning, majority organization. They never hold a caucus. In fact the Socialists are the only members who hold party caucuses regularly to determine what stand to take on pending legislation. The drys caucus and the wets caucus, but this tends to divide rather than unite the Progressives because, like Mark Twain, they have friends in both places. The lone Democrat in the assembly was elected, not as a follower of Andrew Jackson, but as an opponent of Andrew Volstead. In an assembly representing so many conflicting interests it is impossible to organize the members into a majority group and a minority group. A majority will stand together on one question and rearrange itself on another. A vague majority organization seems to exist by a combination of the administration forces and the wets.
A still more vague minority has occasionally formed in opposition to the administration. This minority is made up of the handful of so-called “Conservatives,” the ten Socialists, and the drys. Such a minority, of course, is not capable of working together. Not only does it group the Conservatives and the Socialists together, but it places the Socialists with the drys, and all the Socialists members come from Milwaukee and wish to see their city famous again. But this majority and minority are not to be taken seriously. The situation is cited to show that there is no real working majority or minority organization in the assembly.
In the senate there is a real opposi-
tion. The anti-administration group has fifteen members. The administration forces also have fifteen, and there are three Socialists. The division is so close here that one never knows in advance what the senate will do. The administration forces must maintain a working agreement with the Socialists if they are to retain a majority. If they lose one vote they are shaky; if they lose two they are lost. The anti-administration members, realizing that in unity there is strength, have stood together. The administration supporters have frequently disagreed among themselves and lost the day. Even in the senate, where the forces are almost equally divided, there is a failure to effect compromises within a group and thus maintain a working majority organization.
The Wisconsin legislature is a medley of individuals, groups, factions, and conflicting interests. What is needed is a consolidation of these various individuals and groups into effective majority and minority organizations which actually have a purpose and a program. An organized minority party seems to be beyond the hope of immediate realization. The Democratic party is so completely demoralized that it could not fill the requirements of the election laws and had to run its candidates as independents in 1922. In more than half of the assembly districts the Democrats did not run a candidate for the assembly. Some former Democrats, discouraged with the petty opportunism of their party in the state and dispairing of its chances of success, have deserted it and are now serving in the legislature as Republicans. But if a continuing minority party cannot be restored, something must be done with the majority party. Able leadership in the legislature is needed to consolidate the various interests now making up the Republi-


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can party into really effective majority and minority organizations. Real progress means the formulation of a constructive program based upon sound principles and an organized effort to attain the goal. It matters nothing under what banner the organization works. Until it has a program and leadership to carry it out, a legislature can never be progressive. Retrenchment is not progress. It is another word for reaction. During the present session there has been initiated a constitutional amendment providing for the initiative and referendum. It is advanced as a progressive measure, but if adopted it will probably be a disappointment to its proponents. It is
likely to prove but another way to shift responsibility from the legislature to the people. Legislators are prone to vociferate about the wisdom of the people, but they fail to observe that their own election is sometimes positive proof of the fallibility of the electorate. Nothing is to be gained by shifting the responsibility from the legislature to the voters. What is needed is an organization in the legislature which will assume collective responsibility for its actions and be answerable to the people for what the legislature has done or has failed to do.2
2 The author is indebted to Mr. Waldo Schumacher for much of the statistical material contained in this paper.
THE INITIATIVE AND REFERENDUM IN THIRTY-SIX AMERICAN CITIES,IN THE YEARS 1921 AND 1922
BY E. L. SHOUP Western Reserve University
A review of the initiative and referendum in cities with full statistical tables. :: :: :: :: :: :: :: :: :: ::
Thomas Hobbes attributed to mankind “a perpetuall and restlesse desire of Power after power, that ceaseth only in Death.” If the use made of the initiative and the referendum in the years 1921 and 1922 in thirty-six cities chosen at random from all parts of the United States is typical of the desire of the electorates for the exercise of the legislative power, it is evident that Hobbes has overstated the case against “the mob.” Just as far adrift were those enthusiasts of a decade ago who asserted that law-making directly by the people must eventually overshadow that by elected representatives. Nine-
ty-five measures were voted on by these cities in two years, of which fifty-one carried and forty-four were rejected. Although the power was their’s for the taking, the electorates of only twenty-one cities, of the thirty-six examined, availed themselves of it. Nor did they clamor for corn and wine and games at the public expense and vote them to themselves! In fact Grand Rapids and Omaha rejected propositions to provide free public receptions, entertainments, and concerts!1
These figures do not represent the 1 Full statistical tables are given on pp. 616 to 662.


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full amount of direct legislation in which the people of these cities participated for, naturally, state and county measures were not included. Those bond issues and tax levies for municipal purposes which the state constitution or the city charter requires to be submitted to the people have also been omitted; but those coming up in the form of an initiative or referendum ordinance have been included.
The thirty-six Initiative and Referendum cities chosen represent all sections of the country and all sizes of municipalities from the fifteen thousand of Albuquerque to the nearly a million of Detroit. While the number used is not sufficiently large to warrant an attempt to draw detailed conclusions, some general tendencies are unmistakable. In general, it does not seem that the size of the city has much to do with the frequency of the use of the initiative and the referendum. If the fourteen smaller Ohio cities given in a separate tabulation were included, the odds would be with the large cities. With respect to geographical sections, the greatest use was made in the Pacific and Mountain states, followed in order by those of the north central region and of the northeast; while the old South made use of them the least.
Only eight of the thirty-six,—Albuquerque, Dayton, Grand Rapids, Jack-son, Norfolk, Phoenix, Sacramento, and Wichita, were under the commission-manager form of government during the period of the survey. It may be only a coincidence that but three of these had initiative and referendum elections and that a total of only ten measures, six of them in one city, Grand Rapids, were voted upon. Sacramento passed an initiated ordinance prohibiting one-man cars and shortly afterwards found it necessary to call another election to vote on its repeal because of a threatened increase
in fares. Its third measure was a rejection of a prohibition enforcement act, known as the “Little Volstead.” Dayton voted on a charter amendment involving the abandonment of the commission-manager plan of government.
In theory a chief function of the initiative and referendum is to furnish a means for an appeal to the people when, as in the ^payor-council type of government, there is a deadlock between the two organs which jointly hold the supreme power. It would follow that when there is a centralization of power and responsibility as in the commission-manager plan, the use of direct legislation would be restricted to special questions of such a weight or nature as could best be passed on by the electorate directly; or, that it should be used as a weapon by the opposition in the council when they believe the majority of council is no longer representative of the popular will. All that can safely be said here is that the city manager cities have apparently made a smaller use of the initiative and referendum than those where the orthodox scheme of the separation of powers prevails.
POPULAR PARTICIPATION IN DIRECT LEGISLATION
Lord Bryce’s parting words to the coming generations were not to despair of Democracy so long as there is a popular interest in the affairs of government. How is it with the American cities? The proportion of those voting on initiative and referendum measures to the total population varies all the way from 5.2 per cent in Duluth to 27.6 per cent in Cincinnati and 27.8 in Day-ton. The average for the twenty-one cities is 15.8 per cent. While this seems small, it can only be judged when placed in comparison with typical votes of the same cities for some elective


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officer. Upon such comparison, it is found that in every case but one, the average number of votes cast in the initiative and referendum elections is less than those for the elective office.
The disparity, however, is not of an unreasonable amount: the average of the former is but 27.9 per cent less than that of the latter. Or, by another mode of comparison, the average vote for the elective officer is 21.9 per cent of the total population; while that for the initiative and referendum measures is 15.8 per cent of the total population.
The reason for the difference probably lies deep in human nature;—the universal existence of an innate gossipy streak which inclines people to be more interested in persons than in issues. Do these results indicate a hopeless shiftlessness in the populvs as respects participation in direct legislation? The facts are here—, each one may interpret them for himself. But it would not seem that the voters are lazy unless one assumes the same also for the popular election of public officials, which few are prepared to do. It cannot reasonably be contended that the average vote on these ninety-five initiative and referendum measures under present conditions of society is so small as to make them less than a mandate from the people.
KINDS OF QUESTIONS
The ninety-five measures voted on represent a wide variety of subjects. In their essence, they comprise matters which are, technically speaking, constitutional (charter) laws, administrative regulations, and ordinary legislative enactments. Ideally, class one are proper subjects for the electorate to pass upon directly, while all of class two and most of class three could better be performed by the city government itself if capable, responsible, and representative.
Formally, the questions show a marked preponderance in favor of charter amendments in the ratio of more than two to one. On first glance it might be assumed that this was to be expected since constitution- or chartermaking lends itself better to popular control than the making of ordinances. But further examination shows that the distinction in this case is only nominal. Many that were submitted as charter amendments could just as well have been submitted as ordinances: they are indistinguishable in substance.
Thirty-three, or about a third of the measures may be classed as political. These have to do with elections, the disposition of the powers of government, their shifting from one officer or department to another, the making of wards and precincts; and general matters of policy. The next most numerous group, twenty-four in number, concern public utilities, both privately and municipally owned, and other public property. Eighteen are classed as financial. The thirteen classed as social include such various matters as community houses, free concerts, and the public schools. The last and smallest group of seven are laws of a restrictive nature and properly speaking are exercises of the police power of the state.
POLITICAL QUESTIONS
The commission-manager form of government was up for consideration in four cities. It was adopted by Cleveland, but turned down by Denver and Pueblo; while Dayton refused to abandon it. Des Moines voted to permit candidates for the commission to state their preference for the headship of one of the administrative departments. Lincoln, Nebraska, carried an amendment to permit the electors to indicate which one they prefer for mayor, when voting for eommis-


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sioners. A number of questions of a nature too complex and detailed to be discriminatingly considered by the electors were before the people of San Francisco in its regular municipal election in December, 1922. Notably, were important changes in the civil service laws, the reorganization of the police court, and the creation of a public utilities commission. Happily, the most questionable of these were defeated. Among the eleven measures on the ballot in the May, 1922, election in Denver, were a number which on their face bore the impress of personal and class interests or were of a “ripper” nature. All of these, too, were overwhelmingly defeated. An initiated ordinance to set a minimum wage of five dollars a day for laborers on city work, with a Saturday halfholiday in the summer months and establishing the eight-hour day, was among those defeated in Denver.
PUBLIC UTILITIES
Public utilities and city properties were the subjects of considerable legislation. These included for the greater part, franchises, extensions, improvements, and rate regulations. Public ownership fared rather well. Buffalo voted overwhelmingly to petition the state legislature for permission for the city to own and operate bus lines. Lincoln gave permission to the council to own and operate a municipal coalyard. San Francisco, which had had some experience with municipally owned car-lines, voted to allow the city council to purchase and operate any part or all of the street railway system. In Detroit the street railway ouster ordinance carried, as well as the one ordering the city to purchase and operate the system. The only set-back was in Lowell, Massachusetts, where a proposition to acquire, maintain, and operate a municipal gas plant was defeated.
FINANCIAL
No innovations are found in the various financial measures. Buffalo refused by a large vote permission to the board of education to determine the amount of school bonds to be issued without limitation by the city government. Detroit provided for the payment of the taxes in two semi-annual installments. Duluth set a fifteen dollar per capita limit on taxation for general government purposes. San Francisco created a bureau of supplies to facilitate centralized purchasing, and explicitly interpreted the charter to permit the expenditure of funds for the construction and maintenance of highways outside the corporate and county boundaries. The same city decisively defeated an ordinance setting a salary scale for the principal officers.
SOCIAL AND POLICE
Only about one-fifth of the measures fall under this classification. Grand Rapids rejected an ordinance to provide free community concerts; while Omaha rejected a similar measure as well as one for free nursing. Two cities voted on the question of daylight saving,—Buffalo sustaining such an ordinance then in existence and Milwaukee adopting one by a close vote. Grand Rapids by a three to one majority adopted an ordinance punishing frauds in the local elections. Los Angeles by the initiative carried the repeal of two ordinances which had granted permission to certain private parties to erect buildings over certain public alleys.
THE OUTCOME OF THE VOTING
It does not seem that there were many cities in which measures were submitted on which because of their nature or number a passably intelligent judgment might not have been given


614
NATIONAL MUNICIPAL REVIEW
[October
by the electorate at large. Conspicuous examples of the contrary were San Francisco and Denver. At the regular municipal election in the former, no fewer than twenty-three questions, of which all but one were charter amendments, were submitted. An election pamphlet of thirty-one pages was required to contain the text. They covered a wide range of subjects, were for the greater part unrelated to each other, and could not have been understood without such a detailed knowledge of the charter as could be expected of few voters. Much the same was true of the eleven charter amendments and ordinances in the Denver election of May 17, 1921.
Twenty-one out of the thirty-two, or 66.6 per cent, of the measures placed on the ballot by the initiative failed of passage, as compared with twenty-three out of sixty-three, or 36.5 per cent, placed there by the referendum. That is, the voters were almost twice as much inclined to reject measures originated by themselves as those by the city council. It would be pre-sumptious to attempt to pass a judgment upon the wisdom of the votes on individual questions without an intimate knowledge of the local situation and issues. But some general prima facie conclusions may be drawn. That the voting in general was conservative is evident. Almost as many of the measures were defeated as carried, the outcome for charter amendments and ordinances being about the same. Whenever they were so numerous or intricate as to puzzle the voter, he seems to have adopted in defense the slogan, “When in doubt, vote No.” Three amendments in the San Francisco election emasculating the civil service law were smothered. Another authorizing the board of park commissioners to build garages in the public parks or grant fifty year leases to private parties
for the same purpose met a like fate. All eleven of the Denver proposals, several of which might have had merit, were defeated by majorities running all the way from two to one to five to one. The soundness of the charter amendment adopted in Lincoln, a commission governed city, in which the designating of a commissioner for mayor is transferred from the commission to the voters, may well be questioned. In general, however, one gains the impression that the voting by the electorates on these ninety-five questions was at least as satisfactory and sound and well-considered as could be expected from the average American city council.
THE INITIATIVE AND REFERENDUM IN FOURTEEN OHIO CITIES IN
1921 AND 1922
The results for fourteen Ohio cities, not included in the foregoing list, for the years 1921 and 1922, show some variations from those for the nation at large. All of these cities with the exception of two, Barberton and Lancaster, have in excess of twenty thousand population. They have the initiative and referendum either by charter or under the general code of the state. Only eight measures were voted on in the two years, that is to say, a ratio 78.4 per cent less than for the thirty-six. The chief reason for the difference doubtless is their smaller average size which brings about more intimate contacts between the citizens and officers and makes for more responsible government. On the other hand, several have not availed themselves of the opportunity, afforded by the state laws to frame and adopt their own charters. Such cities are still less apt to make use of the initiative and referendum, a device handed down to them from above by the state legislature and constitution.


1923]
INITIATIVE AND REFERENDUM
615
This accounts in part, too, for the further difference that no charter amendments are found among the eight measures.
The ordinances cover the usual range of subjects. East Cleveland, a manager-commission governed city, by an initiative petition forced a referendum on a new schedule of gas rates set by the commission. The latter was overruled in a warm campaign by a vote of 1,266 to 1,354. Counting all fourteen cities, three ordinances were passed and five rejected.
CONCLUSIONS
These may be briefly summarized as follows:
First. The initiative and the referendum have on the whole been used conservatively and constructively. The prevailing tone of the voting would be dominated progressive. They have not proved subversive of the existing order.
Second. They were used somewhat
less by manager-commission cities than by those under the old mayor-council plan.
Third. -The small cities used them less than the large ones.
Fourth. They were used more for the making of charter amendments than for ordinances.
Fifth. Questions placed on the ballot by the referendum were more successful in passing than those placed there by the initiative.
Sixth. The initiative and the referendum have in no sense proved to be substitutes for the work of the city council or commission. They seem to have found their niche. In the first place, they are instruments for occasional use on all sorts of questions to enforce sense of responsibility on the city government. Secondly, they provide a ready means for the expression of the popular will on certain clear-cut issues where for some reason a direct mandate from the people is desirable.


616
NATIONAL MUNICIPAL REVIEW
[October
USE OF THE INITIATIVE AND REFERENDUM IN THIRTY-SIX CITIES IN THE
YEARS 1921 AND 1922
Charter Amendments Ordinances Totals
Initiative Referendum Initiative Referendum
Carried Rejected Carried Rejected Carried Rejected Carried Rejected
AlbuQuerque
Birmingham, Ala...
Buffalo 2 2 4
Cambridge. Maas...
Charleston, W. Va.
Cincinnati 1 1
Cleveland 1 1 2
Columbus
Dayton 1 l
Denver 4 3 3 1 11
Dea Moines 1 1 2
Detroit 3 2 1 6
Duluth 3 3
Grand Rapids 1 6 2 1 10
Haverhill. Maas....
Houston. Tex......
Jackson. Mich
Lawrence, Mass....
Linooln 1 1 2
Los Angeles 1 1 2 4
Lowell, Mass 2 2 4
Lynn. Mass Mobile 1 1
Norfolk
Milwaukee 1 2 1 4
Omaha. 3 1 X 1 6
Phoenix
Pueblo. Colo 1 1
Richmond
St. Louis 1 1
St. Paul
Sacramento 1 1 1 3
San Diego 3 1 1 5
San Francisco 1 13 9 23
Spokane Wichita, Kan 1 1
6 12 30 16 5 9 10 7 95
Summary
C'.ktiTt+T Am*ndmf»ntjt Carried Rejected Total
36 15 28 16 64 31
Ordinances

51 44 95


1923]
INITIATIVE AND REFERENDUM
617
USE OF THE INITIATIVE AND REFERENDUM IN FOURTEEN OHIO CITIES IN
1921 AND 1922
(These cities were not included in the foregoing table)
Charter Amend* ments Ordinances Initiative Ordinances Refer- endum Ordinances Passed Rejected
Ashtabula 0 1 1 1
Barberton 0 0
Canton 0 0
East Cleveland 0 1 1 1
Elyria 0 3 2 1 I 2
Hamilton 0 0
Lakewood 0 1 1 1
Lancaster 0 1 1 I
Lima 0 0
Lorain. 0 0
Mansfield 0 0
Norwood 0 0
8andusky 0 1 1 1
Youngstown 0 0
0 8 5 3 3 5
SIZE OF VOTE CAST AT INITIATIVE AND REFERENDUM ELECTIONS IN THE
YEARS 1921 AND 1922
Population Vote for Mayor or Other Elective Officer 1921-22 Average Vote on Initiative and Referendum Percentage of Vote for Elective Officer Percentage Total Population
Alhuijnm'qtM 15,167 178,806 556,775 109,694 39,608 401,247 796,841 237,031 152,550 256,491 126,468 993,678 98,917
Rirm ingham Ala.. .1
Rnffnln 130,699 82,680 62.2 11.2
PiimhriHg*| \f Mfl. , ,
PhAr1«atnn| W. Va ....
Cincinnati. 134,659 111,828 83. 27.8
PUmknH 150,455 109,760 72.9 14.1
Columbus
Dayton (Governor) 63,825 42,112 40,066 23,069 107,639 5,176 65.9 27.6
Dunvur 59.350 30.350 124,854 20,377 67.3 15.6
Dm Moines, , 76. 18
Dfttmit 86.2 10.8
Duluth. 25.4 5.2
Ownwl 'R&piHfl , , , , 137,634 53,884 138,276 48,374 94,270 29,250 14,629 50. 10.6
HiLVArhill' MfiM
TTnnttnn Tat
.Taolraon, Mitth. .
Lawrence, Mass.
Lincoln. „ „ • • • 54,948 (Governor) 13,181 5,467 41.4 9.9
T sta A ngflflfl,, . . 576,073 91,838 88,427 96.2 15.3
T/ivaII Man. 112,759 99,148 451,147 24,192 8,811 36.4 7.8
T.ynnj Mam 22,654 17,133 75.6 17.4
MilwsnlrM 77,735 56,294 72.4 12.3
\fnhile 60,777
Norfolk 115,777
Omaha 191,601 54,546 40,351 73.9 21.0
Phoenix.
PiiaKIh, Colo ...... 45,581 171,667 (Governor) 7,006 6,236 89 13.6
Richmond
St. Tahiti* .... 772,897 234,698 203,340 175,364 86.4 22.7
8t. Paul (Governor) 29,653
Sft/*ram«nto .... 65,908 74,683 506,676 104,437 72,217 12,302 9,708 12,004 100,120 22,861 79.7 14.7
Snn Dingo . 9,307 128.9 16
San Francisco (President) 128,741 77.7 19.7
Spokane (Governor) 32,482 69.7 21.6
Wichita, Kan



618
NATIONAL MUNICIPAL REVIEW
[October
VOTES ON CHARTER AMENDMENTS UNDER THE INITIATIVE AND REFERENDUM IN THE YEARS 1921 AND 1922
Yes No
Albuquerque
Birmingham, Ala. Buffalo Cambridge, Mate. Charleston, W. Va.
Cincinnati
Cleveland
Establishing the manager-commission form of city government with the commiBsion elected by proportional representation 77,888 38.204
Columbus
Dayton To re-establish the mayor-council form of city government 16,159 25,933
Denver
Changing the relation of the election commission to the oity government and naming Res B. Yeager commissioner for a term of six years Validating and confirming all city and county bonds heretofore issued Creating a municipal building commission and naming three men to fill it, and providing for the erection of a city hall 6,438 34,545
6,874 32,303
7,784 32,303
Creating a public service board to regulate public utilities 4,266 34,703
To provide lower rents by restricting the rates on houses and personal property to ftvut-hiilf thnaA An IftnH . . i i i i i i 7,295 6,687 32,050
Permitting the board of public works in the case of local improvements paid for by private assessments either to make them by day labor under its own direction or by independent contract 29,740
Charter amendment revamping the entire charter but retaining the mayor-council form 5,430 30,477
Des Moines Providing that each candidate for the city council designate the particular department to the superintendency of which he aspires, and which, if elected, he shall fill 10,386 9,941
Detroit
Payment of taxes in two installments 36,707 46,715
Providing for twenty-four wards and twenty-four councilmen 33,990 67,878
Duluth Setting $15.00 as the maximum per capita that may be levied by general taxation in any one year excepting funds numbered 1 and 2 Providing for the issuance of not to exceed $200,000 of bonds in any one year for the permanent improvement fund * 3,586 1,610
3,512 1,655
Authorising the issuance of bonds not exceeding $25,000 for the “ Welfare Building1' 3,820 1,356
Grand Rapids
Division of city into wards and the election of various city officials 9,215 11,626
Setting a rate of interest on municipal bonds Providing a fund for receptions, entertainments, etc 8,041 6,940
6,197 8,947
Punishment for frauds in municipal elections 10,110 3,315
To permit the granting of certain franchises 6,610 2,626
6,496 2,426
6,046 2,412
Increasing the amount of street and sewer bonds 10,739 7.660
Pnmmnnit.y or»nnertS ... 8,310 9,779
Haverhill, Mass. Houston, Texas Jackson, Mich.
Lawrence, Mass.
Lincoln
Allowing candidates for council to express preference on the ballot "for mayor," the one so doing receiving the highest vote therefore, to assume the office of mayor and the department of public affairs 4,217 1,596
Authorising the city to establish, maintain and conduct a municipal coal yard.... 4,696 426
Los Angeles 38,111
Providing for firemen’s and policemen’s pensions 84,466
District representation 35,203 52,408


1923]
INITIATIVE AND REFERENDUM
619
VOTES ON CHARTER AMENDMENTS UNDER THE INITIATIVE AND REFERENDUM IN THE YEARS 1921 AND 1922—Continued
Yet
No
Lowell, Mass.
Acceptance of a charter amendment drawn up by a charter commission...........
Adoption of the mayor-council form of government defined in the General Laws of the Commonwealth............................................................
8,534
12,498
7,903
9,924
Lynn, Mass.
Mobile
Norfolk, Va. Milwaukee
Omaha
Giving the council authority to make improvements and levy assessments therefor
on their own initiative without petition................................
Creating a “Public Concert Fund” of not more than $15,000 in each year....
Providing for the financing of grading in the same manner as other public improvements ....................................................................
Authorising the council to issue bond in any amount not to exceed $25,000 in any one year without a vote of the electors for free nursing..................
Phoenix, Ariz.
Pueblo, Colo.
Providing for a city manager form of government...........................
Richmond
15,154
14.126
14,063
14.126
£,778
20,749
24.591
15,301
24.591
3,458
St. Louis
St. Paul
Sacramento
San Diego
Authorising the city to make and enforce all laws and regulations in respect to municipal affairs................................................................
Incorporating the general law of the state authorising municipalities to incur a
bonded indebtedness..........................................................
Authorising any officer having the power to employ deputies, assistants, etc., to
remove such person, giving written notice and hearing........................
Providing that the common council in granting permits or franchises for the operation of street railways shall grant them in accordance with the general laws of the state, and may enforce such terms as are not in conflict with those laws.......
San Francisco
Altering the civil service provisions; making the auditor, assessor, county clerk, city attorney, sheriff, treasurer, tax collector, recorder, public administrator, ana
coroner elective.............................................................
Providing that any person who has been serving as assistant deputy coroner (female) continuously for one year prior to the adoption of this amendment is hereby
appointed to such position...................................................
Providing that any person who has served for five years continuously prior to the approval of this act in the position of bookkeeper and cashier in the office of the sheriff is hereby appointed to the positions; and the positions named are placed
in the classified civilservice............ ..................................
Making all meetings of city boards and commissions excepting special meetings of
the civil service commission open to the public. ;...........................
Making final the judgment of the boards of police commissioners and the fire pension fund commissioners in determining when a disability has ceased upon which a
pension has been granted.....................................................
Giving the chief of police power to detail members of the police force for detective
duties and providing for the r organization and salaries.....................
Making the general election laws of the state applicable to the city elections and providing for the registration of voters at places outside the city hall..........
Providing that the general election laws of the state shall apply in the city in certain
particulars if voting machines are used......................................
Declaring foreign trade zones located in the city and county by authority of congress
public utilities.............................................................
Interpreting the charter to permit the expenditure of city and county funds for
highways without their limits.............;..................................
Permitting the board of supervisors to establish and publish the “City Record”.. Placing the Hetch Hetchy electric power project and public utilities for the furnishing and delivery of water outside the 15 per cent limit on bonded indebtedness; and permitting the disposal of surplus water and electric energy outside the city and
county limits................................................................
Giving the board of park commissioners complete and exclusive control and management of the city parks, squares, avenues and grounds.............................
7,220 2,927
6,447 3,358
6,984 3,360
6,489 8,952
20,943 90,303
47,945 53,886
49,549 63,188
62,659 40,500
51,527 42,777
62,659 40,500
59,092 38,055
60,669 39,742
54,833 38,830
69,351 35,675 31,628 58,082
37,061 59,410
54,891 44,248


620
NATIONAL MUNICIPAL REVIEW
[October
VOTES ON CHARTER AMENDMENTS UNDER THE INITIATIVE AND REFERENDUM IN THE YEARS 1921 AND 1922—Continued
Yes No
San Francisco—Continued Permitting the board of park commiaeioners to erect automobile garage or parking stations in the “ sub-park ” spaces in public parks and squares, or to lease it for such purposes for a period not to exceed fifty years
45.148 51,771
Reorganising the police court 43,202 00,522
Authorising the board of supervisors to repay taxes collected even though no protest had been made if the tax levy was later declared unlawfully made by a state or federal court; and to levy a general property tax to refund the amount of the illegal tax levied and collected Authorising the sale of city and school lands and providing a procedure therefor... 45,055 48,021
60,385 38,015
Authorising the board of supervisors to oreate by ordinance a public utilities commission to be appointed by the mayor 44,124 51,969
Fixing the salaries of the principal city and county officers Creating a bureau of supplies as a central purchasing agency for all city supplies... Authorising the city ana county to purchase land outsidetheirlimitsfortuberculosis hospitals and for the erection and maintenance of hospitals thereon 39,409 62,175
53,193 42,612
89,301 20,376
Authorising the city and county to purchase the whole or any part of the street nilwAy« . . . . 74,683 15,456 38,758 7,203
Spofcoas, Wash. (Charter Amendment—text unavailable)
IFicAita, Kan.


1923]
INITIATIVE AND REFERENDUM
621
VOTES ON CITY ORDINANCES UNDER THE INITIATIVE AND REFERENDUM IN
YEARS 1921 AND 1922
Yes
No
Albuquerque Birmingham, Ala.
Providing that the city shall build a water filtration plant to cost from $4,000,000 to
$4,500,000.................................................................
Repealing the ordinance establishing daylight-eaving time.....................
Empowering the board of education to determine the amount of school taxes to be levied and the amount of school bonds to be issued without limitation or reduction
by the city government.....................................................
Authorising the city government to prepare and present to the state legislature a bill giving the city of Buffalo the right to aoquire, own, maintain, and operate bus lines within the city; and to permit and to lioense the operation of bus lines by others without the restrictions of Sections 25 and 26 of the Transportation Corporation Law..........................................................................
Cambridge, Maes.
Charleston, W. Va.
44,108
37,608
12,355
56,331
28,648
57,978
70,174
23,428
Cincinnati
Extension of city car line to the corporate limits
50,133
61,695
Cleveland
Regulating the charges for gas Columbus
55,955
27,473
Dayton
Setting a minimum wage of five dollars per day for all laborers engaged on oity work
and providing for a Saturday half holiday.......................................
Providing for daylight-saving......................................................
Setting a seven oent street-car fare...............................................
Repealing an earlier ordinance setting a six cent street-car fare.................
14,785
10.575
10.575 8,519
32,941
29.599
29.599 30,060
Dee Moines
Street car franchise election.
16,907
8,904
Detroit
Street railway purchaae-at-cost and option to purchase..
Dix-Waterloo-Highway...................................
High Street highway initiative ordinance...............
United Railway ouster.................................
52,673
65,809
50,468
72,268
92,060
40,364
30,550
36,353
Duluth
Grand Rapid*
Granting a street railway franchise Haverhill, Mass.
Houston, Texas
13,413
5,399
Jackson, Mich. Lawrence, Mass. Lincoln
Los Angeles
Repealing an ordinance granting private parties permission to erect and maintain a building over a public alley connecting two buildings owned or leased by one
interest....................................................................
Another like the above........................................................
Lowell, Mass.
Specifying a procedurefor the granting of contracts for street construction The acquisition, maintenance, and operation of a municipal gas plant....
Lynn, Mass.
Acceptance of an act of the general court relative to the salary of the members of the commission on drainage.................................................
24,939
26,291
9,202
4,722
5,601
45,859
46,430
9,846
8,819
11,532
Mobile Norfolk, Va.


NATIONAL MUNICIPAL REVIEW
622
[October
VOTES ON CITY ORDINANCES UNDER THE INITIATIVE AND REFERENDUM IN YEARS 1921 AND 1922—Continued
Yea No
Milwaukee Daylight uving ...... 29,890 32.519 23,133 26,284
Levy and collection of a tax for school purposes
Levy and collection of a tax for the establishment of a trade school 28,746 27,935
Levy and collection of a tax to provide a public land fund 28,248 28,420
Omaha Authorising bonds to build a free bridge between Omaha and Council bluffs 24,200 26,615
Bonds to repair the city gaa plant 33,626 14,965
Phoenix, Ariz. Pueblo, Colo. Richmond St. Louie Setting eight houn as a day's work for the permanent employees in the classified service of the city 117,552 6,148 57,812
St. Paul Sacramento Prohibiting one man cars 5,663
He pealing the above because its enforcement would cause an increase in fare from five to seven oents - 4,580 4,075
The "Little Volstead" Act—enforcement of the prohibition act 2,949 5,708
Son Diego Granting a street railway franchise for a certain street to the highest bidder 7,178 7,107
San Francieeo Directing the city council to memorialise Congress to modify the Volstead Act so as to permit the sale of light wines and beer 77,282 32,807
Spokane Wichita, Kan.


ITEMS ON MUNICIPAL ENGINEERING
EDITED BY WILLIAM A. BASSETT
Engineering and Inspection Expense an Essential Part of Local Improvement Costs.—The
practice of assessing on property benefited by local improvements either the entire cost entailed by such a work or a portion thereof, is largely followed at present by communities in financing such improvements, but frequently the expense of providing engineering and inspections! service in the prosecution of this work is not included in the cost figure used as the basis of assessment. In fact, in certain states the courts have ruled that the inclusion of these items and the cost of the work is not permitted under the laws governing special assessments.
The Illinois supreme court in 1922 rendered a decision to the effect that engineering and in-spectional service furnished during the construction of public improvements which are to be paid for out of special assessments do not constitute a part of the cost of such work. This decision made it necessary to provide funds for such purposes out of current revenues and constituted a serious disadvantage particularly to smaller communities.
Under the most favorable conditions it is frequently difficult to secure adequate funds for those purposes as it is difficult for the public official and ordinary citizen to appreciate the important bearing that adequate engineering supervision over public improvement construction has to the accomplishment of satisfactory and economic improvements. In Illinois this decision of the court created a situation demanding remedy, and largely through the efforts of the Illinois Society of Engineers a bill permitting municipalities to include engineering and inspection as items in the cost of local improvement work was introduced into the state legislature and favorably acted on during the past year. This recognition of the principle that the expense incurred in the preparation of plans and furnishing engineering and inspectional service is an essential element in the cost of any public improvement, constitutes a real accomplishment. It reflects credit on those who prepared thd bill in question and secured its enactment. The need for local improvements is a current one and
affects all communities. Obviously, a sound policy both in the planning and financing of these improvements is of the outmost importance, both to secure adequate facilities and to provide for an equitable distribution of the financial burden entailed. The most practical method of financing local improvements is in general by means of special assessments. Suitable legislation is an important element in facilitating the carrying out of any assessment policy. The law passed by the Illinois legislature is a step in the right direction.
*
State Control over Type of Municipal Sewage Disposal Plants.—The New Jersey state board of health on July 81 refused for the second time to approve plans for treating the sewage of Trenton by the direct-oxidation or lime-electrolysis process, and the New Jersey court of chancery so modified its injunction requiring the city of Trenton to stop polluting the Delaware River with sewage as to give the city until July 31, 1924, to submit plans for sewage treatment works and until August 1, 1925, to build the works. This action is of particular interest both on account of the reasons for taking it and the insight it affords with respect to the scope of jurisdiction of the state board of health of New Jersey over matters of municipal sewage disposal. The reasons for the action taken by the state board as presented in a resolution adopted on May 1, 1923, in brief were as follows. Objection was taken to the method of treatment proposed on the grounds that “ the direct oxidation method of sewage treatment is still in an experimental stage and has not been demonstrated as a practical and continuous method for the treatment of sewage/* Greater emphasis, however, was given by the state board to the opinion that the method of treatment proposed by the city was unduly expensive, it being entirely possible with a less costly plan, that of sedimentation, to provide the degree of purification required to meet local conditions for “at least ten years and probably for considerably longer.”
There is an economic issue as well as one
623


624
NATIONAL MUNICIPAL REVIEW
[October
affecting public health and general community welfare involved in the Trenton case which is of interest to all state health boards as well as communities facing the necessity of providing sewage disposal facilities. This is the matter of conserving the expenditure of public funds for the latter purposes while ensuring adequate protection. An illuminating editorial comment on this issue in its relation to the Trenton situation appeared in the Engineering News-Record at the time the first decision of the state board of health was made public. From this the following extracts are taken:
So far as reasonably possible every state health board should consider all the sanitary and public-health needs of a community before sanctioning the expenditure of money for any purpose on sanitary or public-health grounds, in order to make sure that money so spent would not yield larger and better results if devoted to some other purpose. This is all the more important when a city submitting plans for sewage treatment is doing so under compulsion from the state board of health, which is true in the Trenton case to the extent of years of prodding by the board, sharpened and strengthened last year by a court order at the board’s instance requiring Trenton to stop polluting the Delaware within eighteen months. This prodding and court order make the New Jersey state board of health a partner in placing the burden of sewage-works construction and operation on the taxpayers of Trenton. The board, therefore, should make sure that the burden is no heavier than local conditions demand, and rightly refuse to accept plans drawn to fulfil an idealistic conception of sewage treatment, but providing, to meet that ideal, a method of disposal which the board regards as still in an experimental stage. The stand of the state board of health of New Jersey is commended to the attention of any board elsewhere which is acting on the principle that its jurisdiction over water and sewage treatment plans ends with judgment as to whether the plans will be sufficient instead of extending to their possible overelaborateness and the city’s needs for more vital improvements or services.
*
Unregulated Competition a Hazard in Public Works Contracts.—Low bids for public works construction are admittedly desirable from every point of view, but too low bids, particularly when resulting from unregulated competition, are in the long run disadvantageous to all parties concerned. A timely illustration of the soundness of this doctrine is given in the experience of the past year in the important field of highway construction. There is food for thought, both for the public works official and the contractors doing public work, in the editorial comment on
this subject appearing in the Engineering News-Record. This comment is in part substantially as follows:
Low bids characterized highway contracting in 19*2. This was particularly true of the early-season contracts. In Wisconsin, which is logically a low-cost state in road construction and where practically 90 per cent of the year’s mileage was put under contract prior to May IS, there was a drop of about 30 per cent below 1921 bidding prices. In other states a similar if not an equal decline was exhibited by the bids submitted at the beginning of the year. As the season advanced and bad weather, poor railway service, higher prices and increased wages came along, bidding prices soared to a height not so far below those of 1921. Probably not all the low-price work was completed at a loss, but it is certain that not much of it paid a reasonable profit.
Why did prices for road construction take such an extraordinary drop a year ago? We have the best explanation perhaps in a statement by H. J. Kuelling, highway construction engineer, that an influential reason for the low prices in Wisconsin was that “news of profits made in 1921 became noised about with the result that many new contracting firms sprang into being over night.” The competition of these newcomers confident in their estimates predicated on the weather, wage, price and transportation conditions in 1921—one year in a decade in its conjunction of conditions favorable to construction operations—stampeded road contractors into a slaughter of prices which astounded the engineers who were taking the bids. Fear of being without a contract again demonstrated its power to fix the charge for doing work. Other influences contributed, but they were largely fugitive. .
The lesson is plain. In a stabilized industry the conditions indicated could not exist. Highway contracting is not stabilized. It lacks definitive knowledge of equipment performance, relative efficiency of methods and reasonable costs. It has not evaluated the influences that control progress. It has accumulated no general fund of quantitative information which indicates the boundaries of prices and profits. It has no established business policy. Its practices are individualistic and erratic. What happened early in 1922 is a natural consequence. It will happen again and again until contractors organize to stabilize their business policies and to determine the efficiency factors of their tasks.
The Editor puts the problem of correcting the conditions noted squarely up to the contractors and justly so. However, it should be recognized that the public official and particularly the municipal county or state engineer shares with the contractor responsibility for guarding against the occurrence of such conditions. Carefully prepared estimates, designs and suitable require-


1923]
ITEMS ON MUNICIPAL EM GIN EE&1M G
625
ments (or the submission of bids, together with effective systems of reporting on cost of work and the collection and interpretation of reliable cost data, are all important in giving the contractor as well as the engineer basis for sound judgment in the preparation of bids and the award of contracts. There is also merit in the use of preferred lists of bidders for contract work. Perhaps the most serious handicap under which the public official acts in these matters is the general provision that contracts must be awarded to the lowest responsible bidder. There is justification for permitting the liberal construction of this provision as a means for securing economical and satisfactory accomplishment on public works construction.
*
Fire Protection Charges a Factor in Determining Water Rates.—Any adequately designed community water-supply system includes pro-' vision for furnishing two separate classes of service: first, an adequate supply of water suitable for domestic and industrial uses; and second, a supply for fire-protection purposes. The latter obviously is in the nature of a ready-to-serve or stand-by service. The design of any system supplying both of these kinds of service demands separate consideration of their respective needs in the matter of pumping equipment required, size of mains and reserve supply. Hence the total cost of furnishing the supply will vary according to the requirements of these services. The percentage of this cost chargeable against water supply for fire protection is in all cases a substantial one and in the small communities may constitute the major portion of the total cost. In view of this fact, it is essential that in determining what water charges will ensure a proper and reasonable return for the service furnished suitable recognition be given to the cost of furnishing service for fire protection. It is rather surprising, however, that comparatively few communities base tueir water charges on a scientific allocation of expense in respect of these two classes of service, and many of these ignore entirely or make a purely arbitrary charge for fire-protection service. The subject is of enough importance to justify consideration by water-supply and other city officials, and a discussion of the requirements of sound policy in this matter by Mr. Caleb Mills Saville, manager
and chief engineer, Water-Works, Hartford, Connecticut, in a recent number of the Engineering News-Record, merits careful attention. Certain of Mr. Saville’s comments on this subject in part are as follows:
Among the ways for meeting payment for fire-protection service are; (I) A unit charge per hydrant in service. This is perhaps the most common method, although it has little or no rational basis in fact, because the number of hydrants is no measure of the amount of money invested in the water-works for fire-protection
Eses. (2) A unit charge per capita of popu-is sometimes made. This also is illogical, because there is no direct connection linking population, property value, and water department expenditure for fire protection. (3) The method most approved by public utility commissions in rate-making decisions is a composite charge consisting of a unit charge per hydrant for maintenance and depreciation, plus another unit charge for pipe capacity and other costs of excess service per linear foot of pipe in service.
The total amount which a city should pay to its water department for fire-protection service may be obtained as follows; (1) Ascertain the proportion which the extra cost of the water-supply system, due to its fire-protection service, bears to the total cost of the works. (2) Determine the annual amount necessary to operate the works, including interest and sinking fund payments, and of this total allocate that portion to fire protection which the extra cost due to fire-protection features is to the total cost of running the works.
Fortunately there are on record many rate cases where these determinations have been made, and ratios can be established for the average case which are sufficiently accurate for general use or for a preliminary estimate. These studies show that the smaller the town the larger the proportional charge for fire protection. For example, for a town of 10,000 inhabitants, 60 per cent of the total cost of the works is found to be for fire protection, while for a city of 300,000 only about 13 per cent of the total cost is thus allocated.
The only bearing that the number of hydrants has in the making up of the fire-protection cost is in the annual charge for maintenance and depreciation of these appurtenances. The method of placing a per capita charge for fire-protection service of the water department, while less in evidence than the hydrant charge, is also illogical and probably an accompaniment of the nearly obsolete fixture charge for water supply. It appears just as reasonable to charge a per capita rate for household service regardless of the amount used as to charge for fire protection regardless of property defended.
How the excess investment for fire protection shall be paid for is the question that ha3 bothered many public service commissions.


GOVERNMENTAL RESEARCH CONFERENCE NOTES
EDITED BY ARCH MANDEL
The Next Conference will meet with the National Municipal League on November 14, 15, and 16, at Washington, D. C., with headquarters at the City Club. The Conference will have the entire first day, and the mornings on succeeding days available. The executive committee will act as program committee.
*
Charles B. Ryan, for some time chief accountant of the Municipal Research Bureau of Cleveland, has resigned to become secretary of the Cleveland City Club.
*
Mayo Fesler, until recently secretary of the Chicago City Club, for many years active in civic work in St. Louis, Cleveland, and Brooklyn, has returned to Cleveland as secretary of the newly constituted Cleveland Citizens’ League, located in the Swetland Building.
*
The Detroit Bureau of Governmental Research has recently issued a number of Public Business, dealing with the finances of the department of street railways, designed to give an accurate and dispassionate statement of the financial results of municipal ownership, a subject concerning which there has been extensive controversy.
*
The Detroit Bureau of Governmental Research has had a number of recent resignations of staff members to become associated with other agencies. Mr. Percival Dodge becomes assistant secretary of the Detroit Community Fund; Mr. Robert Kneebone becomes secretary of the Charleston, West Virginia, Community Fund; and Mr. Robert Buechner becomes city manager of Grand Ledge, Michigan.
*
Hume Bacon, formerly with the Institute for Public Service, is now connected with Sanday & Company, Wheat Exporters, at 8 Bridge Street, New York City.
R. P. Farley, formerly director of the Citizens’ Research League at Winnipeg, Canada, is now editorial writer for the Philadelphia Bulletin.
*
Arch Mandel has resigned from the Detroit Bureau of Governmental Research to become director of the Dayton Research Association. The Association will do both civic and social research, and is supported by the Dayton Foundation. Dr. D. F. Garland, president of the former Bureau of Municipal Research, is president of the Association.
*
Solon E. Rose, until recently lieutenant commander in the U. S. Navy, and a graduate of the Naval Academy, has taken over the work of the Detroit Bureau relating to police and education, formerly in charge of Arch Mandel.
*
Library Material of every character will in the future be deposited with the National Municipal League. Bureaus are requested to send to the Conference secretary copies of all current reports so that notes may be nffi.de concerning them, after which such material will be forwarded to the library at New York.
*
James W. Follin, after four years of excellent accomplishment on the staff of the Philadelphia Bureau of Municipal Research, resigned on July 1, 1923, to become research engineer of the Pennsylvania state highway department. While with the Philadelphia Bureau Mr. Follin was in charge of a number of important assignments, including the significant part played by the Bureau in bringing about the transition from contract to municipal street cleaning. One of Mr. Follin’s last assignments was work in connection with the state highway system for Governor Pinchot’s Committee on Reorganization, which attracted the attention of the state authorities and resulted in his appointment.
*
Tokyo, Japan, in 1922 organized the Institute for Municipal Research under the initial direc-
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GOVERNMENTAL RESEARCH CONFERENCE
627
tion of Prof. Charles A. Beard. The president of the Institute is Viscount S. Goto, and the permanent director is Mr. K. Matsuki, to be addressed at the Yurako Building, Marunouchi, Tokyo.
*
The London Institute of Public Administration, 17 Russell Square, W. C. London, England, has as president the Rt. Hon. Viscount Haldane, and as secretary, Mr. H. C. Corner,
*
H. C. Tung, formerly a student of municipal administration at the University of Michigan, is director of a research bureau at Shanghai, China. The organization is known as the Provisional Bureau for the Municipality of Wosung, Port, 22 Kiu Kiang Road, Shanghai. *
Seattle, Washington, has recently established a bureau of research under the name of the Voters’ Information League, 801 Haller Building. Mr. Alexander Myers is president, and Mr. J. V. A. Smith, secretary.
*
The Spokane, Washington, Research Bureau is known as the Taxpayers’ Economy League, 1305 Old National Bank Building. Mr. J. J. Hammer is president, and Mr. Lester M. Livengood, manager.
*
Hart Cummin is secretary of the Tax and Economy Bureau of the El Paso Chamber of Commerce, organized to carry out the recommendations made in the recent survey of the El Paso city government.
*
James E. Barlow, city manager of New London, Connecticut, and formerly engineer of the Cincinnati Bureau of Municipal Research, has resigned.
*
The Death of Mr. John T. Child is reported with deep regret. Mr. Child was a graduate of Cornell University in 1912. Being engaged in construction engineering for five years, he joined the staff of the Rochester Bureau of Municipal Research in 1917. During the war Mr. Child was a first lieutenant of the sanitary corps. Mr. Child’s invariable courtesy and kindness endeared him to every member of the Conference.
5
A Committee on Municipal Budget Procedure to formulate next steps has been appointed by the chairman of the Conference as follows: C. P. Herbert, chairman (St. Paul); Walter Matscheck (Kansas City); Arch Mandel (Dayton); and Arthur E. Buck (New York City).
*
A Committee on Municipal Accounting Procedure to formulate next steps has been appointed by the chairman of the Conference as follows: Robert J. Patterson, chairman (Philadelphia); H. P. Seiderman (Washington); C. E. Higgins (Rochester); William Watson (New York City); and C. E. Righter (Detroit).
*
Prof. Thomas H. Reed, formerly city manager of San Jose, California, has largely taken over the work in municipal administration at the University of Michigan, carried by Prof. R. T. Crane. Professor Crane is giving his attention to other branches of politics.
*
Summer Surveys by the Institute for Public Service, Gaylord C. Cummin, C. E., in charge, include a bond study and a constructive city government survey of Woonsocket, Rhode Island, and a city survey of Brockton, Massachusetts. A build-as-you-go school survey of Mt. Vernon, New York, was finished, its main feature being answers to nine questions from the board of education, and the preparation of a list of over 200 high spots.
*
School High Spots from different parts of the country and different types of school were printed in three New York newspapers this last summer. The high spots were furnished by students at Columbia University’s summer session who visited the school text-book exhibit of the Institute for Public Service. Short paragraphs and special stories about advance steps in over twenty states showed that an experience of incalculable value is represented in a summer school if only faculties will try to bring out the best things which student-teachers have done.
*
Harry Freeman, formerly city manager of Kalamazoo, who has been representing the Upjohn Company in London, England, has returned to Kalamazoo, where he continues with the same company.


NOTES AND EVENTS
City Manager Named for Norfolk.—Charles E. Ashburner, who resigned the managership of Norfolk, Virginia, to become manager of Stock-ton, California, at a salary of $20,000 a year, has been succeeded by Colonel William 6. Causey, an engineer of wide reputation. Colonel Causey’s salary will be $20,000 a year, which makes him and Mr. Ashburner the highest paid managers in the United States.
*
Akron Drops Manager Charter.—By a majority of 172 out of 14,000 votes 6ast, the city charter of Akron, Ohio, was amended on August 14, to abolish the position of city manager and transfer to the mayor his power and duties. Whoever is elected mayor next November will have power to appoint all department heads, and will receive a salary of $7,000 per year. The vote was extremely light, only about a fifth of the registered voters taking part. A fuller account of the situation will be given in our next issue.
♦
County Grand Jury Recommends Home Rule Charter.—Another grand jury has reported favoring a change in the form of government for Sonoma County, California. It found flagrant irregularities in the use of funds running over a period of many years. A budget system is recommended and the supporters are urged to call a special election to vote on the county charter.
*
The Seattle Charter Situation, 1923.—The present charter of the city of Seattle has developed by the process of local amendment from the home rule charter adopted in 1896. In general the municipal organization provided for is of the “federal” type; that is to say, the administrative responsibility rests almost entirely in the mayor. He has power to appoint practically all department heads, with the approval of the council, and to “direct and control all subordinate officers of the city,” with a few exceptions. He has also the usual veto power over the acts of the city council, which consists of nine members elected at large for terms of three years, three being elected each year. The ward system was abolished in 1910.
Seattle has grown rapidly, and her charter-garment has not kept pace with her development. At sixteen different elections from 1900 to 1922 the voters have adopted one or more amendments. In the 1920 election sixteen amendments were adopted at one swoop. Despite these numerous changes in detail, growing pains continue to be felt. The evidences of popular dissatisfaction are numerous. Officials also, from mayors down, have had important charter changes to suggest. As long ago as the spring of 1914 a committee of the Municipal League reported its belief that “the present charter scheme of government is defective in that it separates the powers of the city government, divides authority and permits shifting of responsibility between the separate executive and legislative departments and results in continual friction between these departments.” Some of the present trouble arises from a little more friction and discord than commonly exists between these branches.
The Municipal League committee referred to above recommended the adoption of the city manager plan of government with a council of 9 to 15 members elected at large by preferential voting. A minority favored retention of the ward system. A board oi freeholders elected at about the same time drafted a new and complete charter for Seattle, covering 53 closely printed pages. This document provided for a council of 30 members elected from as many wards, although residence in the ward was not required. The mayor, elected at large, was to preside over the council without the power of voting, and was to be head of the police department. Elections were to be by a system of preferential voting. A city manager was to head the administration under the council. This proposed charter secured but little public support, and was rejected at an election on June 30, 1914.
In 1922 the Municipal League appointed another committee to consider the question of a new city charter, and again, early in 1923, it received a report urging adoption of the city manager plan. This time the committee report took the form of a completely drafted charter, with a summary of the arguments in favor of it. The draft is well phrased and reasonably brief,
628


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NOTES AND EVENTS
and follows in its main outlines the N. M. L. Model Charter. The council is to remain as in the present city government, a body of nine members elected at large. The mayor is to be chosen by this body from among its own members. He is to preside over the council, and is to sign all bills in its presence. The city manager is to be appointed in the usual manner, and has the ordinary powers. Provisions are made for the merit system of appointment, and for the initiative, referendum, and recall.
The league speedily adopted the report, and transmitted it to the city council with the request that it provide for the election of a board of freeholders to draft a charter upon the lines suggested. The time was short, however, and the exponents of the plan lacked the necessary support to have the ordinance calling the election passed as an emergency measure. The proposed charter is not much closer to a popular vote, therefore, than it was six months ago.
While other organizations have come to the support, of the manager plan, the committee of the Municipal League has reconsidered the question of tactics. The present plan of the committee is to amend the present Seattle charter by incorporating in it all the essential city manager principles, and to submit this amendment after approval by the League, directly to the council instead of asking for the elections of a board of freeholders. The council itself has power to submit charter amendments to the voters, and since a number of the present council members are favorable to the manager plan, there is reason to hope that appropriate action can be obtained from that body.
William Anderson.
*
Municipal Legislation in Illinois.—The results of the Legislative session of 1923 in Illinois were negligible viewed from the standpoint of constructive progress in the field of municipal government. The city manager bill, the proposals for uniform accounting, and a number of other forward-looking and liberalizing measures were lost. The cities and villages of the state were reduced to the desperate situation of waging a session-long struggle to prevent their revenues from taxation from being reduced two-thirds below the present level. Aside from the success attending this effort, the defeat of certain undesirable bills and the development of a spirit of co-operation and unity under the leadership of
the Illinois Municipal League were the net gains from the recent legislative experience. There were some modifications of existing laws tending to improve the provisions governing technical or procedural matters, but these were mostly of an incidental nature.
The cities formulated their legislative program at the annual meeting of the League last December, and appointed an able committee to conduct the legislative campaign in its behalf. The principal objectives were: (1) The permanent establishment of the present corporate tax rate of 1.33}. The rate lapsed back to the pre-war rate of .80 unless the legislature re-enacted the increase to the present rate and extended its operation. (2) Provisions for the establishment of uniform accounting with report to and publication by some state agency. A bill of this kind had failed at the 1921 session. (3) The amendment of the city manager act so as to give it greater flexibility and make it available to all down-state municipalities. The 1921 act was limited to municipalities qf 3,000 or less population, and set up such an elaborate and rigid departmental system that no municipality of that size could afford to experiment with it. As a result it has not been adopted by any of the several which have contemplated giving manager government a trial. (4) Certain modifications in the local improvement act, especially those relating to public benefits and engineering costs.
Out of the 1,404 bills introduced in the general assembly, 134, approximately one-tenth, directly affected cities and villages. Of those which were enacted, two modified the commission plan, two had to do with municipal elections, two altered the provisions governing the incorporation and dissolution of villages, nine amended the law relating to public improvements, twenty-three related to municipal finance, three to municipal officers, three to parks and playgrounds, three dealt with sewage disposal, and six had to do with miscellaneous matters,—a total of fifty-three new laws.
Out of this legislative struggle the Illinois Municipal League has emerged stronger than ever before in its history. The character of the situation gave it exceptional opportunity to establish its leadership and win the confidence of municipalities which were not members. The cities and villages came to appreciate the necessity of organization. On September 1, the League


630
NATIONAL MUNICIPAL REVIEW
[October
secured the full-time services of a secretary for the first time in the ten years of its organization. Moreover, the League has won the confidence of the members of the general assembly. It has been the studied purpose of the legislative committee, headed by Mayor E. E. Crabtree of Jacksonville, to seek legislative action only on matters which could reasonably be deemed to merit it, and furthermore to place the research and informational facilities of the League at the disposal of members and committees of the assembly whenever assistance was sought.
Municipal progress in Illinois comes with great travail. The state has contributed very little to the solution of municipal problems in this country, and has been slow to appropriate the solutions worked out elsewhere. For all the disappointments attending the recent legislative session, there is compensation in the awakened municipal life of the state, and in the development of channels through which it may express itself more effectively in coming years.
Russell M. Story.
STATEMENT OF THE OWNERSHIP, MANAGEMENT, ETC., OF NATIONAL MUNICIPAL REVIEW Published monthly at Concord, N. H., required by the Act of August 24, 1912
Naui or Stockholders or Officers Editor
Harold W. Dodd*
Managing Editor (none)
Business Manager (none)
Publisher, The National Municipal League { N' *
Post Office Address 281 Broadway New York
Owners (if the publication is owned by an individual his name and address, or if owned by more than one individual the name ana address of each, should be given below; if the publication is owned by a corporation the name of the corporation and the names and addresses of the stockholders owning or holding one per cent or more of the total amount of stock should be given). The National Municipal Review is published by the National Municipal League, a voluntary association, unincorporated. The officers of the National Municipal League are H. M. Waite, President; Carl H. Pforiheimer, Treasurer; and H. W. Dodds, Secretary.
Known bondholders, mortgagees, and other security holders owning or holding 1 per cent or more of total amount of bonds, mortgages, or other securities. None.
The National Municipal League. H. W. DODDS, Editor.
Sworn to and subscribed before me this 25th day of September, 1923.
HENRY J. WEHLE,
Term expiree March 30,1925. Notary Public, Queens County, Certificate Filed in New York County.
PROPORTIONAL REPRESENTATION
Best Basis for the City Manager Plan
Send 25c for Lft No. 10 (How P. R. Works in Sacramento) end new Lit. No. 5 (Explanation of Hart System of P. R.)
Still better. pin the League. Dues $2, pey for quarterly Review sad all other literature for yesr.
PROPORTIONAL REPRESENTATION LEAGUE
1417 LOCUST STREET PHILADELPHIA
GOVERNMENTAL SURVEYS
tion—Method*— Administration—Salary Standardisation —Budget Makinf—Taxation—Revenue*—Expenditure*— Civil Service—Accounting—Public Worke.
J. L. JACOBS & COMPANY
Municipal Consultant* and Engineer* Monednock Building, Chicago
(Over 21 yr».' txpnritnet in City, County and Stott 3tu4Uti


Full Text

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NATIONAL MUNICIPAL REVIEW VOL. XU, No. 10 OCTOBER, 1923 ~ ~ TOTAL No. 88 PROGRAM OUTLINE WASHINGTON MEETING-NATIONAL MUNICIPAL LEAGUE, HEADQUARTERS, WASHINGTON CITY CLUB THURSDAY, NOVEMBER 15 NOVEMBER 15-17, 1923 (Morning Sessions are in charge of the Governmental Research Conference) 9.30 A.hi. Next Steps in Budget Making-Why Has the Budget System Not Fulfilled Its Early Promise? Fundamentals of a Municipal Accounting System. Reports of Committees of GovernmentaI Research Conference, with discussion. Luncheon (Jointly with Governmental Research Conference). The Way Out for Our Street Railways. Joint Dinner with City Managers’ Association. FRIDAY, NOVEMBER 16 12.30 P.M. 6.30 P.M. 9.30 A.M. Financing Municipal Paving. 12.30 P.M. Luncheon. Consolidated Government for Metropolitan Areas. 6.30 P.M. Dinner. . Address followed by Business Meeting. SATURDAY, NOVEMBER 17 In order that those anxious to visit the various points of interest may do so without missing any of :he regular sessions, no formal meetings will be held Saturday. It is hoped that members and guests will postpone their sightseeing until the third day. Government departments are open on Saturday as on other days. Schedule your sightseeing parties for Saturday and you will miss nothing on the program.

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Many who attend A our annual meetings L$ Our WcMhinptan are interested in a Mdinp practical way in some department of municipal government and welcome the opportunity to see how it is being handled in another city. This year the League and the City Managers’ Association (our conventions overlap) will have a municipal clinic (the phrase is Louis Brownlow’s) provided them withoutcost or extra eff ort. Due to the hospitality of the Commissioners of the District of Columbia, a schedule of trips has been worked out to enable all those attending the conventions to select the activities in which they are interested and to see the work under the direct leadership of the head oj th &partmnt concerned. A special trip will also be made to the Bureau of Standards where everyone can see how that institution is helping and can help the cities. The full schedule of trips will be published with the completed program. It has been arranged so as to interfere but slightly with the regular sessions. In our July issue we published an article The Nccd for by Professor Victor Pdirielll J. West of Stanford Reaeareh University upon the California legislature, which reported that the experiment of the split session has been reasonably successful, The recess has been found useful to numbers for studying bills and sounding public opinion upon them. But a report from West Virginia, COMMENT 668 which is trying the same experiment, is of a Merent tenor. Because so many bills are introduced, the general public has no chance to study them. Although late introduction of new bills has been frustrated, the original measures are not taken seriously because of the freely exercised right to amend them later. The printing of so many bills on introduction and the distribution throughout the state is said to be a heavy expense ($212,000 for the session just ended) with no public benefit therefrom. Why should a device of this sort work satisfactorily in one state and unsatisfactorily in another? Is it really working out as our observers believe? How can we know? Must it always be a matter of opinion? The valuation of political instruments is to-day little advanced beyond the stage of generalization and prejudice. Political Science seems almost a contradiction in terms. Our standards of value are vague. Units of measurement have still to be developed. The technique of cool, disinterested method remains to be constructed. We learn so little from political experiments because we have no means of discovering how they work. The split legislative session is only one of scores of subjects of which the above is true. The National Conference on the Science of Politics was organized to meet the need for a scientific method. One hundred and twenty-five people met last month at Madison, Wisconsin, and worked for one week, three sessions a day, on the development of research. It is a hopeful sign and we shall tell you more about it in the next issue.

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GIFFORD PINCHOT’S FIRST LEGISLATURE BY EDWARD T. PAXTON Philadelphia Bureau of Municipal Research One hundred per cent of our readers will be interested in this article PENNSYLVAN~A was without a political leader. Philander c. &ox had died. William E. Crow had died, state senator and soft-coal baron, whose light footfalls on the thick carpets of the capitol had directed the strategy of session after session of the Pennsylvania legislature. Boies Penrose had died, intellectual, disillusioned reformer, who inherited and ran ruthlessly the most perfect political machine that two generations of cunning could devise. Governor Sproul, last leader of his party, had reluctantly laid aside the third recurring opportunity to make himself United States senator by appointment, and by so doing had drawn the curtain on his own political life. Lewis S. Sadler had died. Sadler had been state highway commissioner under Governor Sproul, and was being groomed for the governor’s chair. His death left the Republican organization without an available and wiIling candidate. The machine which in 1921 had passed all its measures practically without heed to public sentiment, even ousting the speaker of the house of representatives when he blocked for a time the organization’s legislative program, in 1933 stood dismantled. Nor was this all. HOUSE CLEANING DUE Out of the turbulent session of 1921 had come the conviction that Pennsylvania ought no longer to delay a house cleaning in high places. Ousting the speaker of the house had been too spectacular a performance. Public attention was centered on the falling-out within the party. The defeated faction made loud charges of waste, extravagance, and treasury deficits, which carried weight because of the excellent competence of the testimony. An audit of the auditor general’s books showed that the lieutenant governor had been paid, in addition to his salary, a five-thousand dollar fee for special legal services, payment for which seemed unjustified and unsupported. The “ five-thousand dollar check” blighted otherwise legitimate hopes for the governorship. The audit showed similar unsupportable payments to other people, and airing them blighted other gubernatorial hopes. Political manipulation of state deposits was disclosed, with considerable loss of interest to the.state. The state treasury was unable to meet obligations to school districts. Good authority had it that the former auditor general had erred badly in estimating probable income, and that the governor, relying on his estimate, had signed appropriation bills some million dollars more than the state could pay. From this combination of need and opportunity sprang Gifford Pinchot’s candidacy. Four years as commissioner of forestry under Governor Sproul had made him thoroughly familiar with the task ahead. He had just finished a section of it within his own department. Service in the constitutional revision commission had rounded out his vision of the state. 567

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568 NATIONAL MUNICIPAL REVIEW [October Promising that he would drive the saloon out of Pennsylvania, that he would operate the state on a budget without waiting for a constitutional amendment, that he would call around him the best brains in Pennsylvania to investigate the financial condition and make the facts public, and that he would move to Harrisburg, live there four years, clean up the mess, and at the end of that time go fishing, he drew the support of so many voters, particularly among the women, that in county after county the machine leaders found it necessary to turn in for him in order to save theniselves. The mining districts, and labor generally, supported him. He was nominated over an able and worthy opponent, by a narrow but decisive margin. Without waiting for election, which in a one-party state is a foregone conclusion, he called about him a citizens’ committee, under the chairmanship of Clyde L. King of the University of Pennsylvania, under whose guidance a remarkably comprehensive study of the principal spending departments of the administration was made and a tentative budget for the current biennium was prepared. With the results of this study, the Governor went before his first legislature in January, 1933. LEGISLATURE CONSIDERED UNFRIENDLY It was reputed to be an unfriendly legislature. Some members of the house and a few of the senate had won office on the crest of the Pinchot wave, but most of the members were a fair sample of those their districts were accustomed to return under machine administration. Pinchot did not, in fact, control the Republican state committee. And there were other complications. Gifford Pinchot long has been a national figure. He entered this contest saying that he had no political ambitions to further during his term. But he had friends, and relatives, not so modest of intent. There was an alliterative lure about “Pinchot for President. ” But there were other presidential aspirants in Pennsylvania. The state has suffered from them unbelievably, for a generation. Pinchot was hated, not only for his present success, but from fear of his future. “Let us name your public service commission and your labor appointments, ” the rumored proposal to the Governor-elect went up and down the well-informed whispering gallery; “keep your hands off Philadelphia and Pittsburgh, and stay out of national politics, and we will give you your budget and your state reorganization. ” Pinchot had made a Rooseveltian campaign. Assured of the Republican nomination, his election a certainty, he had stumped the state for popular support for his program, and made public demands upon practically every nominee to the legislature for promises of support. These demands were usually made in the course of a speech in the member’s district, and this usually was followed by an interview in private with the nominee, the results of which were immediately released to the newspapers. The promises garnered in these interviews stood the Governor in better stead during the session than any other resource at his command. AN EXTRA-LEGAL BUDGET The findings of the citizens’ committee led to the conclusion that the state had incurred an appropriation liability of approximately $29,000,000 more than it had made provision to meet. The budget presented by Governor Pinchot, the first budget ever presented to the Pennsylvania legislature, requested 2.5 per cent less for departmental operation than had been

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19931 GIFFORD PINCHOT’S FIRST LEGISLATURE 569 appropriated two years before. A gap was left in educational subsidies, which the Governor told the legislature was its problem. It was this problem of additional revenue that tested most severely the calibre of the legislature and prolonged its sessions for two months beyond the stopping point that would have been warranted by the accomplishments. The legislature was not only bossless but leaderless. It ran around in circles, adopting a policy one week only to discard it for an opposite policy the next. To many of its members the task of thinking for themselves was new and unwelcome. Some men who had ken automatons in previous sessions breathed a new breath and gave evidence of surprising powers of initiative; but those who might have risen to effective leadership all shrank from the task. No real leadership developed. Friend and foe appealed to the Governor to step into the breach after the manner of his predecessors, designate administration 0oor leaders and force concurrence in an administration program. This he declined to do. Relying on the pre-election promises he had extracted from the legislators, his veto power, and his announcement of the certainty of an extra session if the legislature failed in its essential duties, the Governor went no farther into the process of legislation than to insure at the outset the selection of a friendly speaker and certain friendly committee chairmen. The Governor was not able to accomplish all that he wanted or proposed. The first task, the adoption of a new state prohibition enforcement act, was technically a success, though its effect on prohibition enforcement in comparison with the law which it superseded on the statute books is by no means certain. The saloons have not been “driven out of Pennsylvania.” It is said that there are as many as before, only they are not called saloons nor licensed by the state. The first state budget was the Governor’s most notable success. It survived a storm of counterblast and ridicule. It showed the legislature and the people the proportionate relation of the various financial demands upon them, a new vision for Pennsylvania. It made possible an agreement after delay but without serious difficulty, upon new temporary tax measures, designed to produce $20,000,000 additional revenue in the next two years and clean the fiscal slate. One great compromise in the budget probably need not have been made. As presented to the legislature, it was a lump-sum budget, embodying the principle of state aid to private hospitals and similar social-service institutions in proportion to the cost of free service rendered by them. These institutions in the past had been the beneficiaries of individual appropriation bills in amounts governed by political consideration. Naturally, violent opposition to the new basis of support was voiced by countless trustees of private institutions and other parties at interest. The constitutionality of lumpsum ‘ appropriations for the purpose was challenged and unfortunately the administration capitulated. Many think that perhaps the Governor’s legal advice was unfortunate. The third success, and the hardest fought, was the enactment of an administrative code embracing a reorganization of the executive departments and their co-ordination as administrative and spending agencies. The code has reduced the number of independent spending agencies from 10% to 21, provided for a budget system and for fiscal control by the governor, provided means for co-operation of the various bodies to prevent duplication of func

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570 NATIONAL MUNICIPAL REVIEW [October tions, and set up a central purchasing procedure and the machinery for standardization of salaries of departmental employes. Enactment of legislation for a survey of water-power resources of Pennsylvania was the fourth accomplishment, and one which the future may regard as an epochal step because of the fundamental relation which hydroelectric development is likely to bear to the life of the coming generations. TEE GOVERNOR SUMMARIZES HIS ACCOMPLISHMENTS The Governor’s own estimate of accomplishments is stated in nine points : 1. A budget to be pesented to the state legislotu~s. This budget has passed practically in the form in which it was submitted. 2. Adeqvatejiscal control. This has beem provided for in the administrative code in a way entirely satisfactory to the administration. 9. A unifm system ofacmnts. This plan has been worked out and has been adopted. 4. Plan to keep ezpenditures within income. This has been accomplished and today the departments are working out plans for their expenditures for the next two years whichwill be, under the administrativecode, subject to revision as the income of the state may require or warrant. 5. Reurganiaotion ojthe stategovernment. This reorganization is an accomplished fact in a form almost ideal. It can be said without any doubt that it is the best plan of reorganization adopted in any state as yet. 6. The adminisimtwe &. The administrative code as passed carries out exactly the ideas recommended in the citizem’ committee reports. 7. A responsiblejinancid admmr. This plan has been carried out in full through the department of state and finance. 8. Standarda of public employment. The executive board is given power to standardii salaries and positions. 9. A purchasing and dandardizatwn bureau. This plan has been adopted in full in the administrative code. OTHER NEW LEGISLATION As for the general activity of the legislature, it may be said that the group typified by the manufacturers’ associations are the only ones who got all or nearly all they wanted. Not a single “labor measure ” of importance passed, though labor had been with Pinchot strongly in the primaries. The defeats included an eight-hour bill for women, a bill for one day of rest in seven, a children’s eight-hour bill, a bill forbidding child labor under 16 years of age, an effort to set up a minimum-wage board for women and minors, a series of bills liberalizing the workmen’s compensation act, and another series designed to protect interests of bituminous and anthracite miners. A blue-sky law was passed, and an anti-lynching law. The indeterminatesentence plan was broadened by a law providing that when an indeterminate sentence is pronounced, the minimum shall not be more than half the maximum, the prisoner -being considered for parole upon the expiration of the minimum. Juvenile courts were given exclusive jurisdiction in all cases of children under 14 years and the establishment of a juvenile court was made compulsory in every county. An old age assistance act was passed, though with an entirely inadequate appropriation. A mental-health code brings together and liberalizes the legislation dealing with mental patients and defectives. Another act makes it possible to accept the benefits of the Sheppard-Towner maternity act. An effort to abolish the professional licensing of engineers was defeated. Efforts to replace on the statute books the full-crew law and the non-partisan election of judges, both wiped out two

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19231 MILWAUKEE REGISTERS PROGRESS 571 years ago, also were unsuccessful. The home-rule enabling act failed, though home rule for cities was a part of the Governor’s platform. The additional tax measures are self-repealing. They impose for two years a tax of one-half of one per cent on the profits of corporations, and an additional cent per gallon on gasoline. An attempt to repeal the anthracite coal tax failed. A proposed ‘uxwy tax, ” and proposals to tax bituminous coal, natural gas, and crude petroleum also failed, as did a proposed sales tax. A constitutional amendment permitting graded and progressive taxation failed because of fear of a state income tax. Fourteen constitutional amendments were passed, out of forty-two offered. Fortunately, a bill was also passed permitting a referendum on the calling of a constitutional convention. Perennial civil service and election reform bills met their usual fate. For the rest of the session, it may be said that the most sharply debated issue was daylight-saving, and that more attention, as well as success, was awarded a measure to prevent the counterfeiting of the relics of Tutankhamen than to a proposal to put coal-producing companies under the regulation of the public service commission in order to avoid the repetition of last year’s acute coal shortage. MILWAUKEE REGISTERS PROGRESS’ BY DANIEL W. HOAN Mayor of Milwaukee .Mayor Roan believes thd the city renders sem‘ce lo the people at a fraction of what private interests would require lo do the work. We .. ._ .. .. .. welcane stories of progress from other cities. :: .. FROM years of study I have formed the conclusion, and so stated recently at a large public meeting of one of our civic clubs, that the city of Milwaukee performs every public service at a cost from one half to one tenth of what the expense would be if the same service were performed by private individuals. I was in hopes I would be checked on that statement, but so far the assertion has not been contradicted, and until it is successfully refuted I shall continue to believe it is true. Take our garbage collections, for instance. We make a weekly collec- ‘The addm of welcome to the National Association of Comptrollers and Accounting OBicers at their Eighteenth Annual Convention. tion for two dollars per family annually. I know of no city that performs the same service for less than twenty dollars annually. Our ash collections are done at a cost of eight dollars per family annually and we go into the basements to get the ashes. No private firm would perform this service anywhere for less than twenty dollars annually. I am prepared to take up police, library, natatorium, or any other municipal service and make like comparisons. It is due not only to the large scale on which the city does its services, but to the low cost of overhead. I stated at that meeting that in the event any citizen could show

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573 NATIONAL MUNICIPAL REVIEW [October any service that could be performed better and at a lower cost than by municipal functioning, the city should be prepared to make a rapid change. So far, however, no such offer has been forthcoming. I therefore submit, that performing municipal service honestly and efficiently is one of the most patriotic duties that any citizen can contribute. No one shares the responsibility and care of municipal government more than do the comptrollers. MILWAUKEE’S CREDIT SOUND You will no doubt agree with me that perhaps the greatest authority on municipal finance in bonds as well as the man most familiar with the financial standing of cities in the United States is Judge Charles B. Wood of Chicago. At a conference with Mr. Wood about a year ago he expressed himself as follows: Mr. Mayor-your city, Milwaukee. has without question the best financial standing and credit of any city in the United States. It is due to the enactment and careful administration of a number of laws and measures which I trust you will continue to painstakingly adhere to. Let me communicate to you very briefly an outline of just what measures the Judge had in mind and which has resulted, in the opinion of the Judge, in Milwaukee assuming the leadership in matters of municipal financial credit and standing. 1. The institution of a scientific budget system which has absolutely prevented the usual recurring financial deficits at the end of each year. $2. The elimination of the issuance of all bonds which might in any sense be classed with such as pay for operating expense. Among the classes of bonds which we have’ refused to issue since 1910 have been street improvement, bonds to dredge rivers and also miscellaneous small issues of bonds in place of which we have levied a tax. This shift in policy meant the assumption by the community, of a temporary financial burden, but present results are so obvious as to need no further comment. 3. We have issued a direct tax of one tenth of a mill for over ten years and which now accumulates about $70,000 a year to wipe out a deficit of a half century’s standing due to unpaid personal property taxes. 4. We have levied a tax of one fourth of a mill which now accumulates about $140,000 a year to place ultimately all of our city departments on a cash basis. 5. We have centralized all the purchasing of the city in one board which has resulted in many hundreds of thousands of dollars saved. Added to this is a storehouse on which we keep an accurate check of all goods. 6. We have been able to inaugurate a system of paying cash for goods purchased and thereby instituted a discount system which resulted last year in a net saving to the city of approximately $40,000 and mhich amount increases year by year. 7. Perhaps one of the most valuable steps taken was the elimination of the usual method of paying contractors by certificates. It is a well-known fact that many of these certificates were uncollectible because of nonpayment of taxes, etc., and that the bankers usually charged a large discount to cash the same. We have eliminated this system entirely and pay our contractors in cash. At the same time the property owners have been benefited by permitting them to extend their payments over a period of six years if they so elect, by the payment of 6 per cent interest. while this law permits the city to issue a six-year bond to meet any possible

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19333 MILWAUKEE REGISTERS PROGRESS 573 deficit. of funds needed, I am happy to say that so far our surplus has been sufEcient to carry on the system without the issuance of a single bond. The saving from this system is so vast as to need no further explanation. 8. Next we have altered our system of depositing all our trust funds in local banks or depositories. This fund brought us only 2 per cent for years. We have inaugurated a system of investing these funds largely in short term government securities bringing 11s at least twice the former amount of interest. 9. We have also inaugurated a system of permitting a taxpayer who has paid his state and county taxes, the right to extend the time of paying his city tax for six months, upon payment of 6 per cent interest. This latter system saves the taxpayers, who are in temporary financial stress, from the loan shark, and at the same time insures the city a fair rate of interest. As a result of these two systems, together with other interest monies received from trust funds, the city of Milwaukee now receives approximately one-half million dollars annually in interest money. Perhaps $100,000 comes from increased interest annually, due to buying short term certscates, while $52,000 is the amount in interest we receive in an average year for extending taxes. AMORTIZATION FUND ESTABLISHED Last, but not least, due to this accumulation of interest we have firmly established recently a municipal amortization fund ultimately to wipe out all of our public debt. In June I had the pleasure of signing a check of $375,000 out of our interest fund to be placed in this amortization fund. This fund will be added to year by year and will draw interest and compound interest until such time as our debt is finally eliminated, and which will result in a much desired reduction in tax rates. As a companion measure we have also established a private foundation for the accumulation of private funds for the same purpose. At first glance it might seem that so large a program would be very burdensome upon the taxpayer. I would call attention, however, to the fact that of the tax rates of thirty of the largest cities of this country, you will find Milwaukee’s rate down about half way. You might also suspect that our bonded indebtedness is great. However, in an article in a recent issue of the NATIONAL MUNICIPAL REVIEW we find this statement : Compared with 96 of the largest cities of the United States, Milwaukee’s per capita bonded debt comes as twenty-nine on the list with only seven cities lower. Milwaukee’s gross bonded debt is placed at $527,750,500 or $53.09 per capita as against an average of $103.40 per capita for thirty-six other states, omitting Washington with a per capita debt of .36. The average is $16.79 for St. Louis to $5206.60 for Norfolk. PUBLIC IMPROVEMENTS ON BIG SCALE Time will not permit me to prove that we have not neglected our public improvements, except to say-we are about to complete the most expensive sewerage disposal works, in comparison to population, of any city in this country, a thirteen million dollar project, of which over one-fourth was paid for in cash. We have also acquired every foot of riparian rights along our lake front and are constructing the best harbor on the Great Lakes. We are widening one of our main arterial highways to 180 feet and will provide on one point thereon, a civic center involving an expenditure of eight million dollars. We have built more high schools and

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574 NATIONAL MUNICIPAL REVIEW [October acquired more playground space in the past three years than the city possessed in its entire history. A million dollar viaduct, a new water intake, and a new million dollar pumping station, a new street lighting system and innumerable other public improvements places our program for municipal improvements second to no other city of its kind in the country. I am not boasting, but have merely related to you a fact of which we are justly proud, namely, that we have achieved financial leadership both as to standing and credit of all American cities. AN EXPERIMENT IN TEACHING CIVICS BY W.C.HEWITT State Normal School, Oshkosh. WYisconsin There are suggestions in this for teachers with energy to depari from .. .. .. classroom Toutine. .. NOT very long ago I tried some experiments in Civics teaching that were so interesting to me that I am emboldened to outline them briefly for other teachers of government. A NATIONAL CONSTITUTIONAL CONVENTION My class of Hty pupils organized themselves as a national convention for the purpose of rewriting the constitution of the United States. Each state and outlying possession was represented. The officers of the convention were a president, vice-president, minutes secretary, documents secretary, and a standing committee of style and arrangement. Each clause, sentence, and word of the constitution was carefully studied, the general procedure being to retain the present wording and arrangement unless the majority of the convention decided otherwise. I did not agree entirely with all the changes made, but I can say that all the alterations and additions were along thoughtful and patriotic lines. As indicating what things were in their minds: .. .. .. .. .. .. .. .. .. .. .. .. 1. They materially improved the arrangement of the constitution by putting all the rights of the constitution in a single section at the beginning. 2. They lengthened the term and increased the salaries of the congressmen. They improved the present administrative order by having the terms of representatives and senators begin in the congress immediately following the electicp They specifically increased the power of congress over taxation, monopolies, and territory, and made the budget system obligatory. 3. They declared the president should be elected by popular vote, specifically gave the supreme court the power to declare unconstitutional any state' or national law, and inserted in the preamble a recognition of Almighty God. A STATE CONSTITUTIONAL CONVENTION My second experiment was with the next class, which organized as a state constitutional convention, the delegates being from the various counties. The method of procedure was

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essentially the same as with the United States constitution. Some of the changes made in the Wisconsin constitution were as follows: 1. A single house of one hundred members was created, and the governor was given a cabinet of eleven members, all being entitled to seats on the floor of the legislature. 2. The initiative, referendum and recall were a5rmed, but denied as to judicial o5cers. 3. The supreme court was increased from nine to eleven members, and seven justices might declare a state law unconstitutional. There were many other changes made relative to education, taxation, and administrative work, but the above will indicate the lines of study. A CITY CHARTER CONVENTION My third experiment is now in progress. The class is organized as a city charter convention with two delegates from each of the fourteen wards. The o5cers of the convention are a president, vice-president, secretary, and secretary of style and arrangement. The specific work of the class is to write, not a model charter, but a model charter for the city of Oshkosh, population, 35,000. The first creative work appeared when the class began to study actual local conditions. 1. The city is divided by a river; this causes apparent diversity of social and economic unity. 2. Practically all the Protestant churches are on one side of the river; this causes religious separ n t’ ion. 3. The members of the Rotary Club come from one side of the river, and practically from four wards; this indicates intellectual isolation and corresponding opposition. 4. As one laborer put it, “All the high-taned institutions are on the same side”; this makes a city of classes. 19231 AN EXPERIMENT IN TEACHING CIVICS 576 All these considerations and others were brought out when the personnel of the council was determined, and the convention decided that the local situation demanded a representative council of fourteen members, one alderman from each ward. The people are not opposed to efficiency, but there is more or less opposition to the “specialist. ” A large group in the class advocated the (6 manager” idea; but the other group, while granting the necessity of the manager, advocated an increase in the dignity of the mayor, so a compromise was reached by creating the mayoralty, with a salary of $5,000, the mayor to be elected at large. It was here that constructive work was begun. The election laws of Wisconsin are deficient in that there is no selective work prior to nominations. So the convention decided to create what is known as a preliminary ward meeting. Prior to the primaries, the people of each ward.are to meet and discuss the qualifications of candidates, and the needs of ward and city. The ward will elect a president, vicepresident, secretary, and executive committee of three. It is the duty of the executive committee to make suggestions on candidates and issues, but all such reports and actions thereon are merely advisory. Candidates will be nominated as at present by primary petition. The ward organization is permanent, and meetings may be called by the president at any time, and must be called at the written request of ten voters of the ward. The idea of our convention was that the ward meeting would give an opportunity for all people of the city to have a voice in all civic questions, and that this opportunity would make for wider civic consciousness. In limiting the action of the ward meeting to discussion and recommendation,

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576 NATIONAL MUNICIPAL REVIE\Y [October the convention decided that the action of political bosses would be eliminated. For example, suppose the mayoralty election is approaching, After the fourteen ward meetings have acted the list of candidates will have been carefully discussed, and at subsequent meetings the list can be reduced to a smaller list of eligibles. At present there is no machinery by which the people may get together. The ward meeting would be a permanent device by which the people could meet to discuss any question of interest to the city. WHAT WAS ACCOMPLISHED I think I am justsed in giving some conclusions from these three studies : 1. In all the studies there was a generous amount of creative work, and I need not emphasize the fact that creative thought on governmental matters is infinitely better than lectures or memorized recitations. 2. Attention to governmental questions was obtained from many sources : At least a dozen leading newspapers have commented favorably on the work, nearly all printing the names and pictures of the officers. We have had encouraging recognition of the work from our senators, congressmen, governor, superintendent of public instruction, secretary of the state board of education, and secretary of the board of regents. I think publicity is an important result in practical overnmental study. I5 3. The signing of each constitution in the public auditorium was an impressive affair. The events were almost as solemn as the signing of the original United States and state constitutions. Some of the delegates were so moved as to be scarcely able to hold the signature pen. 4. Theparliamentary training wasunusually profitable. The defect of practice lessons is that they do not deal withrealthings. Thedifferences of opinion on real issues gave rise to real parliamentary maneuvering, and therefore resulted in real parliamentary training. 5. The contests over words, phrases, and arrangement were fruitful English work. 6. Each delegate in the United States convention had a knowledge of the constitution of the state he represented, and I think the study of comparative governments of state and nation was better and more widely done than when I personally direct the work by lecture and references. 7. The real issues of to-day and tomorrow had a wide and intelligent discussion. Material bearing on the present problems was more freely used and more effectively applied than in my regular classes. When radicals appeared they had to answer the conservatives-when the conservatives rested on the things that are, they had to justify them from +tory, economics, and ethics. The general effect of all the studies was to create a deeper reverence for the work of the “Fathers.” Time and again it came out that it was easier to destroy than to create, and I think I am safe in saying that when the work was done there was no member of the conventions that did not think of his country after a nobler fashion. I did not teach these classes. I was a delegate from the Philippines, from Juneau county, from the third wardthe work was done by the students themselves, and it is an even question as to who learned more, they or I.

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HOW WASHINGTON IS GOVERNED BY DANIEL E. GARGES Secretmy, Board 0,F CommiSaiOwa. Didrict of Columbia This will be of interest in connection with OUT annual meeting next month in fwhington. :: THE present form of government was provided by an act of congress approved June 11,1878. This government consists of three commissioners, two selected by the president of the United States from actual residents of the District of Columbia who have been residents for three years, and an army officer detailed by the president. Their term of oftice is three years. These form a board of commissioners and this board has duties corresponding to that of a mayor. The Constitution of the United States provides that congress shall exercise exclusive legislation over the District of Columbia, but congress by various statutes has delegated to the commissioners the power to make police, building, health, and other municipal regulations, and to enforce them by proper penalties. There are some duties, however, which ordinarily come under the jurisdiction of municipal authorities which the commissioners do not have. This situation arises by reason of the fact that Washington is the capital of the United States. For instance, the United States authorities have charge of the water supply system including the bringing of the water from Great Falls to the filtration plant and filtering it. All water mains supplying the inhabitants of the city with water, however, are constructed by the commissioners, and all water, whether furnished to the citizens or to the property of the United States, is distributed under .. .. .. .. .. .. .. .. .. .. .. .. the jurisdiction of the commissioners. The United States also has jurisdiction over all public parks. The board of education of the District of Columbia is appointed by the judges of the supreme court of the District of Columbia, and the Board of Charities, the recorder of deeds, and the judges of the municipal court are appointed by the president of the United States. The commissioners, however, appoint the heads of all the various municipal departments in the District government, and also the employees of the District government. These employees do not come within the provisions of the civil service laws, with the exception of the police and fire departments. One of the duties of the commissioners is to submit annually estimates of funds necessary to support the government of the District of Columbia. These estimates are submitted to the director of the budget in the treasury department, and as they are approved or changed by the director they are submitted to congress. In both the house of representatives and the senate there are appropriations committees and a subcommittee of five members which has charge of preparing the District of Columbia appropriation bill. The bill is first prepared in the house of representatives, and during its preparation the commissioners are granted hearings, in order to present to congress the necessity for appropriations asked. The subcommittee pre577

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578 NATIONAL MUNICIPAL REVIEW [October pares the bill and it is sent to the house of representatives. After it is passed by the house, it is referred to a similar subcommittee of the senate appropriations committee, and this committee also grants a hearing to the commissioners. It frequently adds by amendment to the amount of the bill allowed by the house. The senate then passes the bill with the amendments. The bill is then referred to a conference committee consisting of three members each of the house and senate subcommittees. The conference committee makes its report to the house and senate. The bill is passed, and when signed by the president itbecomes a law. All legislation for the District other than appropriations comes under the jurisdiction of a committee of the District of Columbia, of which there is one in the house and one in the senate. Whenever the commissioners desire to have a law passed they write to the chairmen of these committees recommending the introduction of a bill to accomplish what is desired. These committees consider such requests and if they favor the measure they report it to the house and senate, and when passed by these houses and signed by the president it becomes a law. All bills relating to the District of Columbia, by whomsoever introduced, are referred to these committees. All funds appropriated for the expenses of the government of the District are paid from two sources. These sources are : 1. Taxation on real estate and personal property of the residents, including street railways, gas companies, and other public utilities, and certain license taxes imposed by law on various businesses. 2. Money in the United States treasury belonging 'to the United States. When the present form of government was established in 1878, the law provided that one-half of all appropriations made for the expenses of the District of Columbia should be payable from taxes levied on the residents of the District, and the other half from funds in the United States treasury. Under the law as it now exists, however, it is provided that 60 per cent of such appropriations shall be paid from taxes levied in the District, and 40 per cent from funds of the United States. Prior to July 1, 1929, taxes on real estate were levied on the basis of a two-thirds valmtion, and on personal property at full valuation. Now taxes on both real estate and tangible personal property are based on a full valuation. The rate fixed for the fiscal year beginning July 1, 1923, is $1.20 per $100 on both real estate and tangible personal property. For the preceding fiscal year it was $1.30 per $100. On intangible personal property the provision of law requiring a tax of three-tenths of one per cent was increased on July 1, 1932, to five-tenths of one per cent. The law provides that the commissioners shall fix the rate of taxation to meet the proportion of the expenses of the District to be paid from this source. Taxes were formerly payable annually, but beginning July 1, 1922, they are payable semi-annually on November 1 and May 1 of each year. The assessed value of real estate and personal property in the District of Columbia on June 30,1923, was : Land. ....................... $855,538,719 Improvements. ............... 587,660,519 Personal Property: Tangible. .................. 123,765,572 Intangible, ................. 368,079,889 Real estate is assessed biennially. For the purpose of providing for the orderly conduct of the business of the District government each member of

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19231 HOW WASHINGTON IS GOVERNED 579 the board of commissioners is appointed a committee of one to handle certain municipal functions. One commissioner has charge of the assessment of property, the disbursement of appropriations, the licensing of businesses, the collection of taxes, the handling of legal matters and insurance, and the purchase of all materials supplies, and the control of the almshouse, reformatory, and workhouse. Another commissioner has charge of the fire and police departments, the supervision of weights, measures and markets, the supervision of playgrounds, etc. Another commissioner has charge of all street improvements, the construction of school and other municipal buildings, the removal and disposal of garbage and city refuse, the construction of sewers, the cleaning of streets, the lighting of streets, the laying of water mains, the care of street trees, etc. Twice each week and at other times when necessary, the three commissioners meet in board session. Each commissioner brings before the board matters affecting his department, and the board passes such orders and regulations as they deem advisable covering the matters brought to their attention. These orders are signed by the secretary to the board of commissioners, and are issued to the heads of departments for execution. In addition to the duties which the commissioners have as executives of the District government, congress has placed upon them certain other duties. The three commissioners form a public utilities commission with jurisdiction over street railways, gas and electric companies, telephones, baggage transfer, etc. The commission fixes the rates which may be charged for all of these commodities, and the public utility companies cannot charge more than these rates for services which they render. 2 The commissioners, together with the architect of the capitol and the officer in charge of public buildings and grounds in the city of Washington, form a zoning commission which divides the city into zones, which can be used only for residence purposes, business purposes, and other commercial purposes. They also fix the height to which buildings can be erected and the area of ground which can be built upon. All matters with reference to the public school system, with the exception of the construction and repair of school buildings, are placed by law under a board of education consisting of nine members appointed by the judges of the supreme court as heretofore stated. The board of education appoints all the teachers and other employees and makes rules for the operation of the school system. The expense of running the schools is one of the municipal expenses cared for in the District appropriation act. It may be interesting to note the various taxes and assessments which the property owner in the District of Columbia is called upon to pay. When the city of Washington was laid out into streets, avenues, and alleys, the old boundary of the city was Florida Avenue. As the city grew, however, property owners outside this boundary subdivided their land into lots, and dedicated streets. These streets as well as the city streets were improved at the expense of the District government and no assessment was made for such improvement. In the year 1893, however, congress directed the commissioners to prepare a plan for extending the streets and avenues of the city throughout the entire District, in order that when the land was opened for building houses the streets would be run in a systematic manner. The law provided that if a property

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580 NATIONAL MUNICIPAL REVIEW [October owner wished to subdivide his land he must dedicate the streets to the Dis’trict without any cost. If he did not dedicate and the commissioners desired the streets to be opened, they would institute a proceeding in court to take the land for street purposes, and the property owners were required to pay the cost of the land taken. After the street was opened, it was necessary to lay sewers, water and gas mains, and electric lights, and also to provide sidewalks and roadways. With the exception of the gas and electric light, the property owner is required to pay for all these improvements. Now he pays two dollars per front foot for a water main, and one dollar and fifty cents for a sewer; one-half of the cost of laying a sidewalk; one-half of the cost of paving alleys, and one-half of the cost of paving the roadway in front of his property. This is in addition to the taxes he pays each year on the property The District of Columbia has practically no bonded or floating indebtedness. On June SO, 1923, the outstanding 3.65 per cent District of Columbia bonds amounted to $4,589,250. The sinking-fund assets amount to $4,423,640.91, thus making the net indebtedness of the District of Columbia on June 30, 1923, $165,609.09. The District of Columbia has no other form of indebtedness than that represented by its outstanding 3.65 bonds. The 50-year period for which these 3.65 bonds were issued, the issue being liiited by law to $15,000,000, will expire August 1, 1924. The sinking-fund assets, represented entirely by investments in bonds of the United States, will be nearly sufficient to take up the outstanding bonds. CIVIC INTEREST AND CRIME IN CLEVELAND L A FOLLOW-UP ON THE CRIME SURVEY BY RAYMOND MOLEY Associate Professor of Govnnmant. Columbia University What has been accomplished in two years, and what remains to be done CIVIC interest, shocked and aroused by a deplorable murder case, educated and informed through a survey of criminal justice, and sustained and directed by permanent citizen organizations, has for the present, at least, rescued Cleveland from an unhappy prominence as an easy town for crime and criminals. For a period extending several years back of 1990, Cleveland, once far heralded as well governed, had suffered an alarming increase of crime. The quality of its lam enforcement had become an open invitation to the criminal and vicious. In 1919 a special grand jury was created composed of reputable men and charged with the duty of finding out why crime had become so rampant. The report of this grand jury revealed an “easy” town with a confusion of

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19231 CIVIC INTEREST AND CRIME IN CLEVELAND 681 responsibility in the police department, politics and slovenliness in the work of the prosecutors’ offiices, unintelligent humanitarianism on the bench and unwholesome relations between lawyers serving the underworld and officials supposed to serve the public. It stated that certain officials, notably the county prosecutor, had “steadily lost the confidence of the community and the bar,” and recommended that he “should resign or be removed by due process of law.” It also stated that the city director of public safety, titular head of the police force, should be “immediately superseded. ” TRIAL OF CHXEF JUSTICE AEtOUSES PUBLIC A year later a murder case threw before the public the same general condition in a much more detailed and lurid manner. The chief justice of the Cleveland municipal court sadly disgraced his high ofice by becoming involved in a sordid series of events which culminated in a murder for which he was twice tried, but finally acquitted. Throughout this whole incident there was exhibited much bungling police work, ineffective prosecution, yellow journalism, and questionable political operations. Civic organizations were finally taught the need of fundamental and carefully planned reform and at the very culmination of the public interest in this revelation of governmental oreakdown, the Mayor, The Bar Association, The Chamber of Commerce, and other civic bodies requested, The Cleveland Foundation to conduct a searching survey of the whole machinery for the administration of criminal justice. The Cleveland Foundation conducted this survey in 1921. The survey found that the outstanding shortcomings of the administration of criminal justice in Cleveland were the following : An antiquated police system, made up of men “singularly free from scandal and vicious corruption but working in a rut, without intelligence or constructive policy on an unimaginative perfunctory routine”; Prosecutors, poorly equipped and qualifled for their work, politically selected, underpaid, trying to cope with a tremendous volume of business and revealing in their work a condition of “serial unpreparedness”; Judges, theoretically removed from partisanship by the non-partisan ballot, but embarrassed by the need of carrying on a constant campaign for reelection, subjected to pressure from yellow newspaper enterprise and from racial and economic groups, with little incentive to conduct their work with energy and spirit; Daily newspapers, exploiting the sensatiopal and unusual, playing up ‘‘ crime waves ” when such “waves ” do not exist, advertising the mountebank judge or prosecutor and neglecting the prosaic, but conscientious public servant, interfering with the capture of criminals by premature publicity, and coloring public opinion during sensational trials to the extent, perhaps, of influencing juries to follow the news rather than the evidence; A bar, with its leading members too absorbed in the commercial aspects of their profession and little interested in the improvement of conditions in the courts, with a large proportion of its members poorly educated and organized only in a bar association existing until recently merely to “memorialize its dead members. ’’ Back of it all a public uninformed, unorganized, without leadership, suffering these conditions_with lazy complacency.

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5851 NATIONAL MUNICIPAL REVIEW [October TEE AESOCIATION FOR CRIMINAL JUGTICE The primary object of the Foundation in conducting the survey was to stimulate public interest in the long, difficult and prosaic job of rebuilding the machinery of justice more nearly in line with modem needs and conditions. The publication of the survey was only the beginning of reform. Under the leadership of the Bar Aseociation, an organization was formed which is known as The Cleveland Association for Criminal Justice. It is a federation of thirteen of the great civic organizations of the city and it has as its object the improvement of the administration of criminal justice. Some idea of the civic power which it represents is indicated by its member organizations which include The Cleveland Bar Association, The Cleveland Automobile Club, The Cleveland Chamber of Commerce, The Cleveland Advertising Club, The Cleveland Academy of Medicine, The Cleveland Real Estate Board, The Civic League of Cleveland, The League of Women Voters, The Women’s City Club, The Cleveland Builders Exchange, The Cuyahoga County Council of the American Legion, The Cleveland Chamber of Industry, and the Industrial Association. Through this organization there has been welded into a ded body the aggregate power and influence of agencies aggregating in membership 75,000 of the city’s best citizens. The organization has now been in existence since January, 1999. During its first year it was financed by private subscriptions; at present it is supported by the Community Fund. CARD INDEX OF ALL FELONIES The basis of the work of The Cleveland Association for Criminal Justice is a complete card index of felonies committed in Cleveland. This record shows all of the facts of record in each case and constitutes a more complete record of crime than is maintained by all of the public agencies of the city combined. It reveals the status of each case, the judges, prosecutors, police officers, bondsmen, and lawyers involved 8nd almost automatically throws out a warning when the process of justice is diverted or halted without legitimate reason. This correctq at once the condition which permitted professional bondsmen and lawyers of the underworld to operate with the assurance that they would leave no tracks behind. In addition to its card index of crime, the Association maintains observers in constant attendance at the criminal courts acting in a sense as the “eyes of the public.” Special cases have been carefully investigated and quarterly reports are issued informing the public concerning the quantity and quality of crime, giving public officials deserved credit and, when necessary, fearless criticism. In sixteen months of operation, the Association has become a force to be reckoned with, regresenting actively a public interest long neglected, giving assistance where possible and practicable, fair and helpful toward of3icials but a constant menace to the forces which so long diverted the course of justice in the interest of private gain. It has made a place for itself in the civic life of the community. Since 1991 other civic forces have been increasingly active in this field. The Cleveland Automobile Club is probably the most virile and aggressive civic organization in the city. It has over 33,000 members and an annual budget of more than $SOO,OOO. It has made a direct and powerful attack upon the problem of automobile stealing with the result that in three years automobile thefts have been

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199s] CIVIC INTEREST AND CRIME IN CLEVELAND 583 cut 36 per cent. On account of the will probably result in a new and fact that automobile thieves are often modern criminal justice building. experienced general criminals, and 5. More effective grand juries have that automobile stealing has become a been appointed during the past two very important accessory to other years. Judges have appointed men sorts of crimes, a force which acts and women of standing to this imagainst automobile stealing has had a portant duty, and people thus sumvery real effect upon crime in general. moned have given their services willThe Bar Association within three ingly. years has emerged from its lethargy 6. The Bar Association, following a and has helped to make the judges suggestion of the survey, now secures a more independent of the forces which poll of the members as to the retention have hampered their effectiveness. of judges whose term expire, and actively campaigns for their reelection. CONCRETE IMPROVEMENTS In the last judicial election all the Through the aggregate effort of candidates for reelection kept out of these and other civic bodies a number the campaign themselves (an amazing of improvements have been made and unprecedented proceeding) while since the publication of the Foundathe Bar Association carried on a tion survey in 19H. vigorous campaign and reelected 1. Cleveland has had probation in them all. Such a policy should result its municipal and juvenile courts for a in more independence for the judges in long time. In 1931 there was created office. a greatly needed probation department 7. Largely due to efforts centered in in the higher court of common pleas. Cleveland, the rules for admission to 9. The legislature of 1933 passed a the bar have been strengthened to the bill, prepared and sponsored by the extent of requiring night law schools Bar Association, providing for a chief to lengthen their courses from three to justice of the common pleas court. four years and to raise their entrance This was one of the most important requirements. recommendations of the survey. It provides an executive head for a court consisting of twelve judges with It would be a most unintelligent both civil and criminal jurisdiction. optimism to claim or seem to claim 3. Better prosecutors have held ofthat in two years the long established fice since the survey. An entirely new and well-known shortcomings of the staff of municipal prosecutors was administration of criminal justice in appointed by the new city administrathis modern community have been tion in January, 1923, This group is entirely corrected. Much remains to really non-partisan and of genuinely be done before Cleveland can even good quality. The county proseapproximate the effectiveness which cutor’s office has also greatly improved the need demands. Some of the old both in personnel and methods. vicious habits persist in spite of an 4. After a deadlock of six years, unquestioned will to reform. The with the defeat of four bond issues for police department is still in a rut a new criminal courts and jail buildalthough there is less of the old coning, a group of civic agencies co-operatfusion of responsibility among mayor, ing with county officials has secured civil service commission, director of an agreement upon a new plan which safety and chief of police. Police SOME OLD HABmS PERSIST

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NATIONAL MUNICIPAL REVIEW 1820 1821 Robbery and aamult to rob.. .. 1,188 1,043 Burglary and houssbrsclkmg.. .. 2.302 2,573 Autothefts .................. 2,663 2.374 --[October 1922 4 699 1,672 1.716 records are still inadequate and unreliable. Some newspapers still tell the world (and criminals) where police are seeking for suspected offenders and in every sensational case cater to the low, morbid instincts of the community. The “performing” judge still makes his occasional appeals to the grand stand. Prosecution is still occasionally careless and perfunctory. But during the months which have passed since the publication of the survey and the formation of the Association for Criminal Justice there has been a most encouraging diminution in crime. To say that this fact has resulted directly from any single factor would undoubtedly be dangerous, as there are many quite obvious contributing causes. Everything indicates, however, that there really has been a definite stiffening of prosecution in Cleveland which has been almost exactly contemporaneous with the increased public interest since 1921 and the very active work of the Association for Criminal Justice and Bwrhry Bufialo Detroit Cleveland 1821.. .......... 177 61 227 1822 ............ 100 137 191 1923.. .......... 76 49 88 ? Robbery Auto stealing Bdalo Detroit Cleveland Bdalo Detroit Cleveland 18 45 181 184 569 476 18 74 132 283 612 287 31 71 39 393 591 291 --------_L__ CLEVEIAND AND OTHER CITIEB COMPARED Another way to measure Cleveland’s improvement during the past three years is by a comparison with similar cities. We have selected Bddo and Detroit because they are like Cleveland in size, geographical location, and in the character of their population and industries. Three of the major crimes have been selected for the comparison, burglary, robbery, and auto stealing. In order to bring the comparison down to date, we have considered only the months of March and April for 1921, 1992 and 1923. Robbery B~Talo Detroit Cleveland 100 100 100 73 loo 164 172 168 21 Auto steating Baalo Detroit Cleveland -----100 loo 60 154 107 214 104 61 PERCENTAGES OF CASES OF BURGLARY, ROBBERY AND AUTO STEALING IN BUFFALO, DETROIT AND CLEVELAND IN MARCH AND APRIL, 1921.1922 AND 1923, WITH 1921 FIGURES AT 100 PER CENT Burglary ButIalo 1 Detroit [ Cleveland ............ 1921 100 100 100

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19231 CIVIC INTEREST AND CRIME IN CLEVELAND 585 Reduced to their simplest terms these statistics reveal the following comparisons : REPORTED CASES OF BURGLARY, ROBBERY AND AUTO ETEALING IN MARCH AND APRIL OF 1922 AND 1923 IN THREE CITTES, FOR EACH TEN CRIMES OF THESE EORTE REPORTED IN THE SAME MONTHS OF 1921 Bu5alo Detroit Cleveland /-I-/ 1921. ............. 10 10 10 1922 1923. ..............I ii I 1; 1 7 6 ............. I I I In short, for every ten crimes of these kinds in these months in 1921 there were in the same months in BufFalo 11 in 1922 and 13 in 1923, in Detroit 12 in 1922 and 9 in 19123, while in Cleveland the number was reduced to 7 in 1922 and to only 5 in 1923. It is only fair to caution the reader of these statistics that in reporting burglaries and robberies there are variations in the customs of cities and differences in the state statutes defining these crimes. But for the purpose for which these statistics are used here, that is showing the variation of the same crimes from year to year, they are quite reliable and adequate. Of the three cities considered Detroit probably still has the most satisfactory machinery for the administration of criminal justice. Following the establishment of its unified criminal court it enjoyed a cons:derable falling off in the number of major crimes, and since 1990 has had small and rather constant amount of crime. Upon this background Cleveland’s improvement is most impressive. JUSTICE SPEEDED UP A still more valuable measure of the increased effectiveness of the administration of criminal justice in Cleveland since before the awakening of public interest is the relative speed with which criminal trials have been completed. It is a commonplace that slow justice is usually a denial of justice. In 1919 the average time in felony cases from arrest to final disposition was 67.8 days. In 1992 this time was cut to 48 days, a net gain of 30 per cent. In this record of improvement there is much to illustrate a new tendency in public affairs which is not confined to Cleveland. Within the past few years there has been in many cities a fairly definite weakening of party power and responsibility. Moreover, local officials with multiplying duties and an increasing pressure of routine duties, with rare exceptions, find it difficult to plan and think sufiiciently to exercise constructive leadership. The function of leadership thus passing from politicians and office holders has to an increasing degree been assumed by civic agencies privately supported. It is significant that the increased effectiveness of law enforcement in Cleveland has been achieved with practically the same officials in office, with few changes in the statutes, and with only minor administrative readjustments. It has come because the forces outside of officialdom have made it clear that the price of continued tenure is a real effort to apprehend and deal properly with professional criminals. Once more we have an illustration of the power of effectively organized and sustained public intelligence.

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A REVOLUTION IN MORALS THE CHANGED PUBLIC OPINION ON VICE BY JAMES BRONSON REYNOLDS Predcn& Anurican Zndihrts of Crinrinul Law and Crintinolom The introduction bgt a distinguished author to our series of articles .. .. .. .. .. .. . .' on the municipal treatment of vice. :: .. No single sign of Social Progress in the twentieth century is more encouraging than the advance in public morals. A quarter of a century ago, wide spread white slavery of a genuine sort existed; the belief that vice was inevitable and but slightly reducible by public effort was wide spread even among municipal reformers. In all the large cities of this country, tolerated vice paid tribute to the police, and often also to politicians and near statesmen. Women were trained to believe that they must not touch the subject; men were disinclined to do so; the better newspapers avoided reference to it in order that the homes which they entered might not be shocked and tainted, while the lower grade papers went as far as the police would permit, and farther than decency would admit in reporting salacious cases in the criminal courts. Every city had its red light district, and officials and good citizens joined in declaring that it was necessary to keep vice in its proper quarter to protect the virtue of the truly virtuous. A questionnaire issued to the chief police authorities in fifty leading cities in 1910 brought the opinion from forty-eight that a segregated district was necessary or desirable and the only restraint upon it should be health measures and efficient ED. NOTE: This is the first of a series of articles upon the present attitude of the principal cities towards vice. Each subsequent article will be devoted to a single city. police service to prevent unusual acts of violence. The president of one of the largest universities in the country advised the police commissioner of a reform administration that toleration and segregation were the only safe methods for dealing with this difficult problem. These opinions were not unusual, but expressed the general view of the wise at that time. The most difficult feature of the situation was the ignorance of the better element. The cynic, the man about town, and corrupt police officials were the only ones in possession of facts. Their most determined opponents were sentimentalists, who told exaggerated tales, manifestly untrue or of very exceptional occurrence. Hence, it was not swrising that the conflict between vice and morality was an unequal one. Before stating the changes of the last twenty-five years, let us review in outline the history of this country in relation to this ancient evil. The history of vice is synchronous with that of crime in other fields, and its rise and growth vary with the varying economic and social conditions of this country. I Our first social period was the Colonial, covering our record until the War of the Revolution. Life was simple and wealth scarce. There was little money for light entertainment or self686

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lSaS] A REVOLUTION IN MORALS 687 indulgence. The city of the present day was unknown. The victims of vice nnd the scarlet woman were chance creations and probably largely of the class now reckoned as mentally defective. A notable instance of the sort is the female founder of the Jukes family, who was a half-witted servant girl in a cheap old-time inn. Immigration in the Colonial period undoubtedly contributed to debauchery. While some of the best of the Colonists left their homes for conscience’s sake and “for the God their foes denied,’’ not a few also left their country for their country’s good. Among such, male and female offenders were perhaps of equal number. History records that shiploads of young women were several times sent to the Colonies to provide wives for the planters and farmers. Public authorities frequently took advantage of the opportunity to relieve themselves of the female scum of the community, who, once landed, did business after the manner of their kind. The unloading by Europe of undesirable female emigrants, the natural and usual percentage of mental deficiency, both male and female, and the tendency of a certain number of low-grade inns in all countries and in all ages to become purveyors of vice, gradually produced disorderly houses known to the rough teamsters, who were the leading carriers of provisions and supplies in the Colonial period, and to such travelers and others as were inclined to frequent abodes of debauchery. Public action was limited to the suppression of the above resorts when they were carried to the extent of becoming centers of violence, resorted to by thieves and other disorderly characters. But the conception of the responsibility of the state among the colonists envisaged only crimes of violence affecting property and the person, and did not in the least deal with problems of morals. An examination of the penal code of any of the colonies before the Revolution emphasizes the limited scope of the law and the extent to which every man did that which was right in his own eyes. We see, therefore, that the beginnings of the morals problem, and the development of its material were clearly in evidence, but that the problem itself had not taken shape as it existed in Europe, and as it came to be later in this country. I1 Our next period dates from the War of the Revolution to the end of the Civil War. In this, two thirds of the population still lived in the open country. Cities at first were few and small, but after 1830, with the beginnings of railroads and of the factory system, the suction power of cities began to be felt, and in the last half of the period, the morals problem in the city was a real one. The laws of the country were shaped by the strong individualistic independence of the farming class. Judges, prosecuting attorneys, and other restricting and restraining agents of law and order were regarded with suspicion, as the tools of tyranny. The fathers and grandfathers of the first two generations had applauded the French Revolution, and its kicking off of all restraint from higher authorities. Men with such an attitude of mind were not prepared to institute protective laws for an element, whose mental weaknesses and other grounds for a lack of self protective power were not understood. The new industrialism of the factory system was rapidly. coming to be, but adequate factory laws for the simplest protection of physical health and economic well being were of slow development, and

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688 NATIONAL MUNICIPAL REVIEW [October only achieved after a half century of strenuous conflict. The remoter problem of moral self defense of any single element inarticulate in proclaiming its needs were neither seen nor expressed. We may quote as revealing the opinion of the time the statement of Ilr. W. W. Sanger: “Few love to know the secret springs from which prostitution emanates; few are anxious to know how wide the stream extends; few have any desire to know the devastationitcauses. . . . He, who does allude to the subject of prostitution in any other than a mysterious and whispered manner, must be prepared to meet the frowns and censure of society.” The conclusions reached by Dr. Sanger, the most careful, most dispassionate, most thorough and most highly qualified student of vice in this country in the last century, also merit quotation. He says: “Stripped of the veil of secrecy which has enveloped it, there appears a vice arising from an inextinguishable natural impulse on the part of one sex, fostered by confiding weakness in the other; from social disabilities on one side, and social oppression on the other; from the wiles of the deceiver working upon unsuspecting credulity; and, finally, from the stern necessity to live.” Nevertheless, the morals problem of the city grew apace. The results of a single appraisal of moral conditions in this period may be cited: Dr. Sanger, who was then resident physician of BlackweIl’s Island, New York, made in 1857 the first serious study of vice conditions in any American city. He obtained the aid of the mayor, the chief of police and other health and golice officers, and the results of a two years’ statistical study were important and informing. The’ population of New York was 515,547 in 1850. As evidencing the suction power of the city, it may be noted, that of 763 prostitutes found in New York and born in the United States, 394 were from New York state, 71 from Massachusetts, 77 from Pennsylvania, 69 from New Jersey, 42 from Connecticut, and 24 from Maine. Six other states contributed more than five. The southern states altogether added 12 women, and the western states the same number. The writer notes that Maine with a population of 580,000 sent 94 women, while Virginia, with 1,421,000 contributed but nine. These states were about equidistant from New York. The statistician tries without confidence of success, to explain why Maine sent so disproportionate a number. His conclusion seems to be that the employment of females in manufacturing and sedentary occupations explains the easier exploitation of girls and women in the New England and the middle states, in comparison with the southern and western states, where the factory system was much less developed. Instructive also, are the answers of 1,238 prostitutes to the question, “What induced you lo emigrate to the United States?” That the search for economic well-being even at that time was beset with many pitfalls was suggested by the reply of 411, that they came to improve their condition. Only 91 came from causes likely to land them in vice. These were ill usage of parents, running away from home, and coming with their seducers. The educational condition of 9,000 reveals a higher grade of schooling than was shown by similar inquiries in the fist decade of this century. Seven hundred and fourteen of the 9,000 could read and write well, and only 521 were uneducated. As to the cause of becoming prostitutes, out of 2,000, 525 claimed destitution, 513 admitted inclination, 858 seduction, 181 drink

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19231 A REVOLUTION IN MORALS 689 (this was before the Volstead act !), 164 ill treatment of relatives, and 134 desire for an easy lie. As to previous occupations, the answers were not dissimilar to most canvasses of this class. Nearly one-half of 9,000 had been in domestic service; one quarter were living with their families or friends and tbree-fourths of the remainder were in factories or work-shops. While but few claimed to have entered prostitution solely because of necessity to earn a livelihood, over 1,000 stated that they were earning less than four dolIars a week. In other words, starvation wages had been an important contributor to their downfall. It seems surprising, but is perhaps only to be taken as recognizing the large proportion of that element of the population, and the coarseness of the life in many cases that 440 of the 2,000 stated that their fathers were farmers. Less than 40 reported their fathers as belonging to the professional classes, while only 24 fathers were manufacturers, and 37 merchants. Here certainly, was a full blown problem of morals, discreditable to the commercial capital of the new country, “conceived in liberty, and dedicated to the proposition, that all men are created equal.” Orators of the period used to say “free and equal.” Evidently, people are created neither free nor equal. Of all the creeping things that creep on the face of the earth, the human beast is the least free and the most and longest dependent, while equality does not exist in any sense even within the family circle. The painstaking report of Dr. Sanger produced a profound impression and extended discussion, with only the limitation that the subject was tabooed as a topic for general consideration. But neither heredity nor environment were understood, and the inequalities of mental and emotional character were not appreciated by even the professional class. The conditions revealed in New York in 1857 were similar to those which arose in other large cities in the country which developed from 1870 to 1900. Voices of protest began to be raised first by individuals, and then by the churches and a few organizations, but public officials had no standards and no conception of the problem, which promised or produced constructive results. Even municipal reformers were unwilling to touch it, and less willing to be involved in any alliance with the emotional advocates of sup pression. Law givers, under pressure, passed laws, making prostitutes vagrants, and suppressing houses of prostitution, but such laws were defectively enforced for a quarter of a century, and used by the police mainly as a club to repress malefactors who became too ostentatious. 111 In the meantime, with the increasing intimacy of the relations between this country and Europe, the discussion of the problem then attracted attention in our own country. The earnest and brilliant speeches against the trdc in women of Josephine Butler in England, and the sensational exposures in London by WiIIiam T. Stead in 1885 impressed Europe as well as England with the belief that a traffic as well as a vice was at issue. In 1889, under the leadership of WiUiam A. Coote of the National Vigilance Committee, an epoch making international conference was called in England. Able and rep resentative people of many nations were present. Their testimony agreed that an international traffic existed, wide spread and sinister. Greed of gain was its motive, and the helplessness of the victims furnished the ground of exploitation. It was not a mere

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590 NATIONAL MUNICIPAL REVIEW [October question of supply and demand, but one of a stimulated supply and demand from commercial agents, and corrupt officials in every country, and instances were not lacking, that even in the best governed countries, there were officials, who yielded to temptation. Not less startling was the fact established that the traffic was largely international, and that this characteristic was due to the further fact that by transportation to other lands, the victims of one country were reduced to a condition of helplessness, that made them veritable slaves of their masters. It therefore became evident that no one country alone could solve the problem, nor successfully attack the traffic. It was a world problem, as general human slavery had been before it. Aroused by the unanimous protest of the delegates at the London Conference, in 1902, the French Government summoned a world congress of official representatives of different governments to meet in Paris. By them, a treaty was drafted, pledging the signers to common measures for the suppression of the international traffic, and the punishment of any found catering thereto. This treaty was ratified by nearly all the governments of Europe, except Turkey, and in 1906, by the American government. Both the London conference and the official congress in Paris demonstrated that America was involved in the traffic in women as well, and probably as much as Europe, and that the stream of emigration from Europe to America was polluted by the presence of procurers and their victims. IV America was further enlightened by the discoveries of medical science, the new science of public 'hygiene and the new body of educated social reformers. Thus, with the opening of the twentieth century, the time was ripe for a new movement of moral reform on a new basis and with the fullness of time, action was not delayed. The United States Congress in 1906 created a National Immigration Committee, which made an elaborate study of the whole problem of immigration. The importation of women for immoral purposes was carefully examined, and the conclusions reached were no less startling and stirring to the moral sense of this country than those previously established. The work of this committee led to the passage of two national laws, known as the Bennet and Mann laws. These enlisted the aid of the national government in the crusade, thus seriously undertaken by the entire resources of the national government. Nor were state governments idle. The National Vigilance Committee, an organization formed to suppress commercialized vice, and official tolerance or regulation of it, drafted what became known as a State White Slave Law, which was rapidly adopted by allor nearly all the states of the Union. This was followed, few years later, by an Injunction and Abatement Law. The former act aimed at the successful prosecution of procurers and promoters of vice, and the latter at the suppression of disorderly houses as a public nuisance. Meanwhile, grand juries in different parts of the country were conducting their own inquiries, and in every instance, rendered an uncompromising condemnation of the traffic in women and a demand for more strenuous official action for its suppression. Cities also made an important contribution to the attack on entrenched vice. Municipal commissions were created to investigate moral conditions in Chicago, Minneapolis, Philadelphia, and a dozen other centers. These commissions were usually composed of

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19~] ,4 REVOLUTION IN MORALS 59 1 women and men of the educated class which formerly had avoided combat with so disagreeable a topic. Their inquiries were sobkr and dispassionate. With no single exception their conclusions were that segregated districts did not segregate prostitution, that toleration did not reduce the evil nor protect virtuous women, but that on the contrary the removal of “red lights” districts in a city tended to reduce vice in other sections. One further potent influence is to be recorded. When the World War began, the American government, on entering the codict, resolved that its soldiers should not be debauched as had been the soldiers of certain other countries, in shocking numbers during the first two years of the war. It had been the habit of all countries in the war, to consider that the practice of vice was inevitable or necessary for a large percentage of their soldiers, and to make little if any effort to prevent the practice, and very little successful effort to reduce the evil effects of it among their soldiers. The American government, both civil and military, grappled with the problem, on the assumption that vice was not necessary, and that the volume of it could be reduced. Recreative substitutes were provided, and strong prohibitive measures adopted. Particular attention was directed to the training camps in this country, and especially able officers were appointed, who conducted relentless warfare against all denizens and abodes of vice, within reach of army camps. These efforts strengthened the rising tide of determination throughout the country, that all toleration and segregation of commercialized vice must go, and promoted an uncompromising warfare against commercialized vice. One cannot review the history of the vice problem and the public attitude toward it, without being profoundly impressed by the development of public sentiment relating to it along with the development of the evil itself. The toleration of commercialized vice is to-day advocated only by those ignorant of the studies of the subject during the last twenty-five years, and of the unanimous conclusions reached by o5cial and unofficial commissions, grand juries, and civic bodies. To the conclusions thus reached, there has been no reply or denial by any governmental body, or civic organization, nor any seriously considered protest over the signatures of citizens of any country. The verdict of civilization, which forty years ago would have been that commercialized vice was inevitable and could only be regulated, and thereby slightly reduced, to-day is practically unanimous that society must conduct eternal warfare against its promoters, whatever be their relations to it. One of the admitted services of the League of Nations has been its vigorous promotion of joint action against international commerce in women by all the fifty-two nations, which constitute its members. Even our own lagging country has ventured to take an official share in such action. Is it too much to believe that one more form of human slavery is doomed, and that it will only continue in uncivilized portions of the earth? “Fondly do we hope, fervently do we pray,” that this belief will be justified.

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ADMINISTRATIVE REORGANIZATION IN TENNESSEE BY A. E. BUCK New Yark Bureau qj Municipal Rarearch Tennessee has broken the “Solid South” bp the adoption of an administrative consolidation plan, the dmplest which any state has yet accepted. Ousted oficeholders contested the measure in the courkr, providing thejirst occasion upon which the conptitutwnal principles of .. .. .. .. .. consolidatirm have been judicially tested. :: .. TENNESSEE now enjoys the distinction of being the first southern state to reorganize her administration. In this reorganization she has gone even further than the states in other sections of the country toward setting up a simple, direct, responsible government. This is due, in a measure, to the lack of detailed provisions in the state constitution relative to administrative organization. The governor is the only elective constitutional officer. There is no lieutenant governor; the speaker of the senate succeeds the governor in case his ofice becomes vacant. The only other constitutional administrative officers, besides the governor, are the secretary of state, the comptroller, the treasurer, the attorney general, and the adjutant general. The first three of these are appointed by the legislature, the fourth by the supreme court, and the fifth by the governor. Thus, complete reorganization of the state’s activities was hampered by few constitutional restrictions. STEPS TOWARD REORGANIZATION Back in 1921 some citizens of Nashville became interested in administrative reorganization, and provided for a brief study of the existing organization of the state government. This resulted in the introduction in the 1921 legislature of a bill providing for a plan of consolidation, but it failed to get any serious consideration on the part of the legislature. However, this beginning coupled with the general financial condition of the state served to make reorganization an issue in the following gubernatorial campaign, which resulted in the election of Governor Austin Peay in November, 1922. At this time, the writer had about finished a survey of the various offices, boards, departments and agencies of the state government for the Nashville Chamber of Commerce. It was the intention of the Chamber to distdbute a report on this survey over the state and to assist in securing the adoption of a plan of state reorganization. During the campaign, Governor Peay had pledged himself, among other things, to a reorganization of the administrative system of the state looking to economy and efficiency. Immediately after his election the Chamber of Commerce agreed to turn over the information gathered in the survey to Governor Peay. Thereupon the writer went to the governor’s home at Clarksville and assisted him in drafting into a bill the reorganization plan and also in working out a budget to carry on the work of the new organization. Subsequently, during the legislative session, the writer assisted the legislative commit692

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19231 ADMINISTRATIVE REORGANIZATION 593 tees in working out further legislation and aided the governor in the installation of the new system of administration after its adoption. LEADERSHIP OF GOVERNOR PEAY Even before Governor Peay was inaugurated he had won tht noddence of the members of the legislature. An overwhelming majority of the members of each house pledged support to the governor in putting through his program. Like the governor, most of the members of the legislature had been elected upon a platform in which state issues, such as taxation and retrenchment, were paramount. On January 17, the day following his inauguration, Governor Peay sent a message to the legislature in which he outlined his program of legislation. Accompanying this message was the administrative reorganization bill and the general appropriation bill. In his message he pointed out that there was a deficit in state accounts of over $2,500,000, and then remarked: “Something is radically wrong with our system when a large deficit annually results in our accounts. It has been occurring for fifteen years.” This he ascribed to the existing state organization which he described as “headless and disjointed” and what amounted to “an assortment of petty governments.” After explaining briefly the proposed plan of reorganization, he anticipated that the constitutionality of the bill would be questioned hecause it disturbed the tenure of officeholders. On this point he said: “The terms of officials so vary in this state, that this reform is impossible, if they cannot be disturbed. This bill is not primarily intended to amend or repeal any existing law. Its purpose is to originate a broad and new administrative scheme in government to promote economy and efficiency. If it cannot be lawfully done in this manner, we had as well know that fact and resign ourselves to bankruptcy. The state government has passed the point where the present system can be judiciously administered. ” With this explanation he asked that the legislature give the bill its prompt attention. THE REORGANIZATION PLAN The reorganization act passed the legislature and was approved by the governor on January 31. It created eight administrative departments, as follows: Finance and taxation, agriculture, highways and public works, education, institutions, public health, insurance and banking, and labor. Forty-nine statutory offices, boards, bureaus and agencies of the state government were abolished and their functions consolidated in these eight departments. In addition, some of the statutory duties of the constitutional administrative officers were transferred to the new departments. In control of each department is a single head, called the commissioner, who is appointed by the governor without confirmation by the senate. These commissioners hold office at the pleasure of the governor. Their salaries range from $4,000 to $5,000 per year. All subordinate officers and employees in the departments am appointed by the commissioners, with the approval of the governor, and subject to the employment regulations established by the department of fhance and taxation. Each department is required to maintain a central oflice at the capitol and to keep this office open for business from 8.30 in the morning to 4.30 in the afternoon during each week day. Only one statutory agency was not included in the reorganization plan which might have been consolidated, viz., the railroad and public utilities

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594 NATIONAL MUNICIPAL REVIEW [October

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19231 ADMINISTRATIVE REORGANIZATION 595 commission. At the time the legislature was in session, there was wide digerenee of opinion in the state as to what the scope of the powers of this commission should be, especially with reference to the regulation of local utilities. Undoubtedly, a change in the organization and duties of this commission will be made the next time the legislature meets. THE NEW DEPARTMENTS AND THEIR ACTIVITIES A glance at the accompanying chart will give the reader an idea of the internal organization of the various departments and the general distribution of the activities. Each division is headed by a single officer, called in most cases a superintendent. The department of finance and taxation is the hub of the administrative wheel. It has supervisory control over all the expenditures and collections of the state government. It keeps the central accounts coverbg the state’s &cal operations. It controls the purchase of all supplies, materials, equipment and services for the state departments and offices. It gathers the information and prepares the state budget for the governor, who passes upon it and presents it to the legislature. It classifies employees in the different departments and institutions and regulates the disposition of o6ce forces when not operating to the best advantage. It regulates and equalizes the assessment of general property for taxation, assesses and collects inheritance taxes, and issues motor vehicle licenses. The administration of the excise tax on corporations and the supervision of the gasoline tax, taxes authorized by the 1943 legislature, are also placed under this department. The general property equalization and the adjustment of inheritance taxes are functions of the 3 department of finance and taxation which are finally passed on by a board consisting of the head of the department, the head of the division of taxation, the governor, the treasurer, and the secretary of state. The state funding board and the Confederate pension board are both associated with the department of finance and taxation for purposes of administration. The department of agriculture is concerned with the control of plant and animal diseases, the inspection of foods, feeds, seeds, fertilizers, and dairies, the enforcement of fish and game regulations, and the preservation of forests. Two advisory, non-paid boards are provided for in connection with the work of this department, one on forest conservation and the other on fish and game. By an act passed after the reorganization act the legislature abolished the board of fair trustees and placed the supervision of the distribution of state money for fair purposes under the department of agriculture. The department of highways and public works has charge of the construction and maintenance of the state highway system, enforces tra6c regulations, supervises the erection of public buildings, provides plans for institutional development, and exercises general custodial supervision over the capitol buildings and grounds and other public property. The department of education supervises the elementary and high school work of the state. This department also includes the state library and archives, the traveling libraries, the state land records, and the geological work. It has supervision over the records of the thirteen state boards that conduct examinations for licenses in the various trades and professions. The state board of education, of which the head of the department is chairman,

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596 NATIONAL MUNICIPAL REVIEW [October is associated with the department and supervises the administration of the five state normals and the federal funds for vocational purposes. The financial supervision of the normals, however, is under the department of finance and taxation. The department of institutions has charge of what are commonly termed the public welfare activities and institutions of the state. Under it are thirteen charitable, correctional, and penal institutions, and the workshops for the blind. The department of health has under its supervision all of the public health activities of the state. The governor may appoint a non-paid, advisory council of five members to serve in connection with this department. The department of insurance and banking regulates insurance companies, supervises building and loan associations, examines banks, and regulates investment companies (blue sky). The department of labor is charged with the inspection of mines, factories, workshops, and hotels, the enforcement of fire prevention regulations, and the administration of the workmen’s compensation and child labor laws. SOME DISTINCTIVE FEATURES OF THE PLAN Under the organization briefly outlined above, the governor has been made responsible for the administration of the state government to a degree not attained so far by any other state reorganization. Excepting the limited amount of administrative work that falls to the other constitutional officers, the governor has complete control over the administrative activities of the state government. This does not mean, however, that the governor can become an autoctat in his office, for he must give a complete account of his administration to the legislature and he is at all times responsible directly to the people of the state. If his administration is a failure, the people know who is to blame. The governor can no longer make plausible excuses for his failure to get results, or hide behind the complicated and disjointed machinery of administration. The governor is required to submit to the legislature a budget, covering the expenditure needs of the state government and the means of financing these needs. This information will be made public and will be one of the best means of checking up the success or failure of the administration. After appropriations have been made by the legislature, the centralized administration will insure that all expenditures will be made economically and that deficits will not be incurred. This plan practically eliminates boards from all administrative work of the departments and from all quasijudicial and quasi-legislative work, as well, of the departments. The administration and direction of such functions as taxation, workmen’s compensation, blue sky regulation, child labor enforcement, health, institptions, highways, and education are in the hands of single individuals. This leaves no doubt as to responsibility for action or inaction, and serves to expedite the state’s business. OPPONENTS APPEAL TO THE COURTSTEMPORARY RESTRAINING ORDER GRANTED In Tennessee the fight against the reorganization plan was not made in the legislature, as has been the case in most of the states, but in the courts. On February 1, the day the reorganization act went into operation, certain ousted officials, namely, the members of the highway commission, the tax commissioner, the members of the state board of equalization, and the warden

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19333 ADMINISTRATIVE REORGANIZATION 597 of the state penitentiary, sought an injunction preventing the reorganization act from taking effect with reference to their offices. A temporary injunction was granted the same day by Chancellor John R. Aust, and a hearing was set for February 9, on which day arguments were heard and the chancellor took the cases under advisement. In the three bills fled with the chancellor, which were consolidated by agreement at the time of the hearing, the complainants charged (1) that the reorganization act was void because it did not conform to certain provisions of the constitution as to form, (a) that it delegated legislative and judicial powers to the executive and was therefore in conflict with the constitutional separation of powers, (3) that there was irregularity in the passage of the act by the legislature, (4) that the act deprived the complainants of their otEces, but did not abolish these offices-merely changing the names, (5) that there were numerous incongruities in the act, and (6) that the plan would not promote economy or efficiency in the administration of state affairs. INJUNCTION DENIED BY CHANCELLOR On February 12, Chancellor Aust handed down an opinion in which he refused to grant the Complainants an injunction and upheld the constitutionality of the reorganization act in all its provisions, except section 14, relating to the power of the legislature to appropriate funds. He held that the title of the act was single in purpose and yet sufficiently broad to admit of all legislation tending to the reorganization of the state government, and that it was unnecessary to recite in the title the caption or substance of all the laws repealed or amended by the act. He held that while the right to hold a public office was a species of property, it did not entitle the officer to the compensation as under a contract, but that the person took the office subject to the authority of the creating power to change the compensation or discontinue the office. He held that the final passage of the act by the house was regular and that it complied with the provisions of the constitution. The other charges he considered brie0y and dismissed as being without weight in the determination of the case. Immediately following denial of the injunction by the chancellor an appeal to the supreme court of the state was granted the complainants, but the new departments were permitted to take over the work of the contested offices at once, which was done. CASE BEFORE THE STATE SUPREME COURT The case against the reorganization act came up and was argued before the supreme court on March 15 and 16. The attorneys for the appellants submitted to the court a printed brief of 95 pages in which they outlined and assigned as errors the charges in the original bills for injunction and argued at length, citing numerous court decisions, in support of these charges. In conclusion this brief says: “If this act is held to be constitutional, the next legislature can pass a more radical law. The state will be continually reorganized. It can be ripped fore and aft, from one end to the other, and from one administration to another, and no one can view with complacency what the end will be. . . . The backers of this radical legislation have drawn inspiration from the unrest of the people occasioned by times that have been extraordinary. ” The attorneys for the defendants presented to the court a printed brief of 40 pages in which they answered the arguments of the attorneys for the

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698 NATIONAL MUNICIPAL REVIEW [October appellants, and concluded as follows : “The act under consideration is more distinctly and clearly an act to establish a new system or scheme of government than any act of the legislature within the past half century. . . . There is nothing radical or revolutionary about this act. . . . The legislature made the laws that this act undertakes to change. The changes are entirely within its power to make, and always have been. The only question at all is whether the benefits of the act shall be postponed until the expiration of the terms of certain subordinate officers. That is what the Sght is over. . . . .The principle sought to be given effect in this act is fundamentally a sound one. It reinstates the governor as the head of the state’s business affairs. We cannot very well do worse than we have in the past. The new system is not a seMsh one. . . . It is at least worth trying. ” DECXBION OF THE SUPREME COWT On March 31, the state supreme court delivered an opinion in which it upheld the constitutional validity of the reorganization act. This opinion should be of special interest, since it is the first time a case involving the principles of a state reorganization plan has been tested in the courts. The reorganization acts of Ohio and Washington were before the courts, but only on the point of the constitutionality of the use of the emergency clause. The opinion of the supreme court (Home vs. Creveling, 2,550 S. W. Reporter) on the different charges was briefly as follows: 1. Upon the charge that the act violates certain provisions of the constitution as to form, the court held that the act relates entirely to one subject, namely, the reorganization of the state administration. This is made perfectly clear from reading the caption. The contents of the act, therefore, are not broader than the caption. Where an act proposes to repeal or amend several laws relating to one subject, it is not necessary for it to recite the title or substance of each previous law in the caption. This would have made the caption as voluminous almost as the body of the act. 2. Upon the charge that the act delegates legislative and judicial powers to the executive in conflict with the constitution, the court said: “The fact that certain limited judicial and legislative powers are conferred upon executive officers does not change their status as such officers, nor is it inappropriate or beyond the scope of a statute dealing with executive officers to confer such powers. ” 3. Upon the charge that there was irregularity in the passage of the act by the legislature, the court stated that it found no evidence on the journal that the bill was not properly submitted for final passage in the house after it was returned to that body with the senate amendments. Although the aye and no vote was not recorded on the final passage of the bill, the court did not presume from the mere silence of the journal that the provisions of the constitution had been disregarded. 4. Upon the charge that the act deprived the complainants of their offices without abolishing the offices, the court, after citing a number of Tennessee cases, stated that it was now established law that the legislature may abolish an old plan of government and the offices created for the administration of the old plan. “The rights of the officers thus affected must give way to what the legislature conceives to be the public interest. This, of course, assumes the change in form of govern

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19231 ADMINISTRATIVE REORGANIZATION 599 ment to be real and not colorable for the purpose of putting one set of men out of office and another set in office. ” Unless offices can be abolished, it would be impossible to put a new scheme of government into effect. “There are particular services that must be rendered by some one in any form of government and a new system cannot be stricken down because it proposes to continue to discharge essential duties. Old offices may be abolished, not only when their functions become useless, but when, as constituted, they do not fit into the new scheme. ” This act inaugurates a new dgime. Hereafter, the administration is to be one of centralized power, the governor controlling. Officials, such as the complainants, “otherwise selected than by the governor, not amenable to him, independent of his wishes, with tenures fixed, and broad powers conferred by statute are out of place in the plan adopted. They could defeat the governor’s most cherished purpose. ” 5. Upon the charge that the act contains incongruous matter, the court stated that this was largely a question of fact to be determined by its knowledge of affairs. After a thorough examination of the act the court said: “Its provisions are germane to the title and not incongruous with each other. ” 6. Upon the charge that the plan does not promote economy and efficiency in administration, the court stated that this question had no bearing on the constitutionality of the act, and declined to go into it. On this point, the chancellor had said in his opinion: “If such charge be true, this appeal should have been made to the legislature, and not to the courts. . . . Courts have no veto over the exercise of lawful power by the legislature, nor can they arrest the execution of a statute even though it could be shown it was unwise, harmful and uneconomical. ” On the general principle of centralized executive responsibility upon which the reorganization plan is based, the court said in the conclusion of its opinion: “Since in our opinion it (the plan) deals alone with the duties and functions essentially executive, the centralization of powers does not offend the constitution. All these powers might have been conferred on the governor individually, and he might have been directly charged with their execution had the legislature deemed it feasible and best so to do.” The court acquiesced in the opinion of the chancellor that section 14 of the act was invalid and elided it from the statute. REDUCTION IN TEE COST OF THE STATE GOVERNMENT Since the Tennessee reorganization plan has been in operation only a short time at this writing, it is not yet possible to show the actual economies that will be made by the application of the business methods instituted by the new system. But it is possible at this time to compare the appropriations made by the 1923 legislature to run the government for the biennium of 19331935 with the actual operating expenditures of the old government for the last biennium of 1920-1922. This comparison shows a total reduction in the operating costs of the state government for the next biennial period of $1,547,200. a this amount, $147,500 is the result of economies on the part of the 1923 legislature, and $177,750 is an estimated reduction ;S the cost of operating the state judicial system. When these two items have been deducted from the total reduction, there remains $1,221,950, which amount is a reduction in the administrative or

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600 NATIONAL MUNICIPAL REVIEW [October departmental cost of the state government. This latter amount is the direct result of Governor Peay’s program of administrative reorganization and retrenchment. In making this reduction all estimates were carefully scrutinized by the governor, who made recommendations to and even worked with the appropriation committees of the legislature, and no worth-while activities of the state were discontinued or hampered by the reduction. According to custom, two appropriation bills were passed by the legislature-a general appropriation bill early in the session and a miscellaneous appropriation bill near the end of the session. All continuing appropriations were repealed by the miscellaneous appropriation bill and definite appropriations were made for the state normals and certain activities of the department of education, which had hitherto been supported by a fixed percentage of the general education funds. All special mill levies, except one for the state university and one for the common schools, were repealed by the legislature, and the state tax rate was reduced from 36 cents to 30 cents on the hundred dollars. Sufficient surplus has recently accumulated in the state treasury to enable the administration to pay off one million dollars of the present deficit. It is expected that the state government will soon be on a sound financial basis and running in a business-like way. OUR LEGISLATIVE MILLS III. WISCONSIN BY WALTER THOMPSON Universily of Wiwona’n L A keen study of a legislature which has led the way in many refm of procedure but now aufers for lack of party organization and badership. Nothing has yet appeared to fill the place of the old-fashioned .. .. .. .. .. .. .. boss. .. THE Wisconsin legislature of 1923 was a disappointment. It was a disappointment to those who expected great things from it, a disappointment to those who anticipated radical departures, a disappointment to the members themselves. This is not merely the opinion of an observer. One had only to visit a session in either house and listen to the assertions of the tired members to have this conclusion affirmed. “We are wasting our time with trivial matters; why can’t we get .. .. .. .. .. .. .. .. .. .. .. .. together and do something?” This question was repeatedly asked in the early debates last January. After long months the members asked the same question. Either house presented a picture of a parliamentary body composed of relatively competent men, and well equipped with the necessary agencies to expedite lawmaking, but lacking that unity, organization, and leadership without which constructive legislation is extremely difficult.

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1x31 OUR LEGISLATIVE MILLS 601 ORGANIZATION OF THE LEGISLATURE The constitution of Wisconsin provides that the assembly shall be composed of not less than fifty-four and not more than a hundred members, and that the number of senators shall not be less than a fourth nor more than a third of the number of assemblymen. The experience of Wisconsin has been similar to that of other states in that the two chambers have become as large as the constitution permits. The present assembly is composed of a hundred members, and the senate is made up of thirty-three. Not a few academic students of political science, as well as men actually engaged in legislation, have suggested the abandonment of the bi-camera1 system and the establishment of a single chamber which would be smaller and more adaptable for the enactment of law. These men have urged that there are really no distinctive interests represented in either of the chambers, and that the check and balance system is unnecessary to safeguard individual rights and tends to retard legislation by furnishing an opportunity for controversies and deadlocks. Be this as it may, the last session in Wisconsin gave little evidence of any intention of abandoning or even modifying the bicameral system. A resolution passed the assembly which provided for a joint committee to report on changes in the joint rules relative to joint committee hearings. This might have been a step in the direction of joint committee hearings, but the resolution was not concurred in by the senate. Under the present organization, the joint committee on finance is the only joint standing committee. Each chamber maintains its own committee organization and operates independently of the other. On the whole, the bi-camera1 system appears to have justsed itseIf in the present legislature. This does not mean that tbere have not been different views prevailing in the two chambers with the result that there have been controversies and deadlocks. There have been differences and the result is that legislation has been impeded. Paradoxical as it may seem, it is in this fact that the bi-camera1 system is justified. The checking of hasty and unwise legislation is as important as the enactment of laws. No one can seriously argue that the capacity of American legislatures for turning out laws is too limited and should be enlarged. Our legislatures are enacting too many laws rathei than too few, and quality rather than quantity should be the standard in judging legislative efficiency. If the bi-camera1 system tends to improve the legislative output, if it tends to check unwise legislation, and if it tends to foster enactments more in conformity with the public demand and more conducive to the general welfare, then it is justifying itself. It is idle to urge a speeding up of the legislative machinery at the possible expense of the quality of the legislative output. It is equally foolish to urge the avoidance of conflicts as a panacea in legislative procedure. Conflicts and honest compromises are the very essence of legislation. During the legislative session of 1921 I happened to meet one of the senators. I asked him about the progress in the legislature and he jokingly replied: “Everything is going lovely. What we pass the assembly rejects, what the assembly passes we reject, and what we both pass the governor vetoes. We haven’t done any damage yet.” Had the senator spoken seriously he would probably not have stated the case so strongly, but his statement nevertheless is illus

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60% NATIONAL MUNICIPAL REVIEW [October trative of what may happen under the bi-camera1 system when there is a 'failure to agree. But when the importance of avoiding hasty and unwise legislation is contemplated, it becomes obvious that obstructive practices may have a salutary effect . BENATE PROVIDES CONSERVATIVE BALANCE Due to the agitated state of the public mind in Wisconsin, the senate has perhaps saved us from some unwise legislation. The Middle West, and notably Wisconsin, during the last two years has experienced a state of social unrest. This is probably due to economic readjustments made necessary after the war. A large proportion of the people are dissatisfied with existing conditions. They cannot point with exactness to the source of their grievance or suggest specific methods of relief. There has been a spirit of resentment against things as they are. The reaction has been emotional rather than rational, and present indications seem to be that it is temporary rather than permanent. During the summer of 19% the dissatisfaction was at its height. Naturally it was reflected in the type of men elected to the assembly. Those who win public approval in times of agitation are not the moderate, matter-offact, and cautious. Those who can voice the sentiment of classes who feel themselves oppressed, receive the endorsement of those classes. The pment assembly, to a greater degree than the senate, has reflected the spirit of 19%. It is questionable if this is a reflection of the real public opinion of the state. It may represent rather a passing sentiment. The senate, on the other hand, elected for a longer period, seems to have maintained a sense of proportion and balance which the assembly has sometimes lacked. The result has been that den the assembly has acted hastily, as in passing an act abolishing the national guard, more sober judgment has prevailed in the senate. The senate has, of course, also been iduenced by the prevalent social unrest, but half of its members were elected in 1920 at a time when the popular agitation was less marked. This body therefore probably represents the real public opinion of the state more accurately than the assembly and is less apt to be influenced by a momentary sentiment. However, if there is a real demand for a reform it seems to receive the endorsement of the senate as well as of the assembly. There is thus 8 combination of a body representing immediate interests and a smaller body assuming a more detached and sober attitude. The arrangement is not entirely satisfactory, but after observing the legislature for several months, one would hesitate to advocate the abandonment of the bi-cameral system. NOTABLE COMMITTEE BYBTEMELECTRIC VOTING The committee system of the Wisconsin legislature is relatively simple. In the assembly there are twentythree standing committees, some of which are obsolete. In size these committees range from three to eleven members. In the senate there are only nine standing committees ranging in size from three to seven members. In neither house does a member serve on more than two committees and many serve on only one. Committee hearings are public and listed on a special calendar. Records of committee hearings are required to be kept. All bills referred to a committee in either house must be reported out of committee and finally disposed of on the floor of the respective chambers after the majority and minority

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19931 OUR LEGISLATIVE MILLS 605 reporb of the committee are in the hands of the members of the how. This insures full publicity of committee proceedings, and no bill is relegated to the wastebasket in the committee mom. Every measure receives consideration on the floor of at least one of the chambers. By the end of May in the present session there had been introduced more than fourteen hundred bills and resolutions. Five hundred and forty-three of these measures were introduced in the senate; eight hundred and eighty-eight in the assembly. These measures cannot be finally disposed of by the committees. All must be reported back to the respective chambers for final action. It would probably be impossible to act on such a mass of legislation it the assembly were not equipped with an electrical voting device. By using this mechanism very little time is required for a roll call. The legislator merely presses a button and his vote is registered in view of the whole house. “Aye” is registered by a white light, “No” by a red one. The vote is also recorded on the speaker’s desk, and the result is immediately announced. The whole procedure takes but a fraction of a minute. I was seated in the gallery of the assembly during a busy hour in that chamber. Watch in hand, I timed the proceedings. Seven roll calls were demanded and taken, three votes were taken without a roll call, and two amendments were read and adopted. The time required for these proceedings was less than ten minutes. To appreciate the saving realized by the use of the electrical votingmachineone has but to consider the time required for a clerk to call the roll of a hundred members. THE LOBBY REGDLATED Since lobbying in Wisconsin is by law practically limited to appearing before legislative committees, a discussion of the committee system should perhaps contain a word about these regulations. Unfortunately the word “lobby” has become associated with sinister and corrupt influences. For this reason, many well-meaning people have urged the abolition of the practice without considering the effect of such a move upon democratic institutions. The permission of lobbying is necessary for the maintenance of free and democratic government. A citizen iu a democracy surely has a right to go to his legislature to secure legislation which ie favorable to him, or to discourage the enactment of measures which he deems detrimental. A denial of that right is a blow at democracy, and still when the citizen exercises it he is engaged in lobbying. The practice therefore cannot be abolished, but due to the fact that some persons unscrupulously abuse a right, it has to be regulated. In Wisconsin all lobbyists representing private interests are required to be registered with the secretary of state. They are registered either aa legislative counsels or legislative agents. This registry shows the interests represented by the counsel or agent and the legislation in which he is interested. A legislative counsel or agent cannot appear More a committee unless he is registered. He is also forbidden to appear on the floor of either house, and it is unlawful for him to try to influence individual members privately. This system, while not entirely satisfactory, appears to be a workable solution. The only thing of interest in connection with lobbying that has developed during the present session has been in connection with lobbying by some of the state administrative personnel. During the early days of the session it was charged both by the governor and by members

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604 NATIONAL MUNICIPAL REVIEW !October of the legislature that certain administEative officials were seeking to influence legislation by appearing in the legislative chambers and by personal contact with the legislators. A resolution was introduced in the senate to discourage the practice, but was later rejected as unnecessary. THE LEGISLATIVE REFERENCE LIBRARY No study of the Wisconsin legislature would be complete without mention of the Wisconsin legislative reference library and its activities. Started by Dr. Charles McCarthy more than twenty years ago, it has served as a model for similar agencies in other states. The institution is at present under the able direction of E. E. Witte. By a careful and systematic collection and arrangement of material, this library has become a storehouse of ready information for the busy legislator. The personnel of this department have held their positions for years and naturally have accumulated a marvelous amount of information on subjects of interest to a legislator. They are at the service of the legislators, and their services are constantly in demand. The legislative drafting department is attached to the legislative reference library and is under the direction of the librarian. During the recent session four attorneys were employed and devoted full time to the drafting of statutes. Mr. Witte, the librarian, has also devoted considerable time to this phase of his department. Devoting all their time to this kind of work, these draftsmen become experts. This is recognized by the legislators and practically all bills go through the drafting department. Even if a legislator has fully drafted a bill which he wishes to introduce, or if he has received a drafted bill from a constituent, he will usually refer it to the drafting department for improvement in technical form. As a rule only simple changes, such as striking out a figure and inserting another in an appropriation bill or framing a simple amendment, are attempted in the legislative chambers without the assistance of the drafting department. The assembly committees for the improvement of the technical form of bills, such as the committees on engrossed bilk, enrolled bills, revision, and third reading are obsolete. Such committees do not exist in the senate. In both houses this work is done by clerks, but in the assembly these committees theoretically function, bills are referred to them, and the clerks in reporting out the measures sign the name of the appropriate chairman. The drafting department of the reference library is concerned only with the individual bills to be drawn up during a legislative session. The whole body of the statute law of the state comes again under the scrutiny of the revisor of statutes. This office was created in 1909. The revisor is appointed by the trustees of the state library and is not connected with the legislative reference library. His duties are "to formulate and prepare a definite plan for the order, classification, arrangement, printing and binding of the statutes and session laws. . . ."I A compilation of the revised statutes is issued every two years. These compilations are systematically arranged and contain the whole body of the statute law brought up to date. Wisconsin is thus fortunate in having expert service both in the drafting and in the revision of the statutes. This service is reflected in the form of the law. The statutes are remarkably clear, brief, and conveniently arranged. "Xsconsin Statutes, Sec. 43.09 and 43.08.

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19931 OUR LEGISLATIVE MILLS 605 16 40 00 79 45 34 36 23 61 I NO LIMIT ON LENGTH OF SESSIONS Finally, in considering the organization of the legislature, something should be said about the duration of the legislative session. There is no constitutional limit on the length of the session in Wisconsin. Legislators are paid $500 per term and receive mileage to and from the capital. They can remain in session a week or two years, but their pay is the same. During the nineties the usual duration of a legislative session was about a hundred days. Beginning with the present century, there was a gradual increase. In 1905 there was a notable increase, the session lasting a hundred and sixty-three days while the session of 1903 lasted only a hundred and thirty days. The tendency since 1905 is shown by the following table: DURATION OF SESSION AND AM0 sembly spent considerable time and energy in trying to declare Eugene Debs a Christian gentleman by legislative action. This is not intended to cast any aspersions upon the character of Mi. Debs, many of whose qualities are admirable. But it hardly seems probable that the people of Wisconsin are greatly concerned either about his gentility or his Christianity. The senate spent hours and days indulging in nonsensical practices to postpone action on the tax bills endorsed by the administration. The joint resolutions introduced in the two houses touch on a variety of subjects ranging from the “French invasion of the Ruhr” to “undemocratic social functions at the university.” The Eighteenth Amendment and the Volstead Act are exceeded perhaps only by the birthday felicitations in the number IUNT OF LEGISLATION. 1905-1923 ~ Year Length of aesaion in calendar dayn ~~~ ~ No. rneawmn passed Bills I Joint reealutions 16 16 1s 16 19 19 18 19 18 18 lo&. .................................... 07 ..................................... lo9 ...................... 111.. .................... I13 ..................................... I15 ..................................... I17 .................................... 119.. ...................... 163 dya 189 156 185 :: 213 223 ‘‘ 187 :: 203 184 ‘. ....... 523 676 590 665 778 637 679 703 591 ... .. , The unlimited session has its disadvantages as well as its advantages. Feeling that they have linlimited time at their disposal, legislators are tempted to indulge in dilatory practices and give attention to inconsequential matters in a manner which would not be possible if the session were terminated on a definite date. During the first three months of the recent session very little of importance waa accomplished. Much time was wasted in discussing irrelevant matters. The asof resolutions which they have inspired; and national prohibition, being a more controversial subject than birthdays, the resolutions deaIing with it have required more time. Birthday greetings are read and adopted; resolutions dealing with prohibition are read and debated. MERITS OUTWEIGH DISADVANTAGES But while it is reasonable to assume that the unlimited session encourages delay, it nevertheless has its merits,

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606 NATIONAL MUNICIPAL REVIEW [October and these probably outweigh the disadvantages. Due to the growing complexities of modern life, state legislatures have to face more and more problems. The table above shows that, not only has the length of the session increased, but there has been a marked increase in the number of bills enacted. From 1890 to 1905 no Wisconsin legislature enacted more than five hundred laws. Since 1905 no legislature has enacted less than that number. There is need for more legislation to-day than there was a half century ago, and more time is required for lawmaking. In a number of states the length of the legislative session is fixed by the state constitution. The time specified might have been enough when the constitution was adopted, but may be hopelessly inadequate to-day. The practice of resorting to such subterfuges as the observance of " legislative days " in some states where the sessions are limited indicates that the time allowed is too short. In the Wisconsin legislature, with its unlimited session, there are delays. It is difficult finally to settle a question. A bill may be indefinitely postponed and later brought up for reconsideration and passed. However, when the legislature finally adjourns it has had ample time to give full consideration to measures, it has not been too crowded during the closing days of the session, and the enactments are reasonably in line with the general wishes of the legislators. Unqueationably the tendency is for the sessions to become too long. This works a hardship upon the members and is a strain upon the patience of the public. The session would probably be shortened if there were a real party organization and party leadership to expedite matter&. To limit it to a definite number of days would probably be a mistake. NEED FOR PARTY ORGANIZATION AND PARTY RESPONSIBILITY This paper was begun with the assertion that the present legislature of Wisconsin is a disappointment. After having surveyed the organization of the legislature and the agencies for expediting and improving legislation, this assertion may seem paradoxical. Here we have a legislature composed of a hundred and thirty-thnx members, most of them able and competent, all of them apparently honest and anxious to serve their state and their constituents according to their best judgment and abilities. They are organized under a parliamentary system which it has taken centuries to develop; they are surrounded by experts in the mechanics of lawmaking; they are afforded every material convenience to expedite their task. In spite of all this, the present legislature has not accomplished what its friends had hoped in the way of constructive legislation. The diEculty seems to be that the legislature is a group of individuals attempting to work together without accepted pay leadership in the chambers, without common principles, and without a definite purpose. PARTIES LOOSELY ORGANIZED What is seriously lacking in the Wisconsin legislature-and it has been lacking for years-is that peculiar unity of purpose, selfish though it be, which comes only with party organization and party responsibility. With the exception of the small group of socialists, there is no working organization along party lines. The disparity in party strength is such that party organization seems hopeless to minority parties and needless to the majority party. This disparity, while accentuated in the present legislature, is characteristic of the political situation

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19231 OUR LEGISLATIVE MILLS 607 1905 ............ 1907 ............ 1908.. .......... 1911 ............ 1913 ............ 1915 ............ 1017.. .......... 1919 ............ 1921.. .......... 1923 ............ in the state during the last three decades. The following tables show the relative strength of political parties in the last ten legislatures : PARTY STRENGTH IN THE ASSEMBLY, 1905-1923 Year 1 Republicans I Democrats I Others 85 11 4 76 19 5 76 19 5 59 29 12 57 34 9 62 30 S 79 14 7 81 4 15 92 2 6 89 1 10 4 5 4 4 9 8 6 2 2 0 PARTY STRENGTH IN THE SENATE, 1905-1923 0 1 1 2 2 3 3 4 4 3 1905 ............ 1907 ............ 1909 ............ 1911 ............ 1913 ............ 1915 ............ 1917 ............ 1919 ............ 1921 ............ 1923. ........... 28 27 28 27 23 22 24 27 27 30 It has been the experience of every representative government that some extra-governmental agency is necessary to formulate policies, to nominate candidates, and after securing control of the government to assume responsibility for its policies and for the conduct of its personnel in official positions. The political party has filled this need, and although criticised as inimical to democracy it has always appeared as an essential agency of popular government. To-day it is frequently lamented that the major parties do not stand for any definite distinguishing principles, and it is asserted that parties should represent distinct interests and issues. It is hopeless to realize this ideal. Party a5liations are largely determined by accident of birth and environment. If ten thousand people from all classes of society were selected by lot and placed on one side of a street and ten thousand selected in the same manner and placed on the other side, it would not be expected that one side would differ materially on issues from the other, or would be actuated by different motives or principles. Party adherence is almost equally accidental, and it is childish to suppose that a group of a hundred thousand Democrats should differ radically from a group of a hundred thousand Republicans on definite issues or policies. Nor is it important that they should differ on rational questions. Elections are determined, not by rational, but by emotional reactions. The important thing is to have two parties, the “Outs” and the “Ins,” the one seeking to retain control of the government, the other seeking to gain control. If the people are dissatisfied with one they can select the other. This simplifies matters. The party must stand or fall on its record. When such a condition prevails, the interests of the legislator and his party tend to become one. An organization must be kept up, comprises must be reached within the party, and a working machine under a trusted leadership must exist. The situation in the Wisconsin legislature is the very opposite of this. With the exception of the Socialists, there is no party organization and no recognized party leadership within the legislature. HISTORY OF PARTIES IN WISCONSIN It is impossible here adequately to consider the political history of Wisconsin which has culminated in the present situation. It must, however, be given a brief mention. Since the Civil War Wisconsin has been a Republican state. The Democratic party, however, until recently, maintained a party organization and occasionally

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608 NATIONAL MUNICIPAL REVIEW [October elected congressmen, and other important officials. Twice it succeeded in getting control of the state government. Up to 1904 the political campaign was waged between the Democrats and the Republicans. With the emergence of Senator LaFollette there occurred a split in the Republican party. Unfortunately this breach developed about the same time that the convention system was abandoned for the direct primary, and consequently no common meeting place has been afforded where those who style themselves Republicans can convene and settle their difficulties in a spirit of honest compromise. The last Republican convention was held in 1904. It was hardly a party convention. In many respects it resembled a glorified Donnybrook Fair, and it ended in a bolt. Since then there have been two factions in the Republican party. They have called themselves by different names, and have characterized each other by various epithets. The appellations are unimportant. The truth of the matter is that one group might be termed the LaFollette faction and the other the Anti-LaFollette group. The magnetic and dominating personality of Senator LaFollette has been the center of the political arena. Wisconsin has the I‘ open” primary where a voter may secretly vote in any primary he chooses. The only conventions of any importance held during the last decade have been Republican factional conventions. The result is that the Democratic party has disintegrated, its former adherents voting with one or the other of the Republican factions. The election of 192% was an overwhelming victory for the LaFollette faction. It was the first time since the breach in the Republican ranks that one faction of the party gained complete control of all branches of the government. One would expect this to bring about a harmonious functioning of the agencies of the government. This unfortunately has not been the case. The reason is evident. The LaFollette movement in 1922 lacked a recognized responsible organization, and did not have a comprehensive, constructive program on which the many and varied followers of the Senator could agree. No generally representative convention was held to select candidates or formulate policies. A variety of different elements, many of which had conflicting interests, rallied to the LaFollette faction. Those associating themselves with the LaFollette group were elected to the legislature, and an overwhelming majority was realized in the assembly. By uniting with the Socialists a working majority is also secured in the senate. NO MAJORITY OR MINORITY ORGANIZATIONS IN ASSEMBLY The LaFollette Republicans, while having an overwhelming majority in the assembly, have not perfected a working organizatign. They style themselves “Progressives. ” But the word “ Progressive” as applied to politics is merely an attitude word. It is a word to conjure with and admits of a variety of interpretations. Some of these Progressives are primarily interested in agrarian legislation; others are interested mainly in labor legislation. Some are wet and some are dry, and their views on the liquor question are likely to color their whole outlook. A large number are interested mainly in economy and inclined to disregard how that economy is to be realized. Yet it is difficult to reconcile radical retrenchment with a progressive program. One member openly boasts that he is carrying out his campaign pledge of voting against

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19331 OUR LEGISLATIVE MILLS 609 every bill which provides for an appropriation. The drys are Progressives inteialia. The wets are Progressives inter pocula. They are all Progressives, but not always progressing. No recognized leader in the assembly has come to the front to organize these Progressives into a cohesive, functioning, majority organization. They never hold a caucus. In fact the Socialists are the only members who hold party caucuses regularly to determine what stand to take on pending legislation. The drys caucus and the wets caucus, but this tends to divide rather than unite the Progressives because, like Mark Twain, they have friends in both places. The lone Democrat in the assembly was elected, not as a follower of Andrew Jackson, but as an opponent of Andrew Volstead. In an assembly representing so many conflicting interests it is impossible to organize the members into a majority group and a minority group. A majority will stand together on one question and rearrange itself on another. A vague majority organization seems to exist by a combination of the administration forces and the wets. A still more vague minority has occasionally formed in opposition to the administration. This minority is made up of the handful of so-called “Conservatives, ” the ten Socialists, and the drys. Such a minority, of course, is not capable of working together. Not only does it group the Conservatives and the Socialists together, but it places the Socialists with the drys, and all the Socialists members come from Milwaukee and wish to see their city famous again. But this majority and minority are not to be taken seriously. The situation is cited to show that there is no real working majority or minority organization in the assembly. In the senate there is a real opposition. The anti-administration group has fifteen members. The administration forces also have @teen, and there are three Socialists. The division is so close here that one never knows in advance what the senate will do. The administration forces must maintain a working agreement with the Socialists if they are to retain a majority. If they lose one vote they are shaky; if they lose two they are lost. The anti-administration members, realizing that in unity there is strength, have stood together. The administration supporters have frequently disagreed among themselves and lost the day. Even in the senate, where the forces are almost equally divided, there is a failure to effect compromises within a group and thus maintain a working majority organization. The Wisconsin legislature is a medley of individuals, groups, factions, and codicting interests. What is needed is a consolidation of these various individuals and groups into effective majority and minority organizations which actually have a purpose and a program. An organized minority party seems to be beyond the hope of immediate realization. The Democratic party is so completely demoralized that it could not fill the requirements of the election laws and had to run its candidates as independents in 1922. In more than hall of the assembly districts the Democrats did not run a candidate for the assembly. Some former Democrats, discouraged with the petty opportunism of their party in the state and dispairing of its chances of success, have deserted it and are now serving in the legislature as Republicans. But if a continuing minority party cannot be restored, something must be done with the majority party. Able leadership in the legislature is needed to consolidate the various interests now making up the Republi

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610 NATIONAL MUNICIPAL REVIEW [October can party into really effective majority and minority organizations. Real progress means the formulation of a constructive program based upon sound principles and an organized effort to attain the goal. It matters nothing under what banner the organization works. Until it has a program and leadership to carry it out, a legislature can never be progressive. Retrenchment is not progress. It is another word for reaction. During the present session there has been initiated a constitutional amendment providing for the initiative and referendum. It is advanced aa a progressive measure, but if adopted it will probably be a disappointment to its proponents. It is likely to prove but another way to shift responsibility from the legislature to the people. Legislators are prone to vociferate about the wisdom of the people, but they fail to observe that their own election is sometimes positive proof of the fallibility of the electorate. Nothing is to be gained by shifting the responsibility from the legislature to the voters. What is needed is an organization in the legislature which will assume collective responsibility for its actions and be answerable to the people for what the legislature has done or has failed to do. 2The author is indebted to Mr. Waldo Schumacher for much of the statistical material contained in this paper. THE INITIATIVE AND REFERENDUM IN THE YEARS 1921 AND 1922 THIRTY-SIX AMERICAN CITIES -IN BY E. L. SHOUP Weatem &me Uninnaiiy A review of the initiative and referendum in cities with full statistical . .. .. .. .. .. tables. :: .. THOMAS HOBBES attributed to mankind ‘‘ a perpetual1 and restlesse desire of Power after power, that ceaseth only in Death.” If the use made of the initiative and the referendum in the years 1921 and 192% in thirty-six cities chosen at random from all parts of the United States is typical of the desire of the electorates for the exercise of the legislative power, it is evident that Hobbes has overstated the case against “the mob.” Just as far adrift were those enthusiasts of a decade ago who asserted that law-making directly by the people must eventually overshadow that by elected representatives. Nine.. .. .. .. ,. .. .. .. .. .. *. .. ty-five measures were voted on by these cities in two years, of which fifty-one carried and forty-four were rejected. Although the power was their’s for the taking, the electorates of only twenty-one cities, of the thirty-six examined, availed themselves of it. Nor did they clamor for corn and wine and games at the public expense and vote them to themselves! In fact Grand Rapids and Omaha rejected propositions to provide free public receptions, entertainments, and concerts! These figures do not represent the 1 Full statistical tables are given on pp. 616 to 66%

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19231 INITIATIVE AND REFERENDUM 61 1 full amount of direct legislation in which the people of these cities participated for, naturally, state and county measures were not included. Those bond issues and tax levies for municipal purposes which the state constitution or the city charter requires to be submitted to the people have also been omitted; but those coming up in the form of an initiative or referendum ordinance have been included. The thirty-six Initiative and Referendum cities chosen represent all sections of the country and all sizes of municipalities from the fifteen thousand of Albuquerque to the nearly a million of Detroit. While the number used is not sufficiently large to warrant an attempt to draw detailed conclusions, some general tendencies are unmistakable. In general, it does not seem that the size of the city has much to do with the frequency of the use of the initiative and the referendum. If the fourteen smaller Ohio cities given in a separate tabulation were included, the odds would be with the la.rge cities. With respect to geographical sections, the greatest use was made in the Pacific and Mountain states, followed in order by those of the north central region and of the northeast; while the old South made use of them the least. Only eight of the thirty-six,-Albuquerque, Dayton, Grand Rapids, Jackson, Norfolk, Phoenix, Sacramento, and Wichita, were under the commission-manager form of government during the period of the survey. It may be only a coincidence that but three of these had initiative and referendum elections and that a total of only ten measures, six of them in one city, Grand Rapids, were voted upon. Sacramento passed an initiated ordinance prohibiting one-man cars and shortly afterwards found it necessary to call another election to vote on its repeal because of a threatened increase 4 in fares. Its third measure was a rejection of a prohibition enforcement act, known as the “Little Volstead.” Dayton voted on a charter amendment involving the abandonment of the commission-manager plan of government. In theory a chief function of the initiative and referendum is to furnish a means for an appeal to the people when, as in theeayor-council type of government, there is a deadlock between the two organs which jointly hold the supreme power. It would follow that when there is a centralization of power and responsibility as in the commission-manager plan, the use of direct legislation would be restricted to special questions of such a weight or nature as could best be passed on by the electorate directly; or, that it should be used as a weapon by the opposition in the council when they believe the majority of council is no longer representative of the popular will. All that can safely be said here is that the city manager cities have apparently made a smaller use of the initiative and referendum than those where the orthodox scheme of the separation of powers prevails. POPULAR PARTICIPATION IN DIRECT LEGISLATION Lord Bryce’s parting words to the coming generations were not to despair of Democracy so long as there is a popular interest in the affairs of government. How is it with the American cities? The proportion of those voting on initiative and referendum measures to the totaI population varies a11 the way from 5.2 per cent in Duluth to 97.6 per cent in Cincinnati and 2.8 in Dayton. The average for the twenty-one cities is 15.8 per cent. While this seems small, it can only be judged when placed in comparison with typical votes of the same cities for some elective

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613 NATIONAL MUNICIPAL REVIEW [October o5cer. Upon such comparison, it is found that in every case but one, the average number of votes cast in the initiative and referendum elections is less than those for the elective office. The disparity, however, is not of an unreasonable amount: the average of the former is but 2'7.9 per cent less than that of the latter. Or, by another mode of comparison, the average vote for the elective officer is 21.9 per cent of the total population; while that for the initiative and referendum measures is 15.8 per cent of the total population. The reason for the difference probably lies deep in human nature;-the universal existence of an innate gossipy streak which inclines people to be more interested in persons than in issues. Do these results indicate a hopeless shiftlessness in the populus as respects participation in direct legislation? The facts are here-, each one may interpret them for himself. But it would not seem that the voters are lazy unless one assumes the same also for the popular election of public 05cials, which few are prepared to do. It cannot reasonably be contended that the average vote on these ninety-five initiative and referendum measures under present conditions of society is so small as to make them less than a mandate from the people. KINDS OF QUESTIONS The ninety-five measures voted on represent a wide variety of subjects. In their essence, they comprise matters which are, technically speaking, constitutional (charter) laws, administrative regulations, and ordinary legislative enactments. Ideally, class one are proper subjects for the electorate to pass upon directly, while all of class two and most of class three could better be performed by the city government itself if capable, responsible, and represent at ive . Formally, the questions show a marked preponderance in favor of charter amendments in the ratio of more than two to one. On first glance it might be assumed that this was to be expected since constitutionor chartermaking lends itself better to popular control than the making of ordinances. But further examination shows that the distinction in this case is only nominal. Many that were submitted as charter amendments could just as well have been submitted as ordinances: they are indistinguishable in substance. Thirty-three, or about a third of the measures may be classed as political. These have to do with elections, the disposition of the powers of government, their shifting from one officer or department to another, the making of wards and precincts; and general matters of policy. The next most numerous group, twenty-four in number, concern public utilities, both privately and municipally owned, and other public property. Eighteen are classed as financial. The thirteen classed as social include such various matters as community houses, free concerts, and the public schools. The last and smallest grbup of seven are laws of a restrictive nature and properly speaking are exercises of the police power of the state. POLITICAL QUESTIONS The commission-manager form of government was up for consideration in four cities. It was adopted by Cleveland, but turned down by Denver and Pueblo; while Dayton refused to abandon it. Des Moines voted to permit candidates for the commission to state their preference for the headship of one of the administrative departments. Lincoln, Nebraska, carried an amendment to permit the electors to indicate which one they prefer for mayor, when voting for commis

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19m] INITIATIVE AND REFERENDUM 613 sioners. A number of questions of a nature too complex and detailed to be discriminatingly considered by the electors were before the people of San Francisco in its reguIar municipal election in December, 1944. Notably, were important changes in the civil service laws, the reorganization of the police court, and the creation of a public utilities commission. Happily, the most questionable of these were defeated. Among the eleven measures on the ballot in the May, 199% election in Denver, were a number which on their face bore the impress of personal and class interests or were of a "ripper" nature. All of these, too, were overwhelmingly defeated. An initiated ordinance to set a minimum wage of five dollars a day for laborers on city work, with a Saturday halfholiday in the summer months and establishing the eight-hour day, was among those defeated in Denver. PUBLIC UTILITIES Public utilities and city properties were the subjects of considerable legislation. These included for the greater part, franchises, extensions, improvements, and rate regulations. Public ownership fared rather well. Buffalo voted overwhelmingly to petition the state legislature for permission for the city to own and operate bus lines. Lincoln gave permission to the council to own and operate a municipal coalyard. San Francisco, which had had some experience with municipally owned car-lines, voted to allow the city council to purchase and operate any part or all of the street railway system. In Detroit the street railway ouster ordinance carried, as well as the one ordering the city to purchase and operate the system. The only set-back was in Lowell, Massachusetts, where a proposition to acquire, maintain, and operate a municipal gas plant was defeated. FZNANCUL No innovations are found in the various financial measures. Buffalo refused by a large vote permission to the board of education to determine the amount of school bonds to be issued without limitation by the city government. Detroit provided for the payment of the taxes in two semi-annual installments. Duluth set a fifteen dollar per capita limit on taxation for general government purposes. San Francisco created a bureau of supplies to facilitate centralized purchasing, and explicitly interpreted the charter to permit the expenditure of funds for the construction and maintenance of highways outside the corporate and county boundaries. The same city decisively defeated an ordinance setting a salary scale for the principal officers. SOCIAL AND POLICE Only about one-fifth of the measures fall under this classification. Grand Rapids rejected an ordinance to provide free community concerts; while Omaha rejected a similar measure as well as one for free nursing. Two cities voted on the question of daylight saving,-Buff do sustaining such an ordinance then in existence and Milwaukee adopting one by a close vote. Grand Rapids by a three to one majority adopted an ordinance punishing frauds in the local elections. Los Angeles by the initiative carried the repeal of two ordinances which had granted permission to certain private parties to erect buildings over certain public alleys. THE OUTCOME OF THE VOTING It does not seem that there were many cities in which messures were submitted on which because of their nature or number a passably intelligent judgment might not have been given

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614 NATIONAL MUNICIPAL REVIEW [October by the electorate at large. Conspicuous examples of the contrary were San Francisco and Denver. At the regular municipal election in the former, no fewer than twenty-three questions, of which all but one were charter amendments, were submitted. An election pamphlet of thirty-one pages was required to contain the text. They covered a wide range of subjects, were for the greater part unrelated to each other, and could not have been understood without such a detailed knowledge of the charter as could be expected of few voters. Much the same was true of the eleven charter amendments and ordinances in the Denver election of May 17, 1921. Twenty-one out of the thirty-two, or 66.6 per cent, of the measures placed on the ballot by the initiative failed of passage, as compared with twentythree out of sixty-three, or 36.5 per cent, placed there by the referendum. That is, the voters were almost twice as much inclined to reject measures originated by themselves as those by the city council. It would be presumptipus to attempt to pass a judgment upon the wisdom of the votes on individual questions without an intimate knowledge of the local situation and issues. But some general prima facie conclusions may be drawn. That the voting in general was conservative is evident. Almost as many of the measures were defeated as carried, the outcome for charter amendments and ordinances being about the same. Whenever they were so numerous or intricate as to puzzle the voter, he seems to have adopted in defense the slogan, “When in doubt, vote No.” Three amendments in the San Francisco election emasculating the civil service law were smothered. Another authorizing the board of park commissioners to build garages in the public parks or grant fifty year leases to private parties for the same purpose met a like fate. All eleven of the Denver proposals, several of which might have had merit, were defeated by majorities running all the way from two to one to five to one. The soundness of the charter amendment adopted in Lincoln, a commission governed city, in which the designating of a commissioner for mayor is transferred from the commission to the voters, may well be questioned. In general, however, one gains the impression that the voting by the electorates on these ninety-five questions was at least as satisfactory and sound and well-considered as could be expected from the average American city council. THE INITIATIVE AND REFERENDUM IN FOURTEEN OHIO CITIES IN 1981 AND 19% The results for fourteen Ohio cities, not included in the foregoing list, for the years 1921 and 1922, show some variations from those for the nation at large. All of these cities with the exception of two, Barberton and Lancaster, have in excess of twenty thousand population. They have the initiative and referendum either by charter or under the general code of the state. Only eight measures were voted on in the two years, that is to say, a ratio 78.4 per cent less than for the thirty-six. The chief reason for the difference doubtless is their smaller average size which brings about more intimate contacts between the citizens and officers and makes for more responsible government. On the other hand, several have not availed themselves of the opportunity, afforded by the state laws to frame and adopt their own charters. Such cities are still less apt to make use of the initiative and referendum, a device handed down to them from above by the state legislature and constitution.

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19rt3) INITIATIVE AND REFERENDUM 615 This accounts in part, too, for the further difference that no charter amendments are found among the eight measures. The ordinances cover the usual range of subjects. East Cleveland, a managercommission governed city, by an initiative petition forced a referendum on a new schedule of gas rates set by the commission. The latter was overruled in a warm campaign by a vote of 1,266 to 1,354. Counting all fourteen cities, three ordinances were passed and five rejected. CONCLUSIONS These may be briefly summarized as follows : First. The initiative and the referendum have on the whole been used conservatively and constructively. The prevailing tone of the voting would be dominated progressive. They have not proved subversive of the existing order. Second. They were used somewhat less by manager-commission cities than by those under the old mayor-council plan. Third. .The small cities used them less than the large ones. Fourth. They were used more for the making of charter amendments than for ordinances. Fifth. Questions placed on the ballot by the referendum were more successful in passing than those placed there by the initiative. Sixth. The initiative and the referendum have in no sense proved to be substitutes for the work of the city council or commission. They seem to have found their niche. In the first place, they are instruments for occasional use on all sorts of questions to enforce sense of responsibility on the city government. Secondly, they provide a ready means for the expression of the popular will on certain clear-cut issues where for some reason a direct mandate from the people is desirable.

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616 NATIONAL MUNICIPAL REVIEW [October USE OF THE INITIATIVE AND REFERENDUM IN THIRTYSIX CITIES IN THE YEARS 1921 AND 1822 Albuguerque ...... Birrmngham, Ah.. . Buffalo. .......... Cambridge. Mass.. . Charleston. w. Va. Cincinnati. ....... Cleveland ......... Columbw. ........ Dayton. .......... Dsnver ........... Dee Moines. ...... Detroit. .......... Duluth. .......... Grand Rapida.. ... Haverhill Mw., . . Hourrton hx., .... Jaoluon 'Mich. .... Laande, MW.. .. Linooln. .......... Lon Angelem. ...... Lowell Mass. ..... L nn haw. ...... dobiobiIe. .......... Norfolk. .......... Milwaukee. ....... olllsha, .......... Phosnix .......... Pueblo Colo.. ..... Richrn&. ....... st. LOUIE ......... 6t. Paul.. ........ ___ Totals I Charter Amendments Ordinances Initiative 1 Referendum Initiative Referendum hrried lejected tejected 3 2 1 1 9 16 Rejected lejected Carried 2 1 1 1 a 1 1 1 10 2 1 1 1 1 1 c_ 7 4 1 2 I 11 2 6 3 ?O 2 4 4 1 4 6 1 1 3 5 23 1 95 korsmento. ...... &n Diego: ....... 0.n Fzanclsco ..... 8 hne.. ........ %n.. ..... l6 30 5 9 12 Chnrtcr Amendments.. ......... Ordinances.. .................. s5

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19231 INITIATIVE AND REFERENDUM 617 U8E OF THE INITIATIVE AND REFERENDUM IN FOURTEEN OHIO CITIES IN 1921 AND 1922 (These cities were not included in the foregoing table) Elyria. ....... Hamilton.. ... Lakead.. ... ... ................ .................... ...................... ....................... ...................... ................ ................ ...................... ...................... ...................... ...................... ..................... ...................... ..................... Charter Amendments 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PnaSed 1 1 1 3 -Rejected 5 SIZE OF VOTE CAST AT INITIATIVE AND REFERENDUM ELECTIONS IN THE YEARS 1921 AND 1922 Albuquerque. ...... Birmwham. Ah.. . Cincimuti .......... Clevehnd ......... Columbur ......... Dayton. .......... Denver ............ Des Moin-. ....... Detroit. ........... muth ........... Grand Rapida ...... Haverhill. Mean.. ... Houston, Tax.. ..... Jackeon Mich.. .... LanrenA. MW.. .. ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ Lincoln. ................... La Angeles. ............... ............. .............. ................ Mobile. ... Omaha. ................... Phoenix.. ................. Pueblo Calo.. ....... .I.. .. RiohmAnd ................. st. Louis.. ................ St. Paul. .................. Sacramento. ............... Bsn Diego. ................ &n Francisco. ... kana. .... P ichita, Kan. ..... ...... ......... ......... Population 45.581 171.667 772,897 506,676 104,437 72,217 130,699 134,859 150,455 (Governor) 63,826 m,m 30.350 124 854 29,250 20:377 (Governor) 13.181 91,838 24.192 22.664 77,735 54,546 (Governor) 7,006 203,340 (Governor) 29.653 9.307 (President) 128,74 1 (Governor) 32,482 ia.302 kverap Vote on Initiative md Referendum 82,880 111.828 109,780 5.467 88.427 8.811 17,133 ~,291 40,351 6,236 175,364 9,708 12,002 100,120 22,861 62.2 83. 72.9 85.9 87.3 76. 88.2 25.4 50. 41.4 30.4 75.6 72.4 73.9 89 86.4 79.7 128.9 77.7 69.7 m.2 11.2 E: ! n.0 15.6 18 10.8 5.2 10.6 9.9 1b.3 7.8 17.4 12.3 21.0 13.6 22.7 14.7 I6 19.7 21.6

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618 NATIONAL MUNICIPAL REVIEW [October VOTES ON CHARTER AMENDMENTS UNDER THE INITIATIVE AND REFERENDUM elected by proportional representation. .................................. Cdumbus D%%atablish the mayor-council form of city government. ................... Dsrcser Changing the relation ofthe election cornmimion to the city government and naming Rex B Yea er commissioner for a term of six pan.. ....................... ValidstiG ad oondrming all city and count bonds heretofore ilsued.. ........ Cre8ti.q a municipal b$di oommilsion aK-ing three men to fill it, and proCreatiq a public iervice board to,regulate public utilitia. ........... To provlde lower rcnta by restricting the rates on houaea and peraonal propeky to oabhalf thaw on land ......................................... h in the ow of 10081 im rovemento aid for by e them by day labor mfer its own &rection or m&ng for the erection fa city hall. .......................... ......................................... IN THE YEARS 1921 AND 1922 Dea Afoin~ Providing that each candidate for the city council designate the articular department to the superintendency of which he aapirw, and which, if erected. he shall fill Daaoil Payment of taxes in two installments Pmvidifor twenty-four wards and Betting $15.00 M the man any OM ear excepting F’rovlding b the iaauance permanent improvement fund. ........................................... Authorising the iasuance of bonds not exceeding $25.000 for the “Welfare Building” Duluth Grad Rapid. Diviaion of city into wards and the election of various city officiSL. ............. Settin a rate of interest on municipal bonds. ... Proviing a fund for receptions entertainments, e Punishment for frauds in munidipal electiona. ... To permit the granting of certain franchires. ................................ Incrensinp the amount of street and mwer bonb. ............................ Commurutyconce rts ...................................................... Harerhill, Moss. Houslon, Tczar Jackaon, Mi&. Luwacs. Mar. Lincoln Allowing candidates for counci!to eIpream preference on the ballot “for mayor,” the Authorizing the city to establish, maintain one ao doing receivin the highest vote th and the department 07 public affai?. . ~. . .... .... Yes 77.888 16.159 6.438 6,874 7,784 4.266 7.295 6,687 5,430 10,386 56,707 33,990 3,586 3,512 3.820 9,215 8,041 8,197 10.110 6,610 6,496 6.046 10.739 8,310 4.217 4.686 Lo8 An&+ Providing for 6remen’s and poliecmen’s pensions. ............................. 84,466 District representation. ................................................... 35.203 No 58.204 25,953 34,545 32.303 32.303 34.703 32,050 29,740 30,477 9,941 46 715 671878 1,610 1,655 1.356 11.626 6,940 8.947 3,315 2,626 2,426 2,412 7.660 9,779 1.596 426 38,111 52.408

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1923) INITIATIVE AND REFERENDUM 619 VOTES ON CHARTER AMENDMENTS UNDER THE INITIATIVE AND REFERENDUM IN THE YEARS 1921 AND 1922-Cati~bued Lowell Moss. Acc&tance of a charter amendment drawn up by a charter commission.. , . , . . Adoption of the mayor-council form of government defined in the General Laws theCommonwealth ........................................... Lynn, Mass Mobile Norfolk, Ya. Milwaukee %% the council authority to make improvements and levy assessments theref( on %eir own initiative without petition. ............ Creating a "Public Concert Fund" of not more than $15 Providinr for the financing of grading in the anme manne men te ............................................................... Authorising the council to issue bond in any amount not to exceed $25,000 in an om year rnthout a vote of the electors for free nursing. .................... Pbu. Ark Pueblo cob. Richmad st. Louis St. Paul Saaamenb Son Diapa ~0;iding for a city manager form of government. ........................ Authonsing the city to make and enforce regulatione in respect to mu nicipal affairs. ..................... ........................ Incorporatin the general law of the sta 0 municipalities to incur bonded indebtedness.. .............. ....................... Authorising any officer having the power to em loy deputies. wiatanta, etc.. t remove such person. giving written notice and gearing. .................... Providing that the common council in granting permits or franchises for the opera tion of street railways shall grant them in accordance with the eneral laws of th state, and may enforce such terms as are not in conflict with ttose lam, ..... Altering the civil aervice provieions; making the auditor. aanensor, county clerk Son Francirco Makiry all meetinga of city boards and commissions excepting special Making final the judgment of the boards of police commissioners and the fire pemioi fund commissioners in determining when a disability has ceased upon which I the civil serpice commiasion open to the public. ; .......................... Yes 8.534 11,498 15,154 14,126 14,083 14.126 5.778 7,220 . 6.447 6,984 6.489 20.943 47.945 49,549 62,659 51.527 62,659 59,092 80,669 54,833 69,351 35,675 37,061 54,891 No 7,903 9,924 20,749 24,591 15,301 24,591 3,458 2,927 3,358 3,380 8,952 90,303 53,880 63,188 40.500 42.777 40,500 38.055 39.742 38,830 31,628 58.082 59,410 44,248

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NATIONAL MUNICIF'AL REVIEW San Franchdontinued Permitting the board of park commissionerr to erect automobilegarage or parking itationa in the '* sub-pqrk " spaces in public parks and squares, or to leane it for iwh p-a for a, period not to exceed 6fy yean. ........................ &Org.UlBlw the police court. ............................................. Authorisiw the board of superviaom to rep. taxes collected even though no proteit had been de if the tax levy W~B later seclared unlawfully made by a atate or federal ~urtand to levy a eneral property tax to refund the amount of the 11le 1 tax levih and oo1lect-J.. ........................................... Aut&sing the ale of city and achool Ian& and providing a procedure therefor. .. Authorjlriw the board of nu BO~I to crnate by ordinance a public utilitier com+ion ta beeappointed Fhe mayor. ................................... Creatsng s burssu of mu p!es u a oentrsl purchasing a ency for all city supplies. .. AuthonBing the city ani county to urchwe land out.i~etheirlimitsfortubercuiais hospital. and for the ereation ad maintenance of bmpitali thereon. .......... Authorising the city and oounty to pwchaae the whoh or any part of the itrest railwa yr ............................................................... Fixmq the urlaria of the nncipd city and county o&en. .................... [October . VOTES ON CHARTER AMENDMENTS UNDER THE INITIATIVE AND REFERENDUM IN THE YEARS 1921 AND 1922-C~linusd I Yea I No 45,148 43202 45.056 60,385 44.124 39.m 53.193 88.301 74.883 h1,771 W,h22 48.021 38,015 h1969 82:175 42,812 20,376 38.7hB Spcionr Wah. Wichita. Kan. (dr Amendment-tart unavailable) ....................................

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19as1 INITIATIVE AND REFERENDUM 691 VOTES ON CITY ORDINANCES UNDER THE INITIATIVE AND REFERENDUM IN YEARS 1921 AND 1922 -~ Albuquerque Birmingham, Ala. Buffale Providing that the city shall build a water filtration plant to cost from )4,OOO,OOO t ...,OOO ............................................................ Repeahng the ordinance establishing da lightsaving time.. .................. Empowerin the board of education to Jetermine the amount of sch001 taxes to t levied ad the amount of schoolbonds to be iaeued without limitationorreductio by the citypvernment ................................................ Authorising the city government to prepare and presentto t!&e statele&lat~a.bi gi,~ng the city of BufLalo the right to acqmre, own. rmuntpln. and o rate bun lm mthin the city. and to permit and to license the operabon of bum%a by otha without the resirictionn of Sectionn 25 and 26 of the Transportation Corporatic Lsw ................................................................. Cambr&e, Masa. Charleaion, W. Va. Cincinnaii Extension of city car line to the corporate limita. ............................ Cleveland Columbur Davh DCn0.r Regulating the charges for g~.. ............................................ Setting a minimum w r day for all laborers engaged on city wor Pmvuling for dayhghhmng ............................................ Repea ing an earlier ordmance setting a six cent stree.kvAr fare. ............... of five dollars a+ providing for a%+y half hoEBday. ............................... Qdtti4. a seven cent m-r fare. ....................................... Dee Afoinsr Street car franchise election.. ............................................. Deiroit Street railway urchasbatcost and option to purchsse. ...................... High Street highway initiative ordinance. .................................. UlutedRailwayoUaer ................................................... Dix-Waterloo-&ighway. ................................................. Duluth &and Rapids Harsrhill. hias.. Liouakm. Tbzoa Jachon, Mi&. Granting a street railway franchise. ....................................... kWW8, MM8. Lincoln Loa Angelu Repealing an ordinance granting private parties ermiasion to erect and maintain building over a publio alley connecting two Euildins~. owned or leased by 01 interat: ............................................................. Anotherliketheabo .................................................... 8 Lowell Marr. difyiq a procedure for the granting of contract. for street construction. ...... Xe acquition, maintenance, and operation of a municipal gM plant.. ........ wn Mare. AcAptance of an act of the general court relative to the salary of the members of tl commiasionondrsi nye ................................................ Mobile .Vor/oLt, Yo. Yes 44 108 37:698 12.355 56.331 50,133 55.955 14.785 10.575 10.575 8,519 '16.907 52,673 65,808 50.468 72.268 13.413 24.939 26.291 9 202 4:722 5,aOl No 28,648 57,978 70,174 23,428 61,695 27,473 32.941 29,599 29,589 30.080 8,904 92.060 40.364 30,550 36.353 5.399 45,859 46.430 9,846 8,819 11,532

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622 st. hi. Setting eight houn as a day's work for the permanent employees in the classified service of the city. .................................................... S1. Paul Sauaman& Prohibiting one man cam. ................................................. Rapesling the above because its enforcement would caue an increaee in fare from The "Little Volatead" Act-enforcement of the prohibition act. ............... 5~.torevenmn ts .................................................... NATIONAL MUNICIPAL REVIEW [October VOTES ON CITY ORDINANCES UNDER THE INITIATIVE AND REFERENDUM 117.552 6,148 2,949 4,580 IN YEARS 1921 AND 19224ontinued I Yes bfilwaukca D.ylight saving ...................................................... Levy and oollection of a tax for school purpoees. ........................... Levy and collection of a tax for the ostsbliihrnent of a trade school. ........... Levy ad oollection of a tax to provide a public land fund. .................. San Diego Granting a street railway franchise for a certain street to the highest bidder. ..... 7.178 Son Fmncirco Dhcting the city mumil to memorialize c0-a to modify the Volstead Act 80 an to permit the ale of light wines and beer. ................................. 77,282 SpOkoRc Wichita, Kan. No 23,133 26.284 27.935 28,420 26.615 14.905 87,812 5,863 4,075 5,708 7,107 32,807

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ITEMS ON MUNICIPAL ENGINEERING EDITED BY WILLIAM A. BASSETT Engineeringand Inspection Expense an Essential Part of Local Improvement Costs.-The practice of assessing on property benefited by local improvements either the entire cost entailed by such a work or a portion thereof, is largely followed at present by communities in financing such improvements, but frequently the expense of providing engineering and inspectional service in the prosecution of this work is not included in the cost figure used as the basis of assessment. In fact, in certain states the courts have ruled that the inclusion of these items and the cost of the work is not permitted under the laws governing special assessments. The Illinois supreme court in Ige2 rendered a decision to the effect that engineering and inspectional service furnished during the construction of public improvements which are to be paid for out of special assessments do not constitute a part of the cost of such work. This decision made it necesssry to provide funds for such purposes out of current revenues and constituted a serious disadvantage particularly to smaller communities. Under the most favorable conditions it is frequently @cult to secure adequate funds for those purposes as it is difficult for the public official and ordinary citizen to appreciate the important bearing that adequate engineering supervision over public improvement construction has to the accompiishment of satisfactory and economic improvements. In Illinois this decision of the court created a situation demanding remedy, and largely through the efforts of the Illinois Society of Engineers a bill permitting municipalities to include engineering and inspection as items in the cost of local improvement work was introduced into the state legislature and favorably acted on duing the past yw. This recognition of the principle that the expense incurred in the preparation of plans and furnishing engineering and inspectional service is an essential element in the cost of any public improvement, constitutes a real accomplishment. It reflects credit on those who prepared thd bill in question and secured its enactment. The need for local improvements is a current one and affects all communities. Obviously, a sound policy both in the planning and financing of these improvements is of the outmost importance, both to secure adequate facilities and to provide for an equitable distribution of the financial burden entailed. The most practical method of financing local improvements is in general by means of special assessments. Suitable legislation is an important element in facilitating the carrying out of any assessment policy. The law wed by the Illinois legislature is a step in the right direction. * State Control over Type of Municipal Sewage Disposal Plants.-The New Jersey state board of health on July 31 refused for the second time to approve plans for treating the sewage of Trenton by the direct-oxidation or lime-eIectrolysis process, and the New Jersey court of chancery so modified its injunction requiring the city of Trenton to stop polluting the Delaware River with sewage aa to give the city until July 31. 19%, to submit plans for sewage treatment works and until August 1, 19e5. to build the works. This action is of particular interest both on account of the reaaons for taking it and the insight it affords with respect to the scope of jurisdiction of the state board of health of New Jersey over matters of municipal sewage disposal. The reasons for the action taken by the state board as presented in a resolution adopted on May 1, 1923, in brief were as follows. Objection was taken to the method of treatment proposed on the grounds that “the direct oxidation method of sewage treatment is still in an experimental stage and has not been demonstrated as a practical and continuous method for the treatment of sewage.” Greater emphasis. however. was given by the state board to the opinion that the method of treatment proposed by the city was unduly expensive. it being entirely possible with a less costly plan, that of sedimentation, to provide the degree of purification required to meet local conditions for “at least ten years and probably for considerably longer.” There is an economic issue as well es one . 623

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634 NATIONAL MUNICIPAL REVIEW [October affecting public health and general community welfare involved in the Trenton case which is of interest to all state health boards as well as communities facing the necesity of providing sewage disposal facilities. This is the matter of conserving the expenditure of public funds for the latter purposes while ensuring adequate protection. An illuminating editorial comment on this isasue in its relation to the Trenton situation appeared in the Engineering News-Record at the time the 6rst decision of the state board of health was made public. From this the following extracts are taken: So far as reseonably possible every state health board should consider all the sanitary and publiohealth needs of a community before sanctioning the expenditw of money for any purpose on sanitary or public-health grounds, in order to make sure that money so spent would not yield larger and better results if devoted to some other purpose. This is all the more important when a city submitting plans for sewage treatment is doing so under compulsion from the state board of health, which is true in the Trenton case to the extent of years of prodding by the board, sharpened and strengthened last yqar by a court order at the board‘s instance reqdg Trenton to stop polluting the Delaware within eighteen months. This prodding and court order make the New Jersey state board of health a partner in placing the burden of sewage-works construction and operation on the taxpayers of Trenton. The board, therefore, should make sure that the burden is no heavier than local conditions demand, and rightly refuse to accept plans drawn to fulfil an idealistic conception of sewage treatment, but providing, to meet that ideal. a method of disposal which the board regards as still in an experimental stage. The stand of the state board of health of New Jersey is commended to the attention of any board elsewhere which is acting on the principle that its jurisdiction over water and sewage treatment plans ends with judgment as to whether the plans will be sdcient instead of extending to their possible overelaborateness and the city’s needs for more vital improvements or services. * Unregulated Competition a Hazard in Public Works Contracts.-Lon bids for public works construction are admittedly desirable from every point of view, but too low bids, particularly when resulting from unregulated competition, are in the long run disadvantageous to all parties concerned. A timely illustration of the soundness of this doctrine is given in the experience of the past year in the important field of highway construction. There is food for thought, both for the public works official and the contractors doing public work, in the editorial comment on this subject appearing in the Engineering New+ Record. This comment is in part substantially as follows: Low bids characterized highway contracting in 19% This was particularly true of the earlySeason contracts. In Wisconsm, which is logically a low-cost state in road construction and where practically 90 per cent of the year’s mileage was put under contract prior to May 15. there was a drop of about So per cent below 19% biddiig prices. In other states a similar if not an equal decline was exhibited by the bids submtted at the beginning of the year. As the 9e88on advanced and bad wecrther. pr railway service, higher prices and increased wages came along, bidding prices soared to a height not so far below those of l9el. Probably not all the low-price work was completed at a loss, but it is certain that not much of it paid a reasonable Why did prices for road conatruction takesuch an extraordinary dro a year ago? We have the best explanation pergaps in a statement by H. J. Kuelling, highway construction engineer, that an influential mason for the low pricea in Wisconsin was that “news of profits made in 1921 became noised about with the result that many new contracting firms sprang into being over night.” The competition of they newcomers confident in their estimates predicated on the weather. wage, price and transportation conditions in 192l-one year in a decade in its conjunction of conditions favorable to construction operations-stampeded road contractors into a slaughter of prices which astounded the engineers who were taking the bids. Fear of being without a contract again demonstrated its power to fix the charge for doing work. Other influences contributed, but they were largely fu ’tive. a stabilized industry the conditions indicated could not exist. Highway contracting is not stabilized. It lacks definitive knowledge of equipment performance. relative e5ciency of methods and reasonable costs. It has not evaluated the influences that control progress. It has accumulated no general fund of quantitative information which indicates the boundaries of prices and profits. It has no established business policy. Its practices are individualistic and erratic. What happened early in 1922 is a natural consequence. It will happen again and again until contractors organize to stabilize their business policies and to determine the efficiency factors of their tasks. The Editor puts the problem of correcting the conditions noted squarely up to the contractors and justly so. However, it should be recognized that the public o5cial and particularly the municipal county or state engineer shares with the contractor responsibility for guarding against the occurrence of such conditions. Carefully prepared estimates, designs and suitable requireprofit. ?he lesson is plain.

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19931 ITEMS ON MUNICWAL KNtiLNJ3J3KlIUti UP5 mentn for the submission of bids, together with effective systems of reporting on cost of work and the collection and interpretation of reliable cost data, are all important in giving the contractor IYI well as the engineer basis for sound judgment in the preparation of bids and the award of contracts. There is also merit in the use of preferred lists of bidders for contract work. Perhaps the most serious handicap under which the public official acta in these matters is the general provision that contracts must be awarded to the lowest responsible bidder. There is justification for permitting the liberal construction of this provision as a means for securing economical and satisfactory accomplishment on public works construction. * Fire Protection Charges a Factor in Determining Water Rates.-Any adequately designed community water-supply system includes pro-' vision for furnishing two separate classes of service: 6rst, an adequate supply of water suitable for domestic and industrial uses; and second, a supply for fire-protection purposes. The latter obviously is in the nature of a readyto-serve or stand-by service. The design of any system supplying both of these kinds of service demands separate consideration of their respective needs in the matter of pumping equipment required, size of mains and reserve supply. Hence the total coat of furnishing the supply will vary according to the requirements of these services. The percentage of this cost chargeable against water supply for fire protection is in all cases a substantial one and in the small communities may constitute the major portion of the total cost. In view of this fact, it is essential that in determining what water charges will ensure a proper and reasonable return for the service furnished suitable recognition be given to the cost of furnishing service for fire protection. It is rather surprising, however, that comparatively few communities base tLeir water charges on a scientific allocation of expense in respect of these two classes of service, and many of these ignore entirely or make a purely arbitrary charge for 6re-protection service. The subject is of enough importance to justify consideration by water-supply and other city officials, and a discussion of the requirements of sound policy in this matter by Mr. Cdeb Mills Saville, manager and chief engineer, Water-Works, Hartford, Connecticut. in a recent number of the Enginemhg Nezu+Rceosd. merite careful attention. Certain of Mr. Saville's comments on this subject in part are as follows: Among the ways for meeting payment for fire-protection service are: (1) A unit charge per hydrant in service. This is perhaps the most common method, although it has little or no rgtional basis in fact, because the number of hydrants is no measure of the amount of money invested in the water-works for fire-protection purposes. (%) A unit charge capits of popuation is sometimes made. T s also IS illogical. because there is no direct connection liig population, property value, and water department expenditure for 6re protection.. .(3) The metbod most approved by public uthty commissions in rate-making decisions is a composite charge consisting of a unit charge per hydrant for maintenance and depreciation, plua another unit charge for pipe capacity and other costs pf excess service per liar foot of pipe in senThe total amount which a city should pay to its water department for lireprotection service may be obtained as follows: (1) Ascertain the proportion which the extra cost of the watersupply system, due to its &protection service, bears to the total cost of the works. (e) Determine the annual amount necessary to o works, including interest and ~inLing rte und paythe ments, and of this total allocate that porhon to fire protection which the extra cost due to fireprotection features is to the total cost of running the works. Fortunately there are on record many rate caseswherethese determinations have been made, and ratios can be established for the average case which are sufficiently accurate for general use or for a preliminary estimate. These studies show that the smaller the town the larger the propop tional charge for fire protection. For example. for a town of 10,000 inhabitants, 80 per cent of the total cost of the works is found to he for lire protection, while for a city of S00,OoO only about 13 per cent of the total cost is thus allocated. The only bearing that the number of hydrants has in the making up of the &protection cost is in the annual charge for maintenance and depreciation of these appurtenances. The method of placing a per capita charge for 6reprotection service of the water department, while less in evidence than the hydrant charge, is also illogical and probably an accompaniment of the nearly obsolete fixture charge for water supply. It appears just as reasonable to charge a per capita rate for household service regardless of the amount used as to charge for fire protection regardless of property defended. How the excess investment for fire rotection shall be paid for is the question thatla3 bothered many public service commissions. Ice.

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GOVERNMENTAL RESEARCH CONFERENCE NOTES EDITED BY ARCH MANDEL The Next Conference will meet with the National Municipal League on November 14, 15. and 16, at Washington, D. C., with headquarters at the City Club. The Conference will have the entire lirst day, and the mornings on succeeding days available. The executive committee will act as program committee. 9 Charles B. Ryan, for some time chief accountant of the Municipal Research Bureau of Cleveland, has resigned to become secretary of the Cleveland City Club. * Mayo Fesler, until recently secretary of the Chicago City Club, for many years active in civic work in St. Louis, Cleveland, and Brooklyn, has returned to Cleveland as secretary of the newly constituted Cleveland Citizens’ League, located in the Swetland Building. 9 The Detroit Bureau of Governmental Research has recently issued a number of Public Bmhess, dealing with the finances of the department of street railways, designed to give an accurate and dispassionate statement of the financial results of municipal ownership, a subject concerning which there has been extensive controversy. * The Detroit Bureau of Governmental Research has bad a number of recent resignations of staff members to become associated with other agencies. Mr. Perciral Dodge becomes assistant secretary of the Detroit Community Fund; Mr. Robert Kneebone becomes secretary of the Charleston, West Virginia, Community Fund; and Mr. Robert Buechner becomes city manager of Grand Ledge, Michigan. B Hume Bacon, formerly &th the Institute for Public Service, is now connected with Sanday & Company, Wheat Exporters, at 8 Bridge Street, New York City. R. P. Farley, formerly director of the Citizens’ Research League at Winnipeg, Canada, is now editorial writer for the Philadelphia Bulletin. 9 Arch Mandel has resigned from the Detroit Bureau of Governmental Research to become director of the Dayton Research Association. The Association will do both civic and social research, and is supported by the Dayton Foundation. Dr. D. F. Garland, president of the former Bureau of Municipal Research, is president of the Association. * Solon E. Rose, until recently lieutenant commander in the U. S. Navy, and a graduate of the Naval Academy, has taken over the work of the Detroit Bureau relating to police and education, formerly in charge of Arch Mandel. * Library Material of every character will in the future be deposited with the hTational Municipal League. Bureaus are requested to send to the Conference secretary copies of all current reports so that notes may be dde concerning them, after which such material will be forwarded to the library at New York. * James W. Fob, after four years of excellent accomplishment on the staff of the Philadelphia Bureau of Municipal Research, resigned on July 1, 1933, to bme research engineer of the Pennsylvania state highway department. While with the Philadelphia Bureau Mr. Follin was in charge of a number of important assignments, including the significant part played by the Bureau in bringing about the tranaition from contract to municipal street cleming. One of Mr. Follin’s last assignments was work in connection with the state highway system for Governor Pinchot’s Committee on Reorganixation, which attracted the attention of the state authorities and resulted in his appointment. 9 Tokyo, Japan, in 192% organized the Institute for Xunicipal Research under the initial direc- ‘ 646

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19231 GOVERNMENTAL RESEARCH CONFERENCE 637 tion of Prof. Charles A. Beard. The president of the Institute is Viscount S. Goto. and the permanent director is Mr. K. Matsuki, to be addressed at the Yurako Building, Marunouchi, Tokyo. * The London Institute of Public Administration, 17 Russell Square, W. C. Landon, England, has as president the Rt. Hon. Viscount Haldane. and as secretary. Mi. H. C. Comer. * H. C. Tung, formerly a student of municipal administration at the University of Michigan, is director of a research bureau at Shanghai, China. The organization is known as the Provisional Buresu for the Municipality of Woaung, Port, 2% Xu Kiang Road, Shanghai. * Seattle, Washington, has recently established a bureau of research under the name of the Voters’ Information League, SO1 Haller Building. Mr. Alexander Myers is president, and Mr. J. V. A. Smith, secretary. fb The Spokane, Washington, Research Buresu is known as the Taxpayers’ Economy League, 1305 Old National Bank Building. Mr. J. J. Hammer is president. and Mr. Lester M. Livengood, manager. fb Hart Cummin ia secretary of the Tax and Economy Bureau of the El Pas0 Chamber of Commerce, organized to carry out the recommendations made in the recent survey of the El Paso city government. * James E. Barlow, city manager of New London, Connecticut, and formerly engineer of the Cincinnati Bureau of Municipal Research. has resigned. * The Death of Mr. John T. Child is reported with deep regret. Mr. Child was a graduate of Cornell University in 1912. Being engaged in construction engineering for five years, he joined the staff of the Rochester Bureau of Municipal Research in 1917. During the war Mr. Child was a first lieutenant of the sanitary corps. Mr. Child’s invariable courtesy and kindness endeared him to every member of the Conference. 5 A Committee on Municipal Budget Procedure to formulate next steps has been appointed by the chairman of the Conference as follows: C. P. Herbert, chairman (St. Paul); Walter Matscheck (Kansas City); Arch Mandel (Dayton); and Arthur E. Buck (New York City). fb A Committee on Municipal Accounting Pr+ cedure to formulate next steps has been appointed by the chairman of the Conference as follows: Robert J. Patterson. chairman (Philadelphia); H. P. Seiderman (Washington); C. E. Hjggins (Rochester); William Watson (New York City); and C. E. Righter (Detroit). 9 Prof. Thomas H. Reed, formerly city manager of San Jose, Caliiornia, has largely taken over the work in municipal adminietration at the University of Michigan, carried by Prof. B. T. Crane. Professor Crane is giving hie attention to other branches of politics. * Summer Surveys by the Institute for Public Service, Gaylord C. Cummin, C. E.. in charge. include a bond study and a constructive city government survey of Woonsocket, mode Island, and a city survey of Brockton, Masaachusetts. A build-as-you-go school survey of Mt. Vernon, New York, was hished, its main feature being answers to nine queetions from the board of education, and the preparation of a list of over 200 high spots. * School High Spots from different parts of the country and different types of school were printed in three New York newspapers this laat summer. The high spots were furnishedby students at Columbis University’s summer session who visited the school text-book exhibit of the Institute for Public service. Short psragraphs and special stories about advance steps in over twenty states showed that an experience of incalculable value is represented in a summer school if only faculties will try to bring out the best things which student-teachera have done. * Harry Freeman, formerly city xqanager of Kalamazoo, who has been representing the Upjohn Company in London. England, has returned to Kalamazoo, where he continues with the same company.

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NOTES AND EVENTS City Mannger Named for Ndok-Charles E. Ashburner, who resigned the managership of Norfolk, Virginia, to become manager of Stockton, California, at a salary of $20,000 a year, haa been succeeded by Colonel William B. Causey, an engineer of wide reputation. Colonel Causey’s salary will be $20.000 a year, which makes him and Mr. Ashburner the highest paid managera in the United Statea. t Akron Drops Manager Charter.-By a majority of 17% out of 14,000 votes ht, the city charter of Akron, Ohio, was amended on August 14, to abolish the position of city manager and transfer to the mayor his power and duties. Whoever is elected mayor next November will have power to appoint all department heads, and will receive a salary of $7,000 per year. The vote was extremely light, only about a 6fth of the registered voters taking part. A fuller account of the situation will be given in our next issue. * County Grand Jury Recommends Home Rule Charter.-Another grand jury has reported favoring a change in the form of government for Sonoma County, Caliornia. It found flagrant irregularitien in the use of funds running over a period of many years. A budget system i.4 recommended and the supporters are urged to call a special election to vote on the county Chsrter. * The Seattle Charter Situation, .rp~j.-The present charter of the city of Seattle has developed by the process of local amendment from the home rule charter adopted in 1896. In general the municipal organization provided for is of the “federal” type; that is to say, the administrative responsibility rests almost entirely in the mayor. He has power to appoint practically all department heads, with the approval of the council, and to “direct and control all subordinate officers of the city,” with a few exceptions. He has also the usual veto power over the acts of the city council, which consists of nine members elected at large for terms of three years, three being elected each year. The ward system was abolished in 1910. Seattle has grown rapidly, and her chartergarment has not kept pace with her development. At sixteen d8erent elections from 1900 to 1929 the voters have adopted one or more amendments. In the 1920 election sixteen amendments were adopted at one swoop. Despite these numerous changa in detail. growing pains continue to be felt. The evidences of popular dissatisfaction are numerous. Officials also. from mayors down. have had important charter changes to suggest. As long ago as the spring of 1914 a committee of the Municipal League reported its belief that “the present charter scheme of government is defective in that it separates the powers of the city government. divides authority and permits shifting of responsibility between the separate executive and legislative departments and results in continual friction between these departments.” Some of the present trouble arises from a little more friction and discord than commonly exists between these branches. The Municipal League committee referred to above recommended the adoption of the city manager plan of government with a council of 9 to 15 members elected at large by preferential voting. A minority favored retention of the ward system. A board ot freeholders elected at about the same time drafted a new and complete charter for Seattle, covering 53 closely printed pages. This document provided for a council of 30 members elected from as many wards, although residence in the ward waa not required. The mayor, elected at large, waa to preside over the council without the power of voting, and was to be head of the police department. Elections were to be by a system of preferential voting. A city manager was to head the administration under the council. This proposed charter secured but little public support, and was rejected at an election on June SO, 1914. In 19% the Municipal League appointed another committee to consider the question of a new city charter, and again, early in 1993, it received a report urging adoption of the city manager plan. This time the committee report took the form of a completely drafted charter, with a summary of the arguments in favor of it. The draft is well phrased and reasonably brief,

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19231 NOTES AND EVENTS and follows in its main outlines the N. M. L. Model Charter. The council is to remain as in the present city government, a body of nine members elected at large. The mayor is to be chosen by this body from among its own members. He is to preside over the council, and is to sign all bills in its presence. The city manager is to be appointed in the usual manner, and has the ordinary powers. Provisions are made for the merit system of appointment, and for the initiative, referendum. and recall. The league speedily adopted the report. and transmitted it to the city council with the request that it provide for the election of a board of freeholders to draft a charter upon the lines suggested. The time was short, however, and the exponents of the plan lacked the necessary support to have the ordinance calling the election passed as an emergency measure. The proposed charter is not much closer to a popular vote, therefore, than it was six months ago. mile other organizations have come to the support. of the manager plan, the committee of the Municipal League has reconsidered the question of tactics. The present plan of the committee is to amend the present Seattle charter by incorporating in it all the essential city manager principles, and to submit this amendment after approval by the League. directly to the council instead of asking for the elections of a board of freeholders. The council itself has power to submit charter amendments to the voters, and since a number of the present council members are favorable to the manager plan, there is reason to hope that appropriate action can be obtained from that body. WILLL~M ANDERSON. * Municipal Legislation in Illinois-The resulta of the hgislative session of 1943 in minois were negligible viewed from the standpoint of constructive progress in the field of municipal government. The city managtr bill, the propos als for uniform accounting, and a number of other forward-looking and liberalizing measures were lost. The cities and villages of the state were reduced to the desperate situation of aaging a session-long struggle to prevent their revenues from taxation from being reduced two-thirds below the present level. Aside from the success attending this effort, the defeat of certain undesirable bills and the development of a spirit of co-operation and unity under the leadership of the Illinois Municipal League were the net gains from the recent legislative experiende. There were some modifications of existing laws tending to improve the provisions governing technical or procedural matters, but these were mostly of an incidental nature. The cities formulated their legislative program at the annual meeting of the League last December, and appointed an able committee to conduct the legislative campaign in its behalf. The principal objectives were: (1) The permanent establishment of the present corporate tax rate of 1.334. The rate lapsed back to the pre-war rate of .SO unless the legislature reenacted the increase to the present rate and extended its operation. (4) Provisions for the establishment of uniform accounting with report to and publication by some state agency. A bill of this kind had failed at the 1921 session. (3) The amendment of the city manager act so as to give it greater flexibility and make it available to all down-state municipalities. The 1921 act was limited to municipalities of 5,000 or less population, and set up such an elaborate and rigid departmental system that no municipality of that size could afford to experiment with it. As a result it has not been adopted by any of the several which have contemplated giving manager government a trial. (4) Certain modihtions in the local improvement act, especially those relating to public benefita and esgineering costs. Out of the 1,404 bills introduced in the general assembly, 134, approximately one-tenth, directly affected cities and village.^. Of those which were enacted, two moditied the commission plan, two had to do with municipal elections, two altered the provisions governing the incorporation and dissolution of villages, nine amended the law relating to public improvementa. twenty-three related to municipal finance, three to municipal oacers, three to parks and playgrounds, three dealt with sewage disposal, and six had to do with miscellaneous matters,-a total of fiftythree new laws. Out of this legislative struggle the Illinois Municipal League has emerged stronger than ever before in its hutory. The character of the situation gave it exceptional opportunity to establish its leadership and win the confidence of municipalities which were not members. The cities and villages came to appreciate the ~ecert sity of organization On September 1, the l~sgue

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690 NATIONAL MUNICIPAL REVIEW [October secured the full-time services of a secretary for the fiat time in the ten years of its organization. Moreover, the League has won the confidence of the members of the general assembly. It haa been the studied purpose of the legislative committee, headed by Mayor E. E. Crabtree of JacksonviUe. to seek legislative action only on mattera which could reasonably be deemed to merit it, and furthermore to place the research and informational facilities of the League at the disposal of members and committees of the assembly whenever assistance was sought. Municipal progress in Illinois cornea with great travail. The state has contributed very little to the solution of municipal problems in this country. and has been slow to appropriate the solutions worked out elsewhere. For all the disappointments attending the recent legislative seasion, there h compensation in the awakened municipal life of the state, and in the development of channels through which it may express itself more &ectiveIy in coming years. RUBSELL M. STORY. STATEMENT OF THE OWNERSHIP, MANAGEMENT, ETC.. OF NATIONAL MUNICIPAL REVIEW Published monthly at Concord, N. H., required by the Act of Auguat 24, 1912 NAY. OP STocr~omr~e OR OrarcEnl POET Omcm ADDREM Editor Managin Editor (none) Business kans~r (none) Harold W. Dodde 261 Broadway New York Ownera (if ths publieation is owned by an individual his name and addresr, or if owned by more than one individual the name and address of each, sbould be given below: If the publication ia owned by a corporation the name of the corporation and the mmem and addof the stockholders owrung or holding one per cent or more of the total amount of atock should be given). The National Municipal Review ie published by the National Mud& a1 League. a volun association. unincorporated. The o5cen of tbe National Mumcipal League are H. b. Waite, preSident%rl H. Pforrheimer Trellsurer; and H. W. Dodds. Secretam. Known bondholders. mortga eel. and.o$er aecurity holden ohng or holding 1 per cent or more of total amount of bonda mortgagea or otfer secuntres. None. The Natioh Municiph League. Sworn to and ~kasibad before me tb 21th day of Beptamber, 1923. Term expiru Maroh 30,1921. H. W. DODDB, Editor. HENRY J. WEBLE. Now Public, QUWM Ceunty, CerMa~ta in New York County.