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National municipal review, December, 1923

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National municipal review, December, 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. XII, No. 12 DECEMBER, 1923 Total No. 90
TREND OF ASSESSED VALUES IN NEW YORK CITY
BY LUTHER GTJLICK National Institute of Public Administration
New York has this year raised assessed values more than one and one-fourth billion dollars. Is the increase justified? :: :: ::
The New York city tentative assessment for 1924 has just been announced. The grand total is $12,116,155,725. This excludes special franchise assessments which are made later by the state tax department and amount to some $430,000,000. The increase of 1924 over 1923 is over $1,733,000,000. Of this increase $1,109,000,000 is on real estate and $624,000,000 is on personal property.
The period for public hearings and for the filing of requests for reduction or exemption closes on November 15
for real estate and on November 30 for personal property. On the basis of past experience it is expected that a considerable part of the increase will be wiped out during this period. The best estimate now available puts the final 1924 roll at $11,630,000,000 including special franchise assessments.
GROWTH OF PROPERTY ASSESSMENTS IN NEW YORK CITY
The accompanying table presents statistics covering the assessment of real estate and personal property in
TAXABLE ASSESSED VALUES IN NEW YORK CITY 1910-1924
Real Personal Total
1910 $7,044,192,674 *372,644,825 $7,416,837,499
1911 7,858,840,164 357,923,123 8,216,763,287
1912 7,861,898.890 342,963.340 8,204,862,230
1913 8,006,647,861 325,421,340 8,332,069,201
1914 8,049,859,912 340,295,560 8,390,155,472
V* 1915 8,108,760,787 352,051.755 8,460,812,542
1916 8,207,822,361 376,530,150 8,584,352,511
1917 8,254,549,000 419,156,315 8,573,705,315
1918 8,339,838,851 251,414,875 8,591,053,726
1919 8,428,322,753 362,412,780 8,790,735,533
1920 8,626,122,557 296,506,185 8,922,628,742
1921 9,972,985,104 213,222,175 10,186,207,279
1922 10,249,995,630 210,608,045 10,460,603,675
1923 10,596,065,573 216,585.350 10,812,650,923
1924 (Est.) 11,400,000,000 230,000,000 11,630,000,000
697


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New York city since 1910. The outstanding facts shown by this table are (1) the consistent and rapid growth in the value of New York city real estate, (2) the insignificant proportion of personal property and its gradual disappearance as a tax base, and (3) the slight extent to which real estate values have followed price fluctuations during and since the war.
PERSONAL PROPERTY
Under the New York state law debts are deductible from personal property assessments on presentation of sworn statements by taxpayers. Under this provision of the law the annual reduction of personal property assessments ranges between 70 and 75 per cent of the amount placed on the tentative assessment roll. It is, therefore, anticipated that the 1924 assessment for personal property will stand at approximately $230,000,000 in place of the $840,629,525 now carried by the tentative roll.
The phenomenal drop in the assessed value of personal property between 1917 and 1918 is due to the enactment of an income tax law for merchants and manufacturers which substituted a tax on income for the tax on assessed value of tangible and intangible personal property. The drop between 1919 and 1920 is the result of the personal income tax law which eliminated intangible personal property from the property assessment. The losses to the city as a result of these exemptions were much more than made up by the share of the income taxes returned to the city by the state under these two laws.
REAL ESTATE ASSESSMENTS
The increase in real estate assessments for 1924 over 1923 is $1,109,000,-
000. An examination of the building permits issued during the past two years shows that New York City is
still passing through its phenomenal boom in building construction. The tentative assessment roll shows that $465,000,000 has been added to the roll because of new improvements. It is estimated that a considerable part of this increment will be wiped out as a result of the exemption which is extended by state law and municipal ordinance to certain types of new dwellings for a limited period of years. This policy of tax exemption was adopted in
1921 in order to encourage construction of inexpensive dwellings. The total exemptions granted on the 1923 roll amounted to $244,000,000. It is estimated that $180,000,000 additional will be granted on the 1924 roll, bringing the total to $424,000,000.
ACTUAL AND ASSESSED VALUES
The real estate market has been phenomenally active during the past two years. In 1921 the value of property sold amounted to approximately $50,000,000 per month. In
1922 this rose to $65,000,000 and in
1923 to $100,000,000. An active market of this character not infrequently means that real estate values are rising rapidly.
An examination of the relation of sale value to the assessed value of property changing hands indicates that this is true of the present real estate market in New York city. On the basis of the real estate statistics published by the Record and Guide, actual values are well above assessed values at the present time. This comparison is made only for Manhattan and covers approximately 10 per cent of the sales. On the basis of these figures assessed values were 96.5 per cent of market values in 1922. In spite of the fact that assessed values were increased somewhat in 1923, actual values increased faster, so that assessed values dropped to 86.7 per cent of sale values.


TREND OF ASSESSED VALUES
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The accompanying chart shows the situation graphically by monthly periods. This chart is based on the assumption that what is true of the sample is true of the whole. The curved line “ market value ” is a four-month moving average,
built up by averaging four months at a time, for example, January, February, March and April, and then dropping January and adding May to form a new average. By continuing this moving average through the year, an
Market and Assessed Value of /Zeal Estate
/// Makkattak
Market value and assessed value were not far apart during 1922, but in 1923 market value began to climb and has remained consistently above assessments. Even the increased tentative valuation for 1924 appears to be below market value.


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amount is found which can be plotted for the first of each month with the exception of the last two. In this chart the last two have been estimated. The staggered line “assessed value” represents the value of real estate as carried on the books. The new valuations are as of October first each year. This is indicated by the upward step of the line. The last step represents the tentative 1924 evaluation. The chart shows that increasing assessed values have failed to keep pace with increasing
market values and that the tentative assessed value for 1924 appears to be well within market value when the situation is taken as a whole. This is no indication, of course, that the valuation is fair for individual properties. If the tendency thus disclosed for Manhattan is true of the rest of the city, it would appear that the increased assessed values for real estate of the entire city amounting to $644,308,162, exclusive of the increase due to new construction, is well within reason.
THE NATIONAL CONFERENCE ON THE SCIENCE OF POLITICS
BY ARNOLD BENNETT HALL
University of Wisconsin
The first national conference devoted exclusively to the development of a scientific method in Political Science. :: :: :: ::
Antone conversant with the literature of politics is forced to recognize that it has not yet entirely escaped the a priori and speculative stage, while most of the writing of the day is still confined to the barely historical and descriptive method of approach. While these methods have been occasionally fertilized by the collection of comparative data, nevertheless they have been the limits beyond which political research has only infrequently gone.
It will scarcely be argued that such methods give an adequate basis for the accurate generalization of political principles. Take, for example, the literature dealing with the initiative and referendum. There are thousands of pages devoted to its consideration. But for the most part nothing more is done than to trace the history of the movement, describe and compare the
different legal and constitutional principles involved, or to schedule the various a priori arguments on either side and indulge in an equally speculative discussion on the validity of each. There are a few brilliant exceptions, but they are rare. The result is that while this has been an active political question for a generation, few if any of the fundamental questions involved have been tested out by an exhaustive, patient and comprehensive assembling of all the pertinent facts, and a basis for the accurate formulation of principle thus established. Until this is done how can the political scientist give the public the information they desire as to the appropriate place of this device in our political system? It must not be supposed that the writer is seeking to criticise the descriptive, historical or comparative methods, other than to point out that they are


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inadequate to the needs of the day. They have been valuable and necessary stages in the evolution of the social sciences.
TO PUT POLITICS ON A FACT BASIS
Occasionally one hears public men criticised because they do not make greater use of the political scientist in the affairs of government. It is pointed out that reliance is placed upon physicians, engineers, accountants, etc., for information regarding technical matters pertaining to their professions. But the main reason for this apparent discrimination against the political scientist is doubtless that political science is not yet in possession of the essential facts. There is where we are vastly behind the other professions mentioned. They have developed a fact-finding technique. Their principles, in the main, have a factual basis. They are dealing with objective, tangible realities that give validity to their conclusions and win public trust and confidence.
The problem that now confronts the student of politics is how to put political science upon a similar basis of fact —how to ground its theories on objective evidence. This involves a new method and a new technique. The recent literature on the subject contains occasional suggestions, but nothing comprehensive as to methodology. And yet this is the question that really bars the way to scientific progress.
ORGANIZATION OF THE CONFERENCE
It was the consciousness cr this fact that led a group of seventem persons, who were attending the American Political Science Association at Chicago last December, to meet at the call of the writer, and to set in motion the movement for the National Conference
on the Science of Politics. The writer was asked to serve as chairman and to organize an executive committee to arrange for the first conference. The committee as finally organized was as follows: Frederick P. Gruenberg, director of the Bureau of Municipal Research of Philadelphia; A. N. Holcombe, professor of Political Science, Harvard University; C. E. Merriam, professor of Political Science, University of Chicago; Luther Gulick, secretary, director of the National Institute of Public Administration; Arnold Bennett Hall, chairman, professor of Political Science, University of Wisconsin.
The University of Wisconsin was chosen as the meeting place of the first conference and September 3-8 was the date fixed.
The committee, conscious of the fact that questions of method could be dealt with only in connection with some specific project of research, organized the conference into roundtable groups and assigned to each a definite subject. The list of roundtables and their leaders follows: (1) Political Psychology, C. E. Merriam, professor of Political Science, University of Chicago; (2) Survey Methods and Psychological Tests in Civil Service, W. E. Mosher, Bureau of Municipal Research, National Institute of Public Administration; (3) Research in Public Finance, F. P. Gruenberg, director of Bureau of Municipal Research of Philadelphia; (4) Legislation, H. W. Dodds, editor of National Municipal Review; (5) Political Statistics, L. D. Upson, director of Detroit Bureau of Governmental Research; (6) Public Law, E. S. Corwin, professor of Jurisprudence, Princeton University; (7) Nominating Methods, V. J. West, professor of Political Science, Stanford University; and (8) International Organization, P. B. Pot-


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ter, associate professor of Political Science, University of Wisconsin.
The work of the round-tables was twofold: First, to formulate into hypothetical principles the important questions pertinent to the subject assigned, and, secondly, to find the best methods of testing out the validity of the hypotheses on a fact basis. Each roundtable met every morning and afternoon, and in the evening there was a plenary session of all the members to which the round-tables were required to report the tentative results of the day’s work.
ANOTHER CONFERENCE NEXT TEAR
On the last night the members voiced their confidence in the enterprise by voting unanimously to hold another conference the following year and to continue the same committee in power. It was furthermore voted to have the final conclusions of the several groups published, and arrangements have been made for them to appear in the February number of the American Political Science Review. Several of the groups voted to keep in touch with each other during the year, exchanging notes on their experiences in testing out the research methods that had been agreed upon, and keeping a record of the results obtained to report back to the conference the following year.
At this time it is difficult to estimate what was actually accomplished, but if the enthusiasm of the members is any
criterion, the statement made by one of the most distinguished participants that “this conference marks the beginning of a new day in political research” does not seem to be without foundation. It is also significant that many members who came to the conference with honest doubts as to the feasibility of any plan to place the science of politics upon a factual basis, left the conference not only with confidence in the general plan but with the conviction that they had some idea of the methods by which this end could be attained.
It is indeed both inspiring and reassuring that ninety-three persons from twenty-two states and from forty-two institutions should come to such a conference, on their own time and at their own expense, and labor intensely for a week in a joint effort to begin laying the foundations for a real science of politics. The material sciences with their superior techniques have developed power-creating forces which have rendered immeasurable services to humanity, but which also threatened civilization itself in the tragedy of the World.War. Humanity now demands a development of the power-controlling forces—the social sciences—to the end that peace and justice may prevail. In the development of these power-controlling forces, political science ought to do its share, and to this end it must seek continuously the improvement of its method and the perfection of its technique.


TEACHING TO TEACH POPULAR ADULT CLASSES IN GOVERNMENT
BY MRS. J. PAUL GOODE
The problems faced by teachers in the schools of citizenship conducted by the League of Women Voters and how to prepare for them. ::
Inspired by the School of Citizenship, which Mrs. Catt organized to follow the first Convention of the National League of Women Voters at Chicago three years ago, Illinois has been very active in the organization and promotion of schools of citizenship—one-day schools, three-day
schools, seven-day schools, schools in church parlors, in school auditoriums, in ladies’ rooms of banks, in settlement houses, in county courthouses, and in Masonic Temples, in the libraries of millionaires and political bosses, in church basements, in kitchenette apartments, and in the fearsome halls of great universities—everywhere the civic-minded might foregather.
Some of these gatherings have been made up of those who might be induced to conduct such schools, for the greatest of all problems presented in broadcasting political information is that of supplying teachers.
To these groups of potential teachers the important message, as we saw it, was clearly to establish the aims of schools of citizenship. Why are schools of citizenship? Are they to advertise the League of Women Voters? They are not! Are they to furnish memberships and the sinews of war to the state Leagues? They are not! That they do these things, Illinois can testify, but Illinois knows that these are but by-products. Their real aim is threefold: to establish in the hearts of the women of Illinois high standards of citizenship so that a fresh stream may help to cleanse the muddy pools
of her political life; to open the eyes of our women to the new day that is dawning in the civic life of America; to show each woman her part in this new life and to give such a clear view of the field of action that each woman shall see clearly where she stands, how she is to take hold, and where she is to go next. They aim to establish connections for organized and unorganized women with the sources of political information, whether these sources be published material or public addresses or, better than these, connection with the voluntary organizations which are constantly investigating and securing material, or, best of all, to show opportunities for political action—the only school in which many of us learn very much. Unless our teachers can in some degree do these three things, set up standards of citizenship, establish connections with the sources of political information, and arouse an abiding civic interest, our one-day and our three-day schools will have little to justify their existence. Someone has said it is not of so much consequence where one is on any road, as in which direction one is traveling. To get our new citizens to “face front” and to furnish them with chart and compass—this, I take it, is no impossible short-term task. The idea of furnishing a “political education” in three days can, of course, be only a joke.
WOMEN NOT TRAINED POLITICALLY
The teachers themselves must have a reasonable familiarity with the pub-


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lished material which they recommend. They must know some simple texts to offer their pupils, and the collateral reading material which makes the dry bones of civics take on life and meaning. In addition they should have had some first-hand experience in actual political action. Without this last, the trumpet of the most brazen of us will give forth a mighty uncertain sound and few of our pupils will prepare themselves or anybody else for the civic battle.
Granting this equipment, there are still other indispensables with which we must endow our teachers. They must be given some idea of the conditions which they will meet in the groups which they will be called upon to instruct. Left each to herself, it would surely take the better part of her three days’ school time to plumb the depths of the general feminine ignorance of civics. Let us make a clean breast of it, to our prospective teachers at least, that the average woman in the average state doesn’t know how to mark a ballot, that she has never seen a ward committeeman to know it, that she doesn’t know a congressional ratio from either a hawk or a handsaw. Why should we be expected to know much of anything of the machinery of politics? It was none of our business until quite lately, and it was none of our mother’s business before us. Let us clear away the ground for a start, and let it be the ground—a place from which we may move. Let us meet our schools where they are. Let us attempt to show to every school an actual place where each may take hold on the great machinery of our civil government.
Crass ignorance, then, is to be expected, and any teacher of the ordinary citizenship school has been poorly prepared if she is astonished at finding it. Indifference, second only to ignorance,
she must know how to meet, and she must have many tricks in her bag with which to beguile the indifferent, and let it be known that if she should really succeed in the effort there are many students of political science who would consider that the monster called “Political Evil” had been slain. Then let no one cavil if we urge upon our teachers the absolute necessity of using any legitimate means, avoiding only those which are unethical or which might bring discredit on the League, to arouse the indifferent.
AROUSE AN INTEREST
Tea parties, luncheons, dinners, fashion shows, baby shows, pageants, parades, dramatics, performances of school children, bakery sales, fairs, anything to “ketch your rabbit” which someone has given as the first requisite in making rabbit pie. The rabbit being safely “ketched,” the teacher’s energies must be devoted to holding him fast by the abounding life and sparkle and practical value of her citizenship lessons. Citizenship must be as popular and as exciting as radio. July wheat, the time-signals, and Miss Johnson-at-the-piano must be made to pale into insignificance when compared with “Know Your Own Government,” “The Near-End of Politics,” and the “Doings of Our Town Council.” Graphic materials, demonstration lessons in which each member takes an actual and active part, round-tables, debates, prize essays and contests—local material—all these must be shown to be worth all the wit and wisdom the teacher can bring to them. A receiving apparatus must be installed at every avenue to the pupil’s mind. The ear has its large place when speakers and songs and slogans and concert recitations are in order, but the ear is not the only receiving station. An appeal must be made to the eye with


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posters, with lantern slides, with graphs, with outlines, with blackboard sketches.
Sometimes demonstration lessons that shake sleepy or too somber people out of their seats will bring life that eloquence alone cannot evoke. One of the best lessons we had, attempted to show the great importance of the office of ward committeemen. The members of the school happened to be seated at a dozen or more tables. The teacher called each table a city ward. Those at one side were arbitrarily named Democrats; those at the other side were willy-nilly Republicans. Sometimes the shock which comes from being party-labelled, without the consent of the labelled, is enough to set the intellectual pulses of the dullest member to throbbing. Each side of each table-ward chose its ward committeeman. These committeemen arose and joined their fellow committeemen in another part of the hall, the two groups thus formed making two county conventions. The two county conventions then chose their delegates to state and congressional conventions. These delegates formed four conventions which gathered in still four other parts of the hall. The congressional conventions each nominated delegates to the two national conventions, which thereupon nominated two candidates for the office of President of the United States. Thus in thirty minutes was established a vivid demonstration of the actual responsibility for the choice of the most powerful ruler in the world —The President of the United States. Each actually saw her power as a citizen, delegated to her ward committeeman, and saw that power rise on up to the White House. Never again will that group complacently sit aside when ward-committeeman is to be chosen, saying, “Ward-committeeman—what is that?” No one went to sleep, for one might be elected to some-
thing or other at any moment. Attention is the stuff of which memory is made. Life, life and yet more life, activity, interest, enjoyment, the feeling that citizenship classes are the places where the woman voters of America may tune-in on power, real political power—this is the spirit which we try to instill in the teaching of citizenship.
CIVIC CONTACTS
Perhaps the problem of community organization or lack of it, which means so much to the citizenship teacher, should be one of the first to be brought to the attention of the prospective teacher. Ways of gathering the unorganized have already been suggested, but where organization or overorganization already exists, our teachers should early understand ways of taking advantage of such situations by offering their attractive wares as part, not the whole, of the club menu and of making their course the high-water mark of the club year—the means of entrance to established audiences in subsequent years. They should know how to establish civic connections with leaders of civic departments of existing clubs, connections which will prove steady sources of information, which will far outrun any one or three-day independent schools of citizenship. The effort to reach the programs of existing clubs has often had, in Illinois, the largest civic harvests.
Some of the activities of our citizenship schools may seem to be superficial advertising tricks, as somewhat remote from the serious study of “efficiency in government,” as crude and elementary. But let us not forget that interest is the first requisite in good citizenship, and that whatever works to produce it is good, and whatever won’t work to produce it is no good, however dignified and grand and aristocratic the plan may look on paper.


THE VICE PROBLEM IN BOSTON1
BY ROBERT A. WOODS South End House, Boston
Ten years has brought very substantial 'progress in the fight against prostitution. :: :: :: :: :: :: :: :: ::
Boston belongs in “the land of contrasts” so far as its reputation in the matter of sexual morality is concerned. Over against its Puritan background and what remains of its Puritan consciousness are the conditions that go with a metropolitan &nd cosmopolitan population approaching two million. While the prevalent Boston view has been that since the tolerated prostitution district was broken up thirty years ago, the situation in Boston has been far from extreme, it has been a common experience to hear from those who follow such matters from a more or less bohemian point of view that Boston was one of the worst cities in the country. Something like a true estimate would be found by counting out, on the one hand, the effect of Boston complacency and, on the other, a certain tendency on the part of visitors from New York to give Boston a shock, and striking a balance between the two resultants.
PROGRESS BEGAN BEFORE THE WAR
The population of the urban region is divided among some fifty separate municipalities, with police authority and most of the licensing power in the nuclear city of Boston exercised by the state. The state authority is exercised conservatively from all points of view. While it has been—with a single exception, to be referred to—notably free of any cause of gross scandal, it has been slow to undertake aggressive measures.
The most striking thing that the police authorities have done since the radical action just mentioned, was the quiet but broad-scale and largely successful policy of Commissioner O’Meara for the closing of scattered organized houses of prostitution during the years before the war.
This came at the time of the appointment of vice commissions in various cities, and led up to earnest consideration by the Boston Social Union, a federation of twenty settlement houses, of the combined evil of prostitution in hotels and apartments in the tenement districts, with low-grade cafes as market places for it.
At the instance of the Union, G. J. Kneeland and his associates, who had conducted investigations in Chicago and many other cities, came to Boston and made a limited inquiry into these particular phases of the problem. Their report, in specific detail, provided ample evidence to prove that a dozen hotels were providing facilities on a large scale for prostitution and between thirty and forty liquor-selling cafls were freely affording the opportunity for negotiations preliminary to it.
Here was a situation that particularly and pointedly challenged the licensing board which, appointed by the governor, was year after year authorizing these places to continue. As the result of considerable public agitation of the subject, the present
1 The third in our series of articles on the municipal treatment of vice.


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writer was appointed a member of the licensing board; and shortly afterward, with another new appointment, it became possible to establish a definite program for the remedy of these evils. After consultation with Frederick H. Whitin, secretary of the New York Committee of Fourteen, a regulation, or “request” in official language, was made calling for the refusal of hotel accommodations to all couples appearing without baggage. This had a marked effect. Two large establishments found their business seriously embarrassed, and a number of others were crippled in spite of a succession of devices to circumvent the order. This phase of the prostitution evil was thus dealt a blow from which it has never in any considerable degree recovered.
THE CAFES
The question of the cafes was more complicated. They were licensed for the sale of liquor on the premises, and everybody had a right to resort to them as guests at their tables. Solicitation seemed an unavoidable byproduct. The police commissioner refused to post his young men in the midst of such temptation. He held that the licensing board had its own remedy. Finally the board decided that as the cafe proprietor had the right to assign his guests to specific parts of his establishment, it was within the range of its powers to instruct him to assign unaccompanied women to a room in which no unaccompanied man should be allowed to enter or remain. The effect of this order was electric. No objection could be made to it as interfering with the sale of liquor to all comers. The nature of the objection was hard to phrase; but it was widespread and violent. The board finally had the most unequivocal testimony as to the effectiveness of their order when the officers of the waiters’ union
appeared, and stated that if the order was persisted in it would drive five hundred women onto the street, and there would be such open solicitation as Boston had never known. Fear of the police, however, very largely prevented this result, and the board had the satisfaction of learning from the police captain in the district most affected that there was less solicitation on the streets after the order went into effect than before. As a matter of fact many of the women habitues of the cafes left the city.
There were difficulties, of course, in having this order obeyed. A number of proprietors urged that they did not have adequate separate rooms, and they were allowed to put up substantial curtains. The worst place of all, which was owned by the leading brewery combination in the city, continued to disobey the order, and was finally closed. This served as a climax which led the brewery interests to organize their then great political power to secure the overthrow of the policy of the board and the displacement of the two members who made its active majority; which they were able to do.
This was in 1915. The whole situation was the subject of a great deal of publicity; and while a new atmosphere of tolerance was immediately created, the old condition of things in the cafes was never fully restored. When the United States entered the war, and representatives of the Army and Navy were assigned to Boston to see to the protection of the morals of the uniformed men, the suggestion was made by them to the licensing board that the separation order be once more put determinedly in force; an intimation which the board was quick to accept and adopt. This was the state of things at the time when national prohibition went into effect.


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THE LODGING HOUSES
War-time administration brought to a head a movement which had been developing for a dozen years to deal with phases of the lodging-house problem that are conducive to prostitution and related forms of sexual immorality. The South End of Boston has 2,500 lodging houses, probably the largest compact grouping of the sort to be found in the country. The South End House in 1902 established one of its centers in the midst of this situation. When a few years later it published the results of its preliminary studies, the book was the first in any language on the subject.2 The first step taken was the establishment of a room registry, which soon had two hundred houses on its list. These began to be regularly visited to see that they kept up to a proper sanitary and moral standard. In a district where everything seemed to be going down hill, a new kind of confidence began to be apparent. On every block in the district there came to be one or two householders who would exercise surveillance and report causes of serious offence; which were then dealt with, as far as possible, without embarrassment to the informant. Next, a district improvement society was organized through which the responsible people of the district came to know one another and learned to work successfully for the amelioration of the sanitary and moral conditions that pressed most objectionably upon them. Then a Rooming House Association was formed, through which lodging-house keepers were able to act together in fixing proper rates for rentals, in the purchase of supplies, in many detailed matters affecting their business, and in creating a better
1 The Lodging-House Problem in Boston. By Albert B. Wolfe. Harvard University Press, Cambridge.
morale for life in lodging houses. These organizations have kept on continuously year after year, and have been the recognized means of bringing in a distinctly better day in the district. With honest and fairly efficient police action, a very decided change for the better has been brought about so far as forms of organized prostitution are concerned.
Somewhat the same system has now been introduced in all the other sections of the city in which there are lodging houses, with the co-operation of various institutions specially interested in those districts. And during the past few years, the method has been adopted in some seventy American cities, largely under the initiative of the Y. W. C. A.
A very important phase of the lodging-house problem in Boston is that which affects the students, of whom it is estimated that there are 20,000 in the metropolitan district away from home. Until recently there were some of our most reputable educational institutions which assumed little or no responsibility for the way in which their students were housed. The spread of knowledge and concern about the lodging population lias brought the authorities of most of the educational institutions to a conviction that, when they do not provide dormitories, they must at least protect the young people under their care from insiduous influences in the households where they reside. There is, however, still a surprising residue of indifference on this point. The general evil result of this attitude is clear enough to anyone who will take the pains to study the situation. Reports from rescue homes show not a few students among their inmates.
After the original South End House study of lodging-house conditions there were two at intervals under public auspices, one made by the municipality, the other, with a special leaning toward


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problems of vice, by the state. In both cases, as the result of suggestion from those who were in, though not of, the situation, the licensing of lodging houses was strongly urged. This proposal was continuously objected to by the lodging-house keepers. They protested that they could not have their homes entered by the police. They were certain that the character of their establishments would be injuriously affected.
When the war came it was suggested to the special officers of the War Department that a license system would be a definitely useful protective measure. Through their initiative, the state government finally enacted a measure providing that every house sheltering more than five lodgers must be licensed. The landladies, when they learned that this was a war measure urged by the national government, at once acceded; and have been, on the whole, well satisfied with its operation. The registration requirement, taken with the “true name” law, has a substantial tendency in deterring couples from resorting to lodging houses for immoral purposes. It has at once given protection to the large majority of good houses and provided a weapon of great value to the police in driving undesirable establishments, organized or not, out of business. The police authorities testify that it has been one of the most important measures of many years for checking the spread of immorality in the lodging-house districts.
POLICEWOMEN
The excellent system of surveillance by women officers during the war, with particular attention to Boston Common, brought prominently to public attention the need and opportunity of regular women members of the police force. A few such have been provided. They are, however, considerably re-
stricted in their duties; and those who are interested in this development are by no means satisfied with the situation, even as a beginning. A School of Public Service has been organized partly for the training of women for appropriate police duty, and it is hoped that within a few years there will be such a competent body of candidates as will make it easier both to create and to maintain opportunities for them. In this way progress will be made from a fresh angle against such street solicitation markets as still persist. Responsible women are deeply interested in this new field of civic service, and are determined to work out by patient and intelligent effort the possibilities that can be achieved by a corps of women officers who shall, overlapping as little as may be upon ordinary police functions, provide the full protection of law against the moral dangers that beset girls and young women at every turn in the open life of the city.
EFFECT OF PROHIBITION
Prohibition has largely completed the work of doing away with immoral hotels and cafes. It represents a very important net gain that even though there is the much discussed drinking by way of bravado among young people, the open resorts whose deliberate purpose was to provide all the incitements to immorality have disappeared. A few attempts are being made to keep up cabarets; but since the sale of liquor has disappeared from all such resorts they are not able to provide the kind of incitement which made them attractive as places for the preliminaries to prostitution.3 It should be said, also, in this connection that the licensing
3 There is very little association of prostitution with the illicit liquor business; though one sees signs that this may develop. However, the social evil is facilitated rather by wine and beer than by so drastic a drink as bootleg whisky.


NATIONAL MUNICIPAL REVIEW
[December
710
board is administering its duties— including the supervision of lodging bouses—in a way which, while lacking the aggressiveness in advancing the public welfare that should characterize an administrative authority, is certainly void of offence. This is one of many points at which the achievement of prohibition in destroying the organized political power of the liquor trade is producing marked results.
The so-called “parlor” house has practically entirely disappeared. The background of prostitution is now largely found in the apartment houses in some of the newer parts of the city. A combination of the advertising columns of the papers with the telephone is considerably used to open the way to the knowing; and there is a noticeable amount of solicitation on the main thoroughfare through the apartment house section. But prostitution has certainly lost much of the appeal that can be made through organization and publicity. There is a special police squad which raids such places occasionally; but the situation is difficult to reach, and the risk is apparently not great enough to be a serious deterrent. It is difficult to secure direct evidence under conditions which allow of so much secrecy, and which, in the nature of the case, so often limit even the preliminaries to the violation of the law to the cognizance of the two individuals concerned.
The apartment house does not provide the safeguard to public interests that is secured in the lodging house through the responsible licensed proprietor and manager. In the apartment house the janitor is usually the resident representative of the owner, and the personal conduct of the tenants is a matter over which he cannot and will not exercise control. In the total, the population of an apartment house section is often less attached and less
responsible than that of a lodging-house district, and the local sentiment essential to effective policing even less in evidence. Of recent years, small apartments are being increasingly taken by women in twos and threes who formerly lived in lodging houses, including commercial employees in the inferior ranks and an increasing number of students.
For continued violations of law, there is, of course, the abatement act, but it is so unfortunately worded and requires such a succession of evidence that it is hardly available. There is a similar handicap in the wording of the law against idle and disorderly persons which makes it difficult to secure the conviction of persons engaged in street solicitation in the apartment-house region.
AUTOMOBILES
The automobile is increasingly becoming a moral danger as well as a physical one. Offering special facilities for solicitation on the part either of men in the machine or of women on the sidewalk, it can shift the scene quickly to road houses out of town or to isolated places in the open country. The automobile itself, even in the city, is increasingly utilized for immoral relations. The peril of the “joy ride” to girls simply out for adventure is illustrated in not a few tragic cases. It is felt that this general situation is one at which women protective officers could render telling service.
DANCE HALLS
It seems clear that dance halls are not resorted to at present to a large extent by the prostitute. The special evils which they represent come of the free and indiscriminate mingling of young people who would ordinarily maintain quite a range of moral standards. The type of dances and of


THE VICE PROBLEM IN BOSTON
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music has somewhat improved. But there is still a sad amount of evidence in the rescue homes and in the courts of the train of tragedy which has its start in these resorts. It is also not without very definite psychological significance that as the dance hall closes, women of the street who have not been inside seem to find at its exit one of the surest opportunities of solicitation.
Police are present at all dance halls, but their services are quite perfunctory. Women officers should be on hand, and could do effective work in keeping out objectionable persons, and generally protecting the well-meaning. It has been suggested that known-sex offenders found in dance halls should be arrested; and that the dance halls should close at eleven o’clock.
A representative group, including social workers, public officials, and dance hall proprietors, has been carrying on a series of discussions with regard to the dance hall problem, and have already served to disseminate a sentiment favorable to better standards. Among other things, objectionable forms of dancing are being opposed by attractive presentations of the better way. This committee includes a representative of the high-class hotels, some of whose dances are more objectionable as dances than anything that can be found in the dance halls. And even the incidental evils are likely to be greater where the prohibition law is openly defied by the guests, as is sometimes the case in connection with society balls.
One of the most decisive conclusions in this whole matter is that the contest is between a normally satisfying kind of home life and neighborhood association, on the one hand, and the excitement of the down-town streets on the other. We hesitate before the cost in money and service involved in securing the former, dull to the fact that the latter
is still more expensive. The settlement worker sees a parable which poignantly sets forth the principle in the young girls without wholesome background for their lives—and this almost unerringly so—who resort to Boston Common, where they meet the sailor boy with his starved social life. The young girl is going to have her fling— nature decrees it. When she takes the fling will she find herself in a network of neighborhood acquaintance, loyalty, chivalry and surveillance, with discerning and continuous initiative to give the courting period some sort of inspiriting resource? Or is she to cast herself helplessly into the city’s downtown moral whirlpool?
THEATBES AND BOOKS
The more or less cynical outsider tells us that Boston audiences crave a low type of theatrical exhibition; but the dramatic censorship, which rests with the mayor’s office, is exercised with a considerable degree of vigor, as the political following which may be tolerant of many other things is inclined to be definitely stern about this. Where City Hall lags, there is an active and judicious group of citizens which quite effectively intervenes. The Watch and Ward Society, in addition to keeping up the attack against prostitution and its preliminaries, has worked effectively against pornographic printed matter of all sorts. Its latest achievement, and one of its best, has been the organization of a protective committee of booksellers who endeavor to reach a common-sense basis as to books which they will agree together not to sell. A committee has been formed under the auspices of the society, with Dr. Morton Prince as chairman, to advise as to doubtful publications seeking a general circulation. On the side of specific positive


NATIONAL MUNICIPAL REVIEW
[December
712
education, there is the work of the Society for Social Hygiene and that of the state department of health in relation to venereal disease.
In general, at the risk of falling too easily into the self-satisfied Boston attitude, I feel that ten years has brought very substantial progress in the fight against prostitution. Certainly prohibition has secured an indisputable result in reducing all arrests
for offences against chastity by nearly one-third; and this result shows itself in the statistics of all our public and private agencies for the care of girls and women. The greatest of all desiderata has always been felt to be the prevention of recruiting for the prostitution ranks. That is being accomplished to a degree which at the beginning of the century would have seemed rather utopian.
OUR LEGISLATIVE MILLS
V. THE LEGISLATIVE PROCESS IN ILLINOIS
The congestion at the close of the session analyzed and explained.
BY LEONARD D. WHITE University of Chicago
I
Many features of the general assembly of Illinois suggest themselves for discussion, from among which has been selected an account of the lawmaking process. The extraordinary congestion of legislation at the end of the session which is characteristic of Illinois is the result of a complex of causes, the complete analysis of which has never been undertaken.1 This study is a preliminary attempt to illustrate the “end of the session” rush and to point out some of the reasons which appear to contribute to it.
Although cold figures are quite inadequate to picture the closing scenes of a six months’ session in which a weary legislature holds continuous meetings for fifty or sixty hours, and records itself in a monotonous and apparently endless series of roll calls
1 See, however, the following: Dodd and Dodd, Government in Illinois, pp. 131-149; Bogart and Mathews, The Modem Commonwealth.
on bills read by title by an exhausted clerk, while some members sleep in nearby corridors in order to relieve their fellow legislators during the night, it may nevertheless be proper to begin an analysis of causes by a statistical picture of the result. The following tables (which may He skipped by the judicious reader) indicate the progress made by the general assembly on twenty specified dates, usually at intervals of one week.
In Table I the steadily mounting figures from left to right indicate numerically the progress made from week to week at each stage of procedure. Thus the figures in stage one show the steady introduction of bills and their reference to committee, in stage six the receipt of a bill by one house from the other, in stage ten final passage by the second house.
HATE OF PROGRESS
In order to bring out more clearly the rate of progress, attention should


TABLE I
Number of Bills Having Passed Through Certain Stages at Certain Dates, Illinois General Assembly, 1923
(Digest Number) 1 2 3 4 5 6 7 8 3-25 9 3-31 10 4-7 11 12 13 14 15 16 17 18 16 20
(Date) 1-27 °-3 2-10 ' 2-17 2-24 3-10 3-17 4-14 4-21 4-28 5-5 5-12 5-19 5-26 6-2 6-9 6-20
1. Introduction 105 176 229 295 376 487 563 681 793 836 952 1,045 L.110 1,166 1,228 1,320 1,366 1,388 1,398 1,404
2. Committee Report. . . 5 6 8 21 35 72 101 143 209 219 297 357 440 533 630 735 804 871 927 1,403
3. First Reading 5 6 7 12 30 48 87 105 163 178 231 288 371 438 527 608 664 705 759 777
4. Second Reading 3 4 5 7 18 33 64 81 113 132 187 226 269 314 358 429 475 579 657 686
5. Third Heading 3 3 6 7 13 14 37 52 69 102 126 157 181 200 246 261 341 426 526
6. Second House Intro-
duction 3 3 6 7 13 14 29 47 51 74 110 133 165 189 235 248 304 371 483
7. Committee Report. .. 1 3 5 0 7 13 14 24 28 41 55 86 112 150 175 203 231 318 476
8. First Reading 1 3 3 6 6 8 fi 16 17 28 31 53 78 112 140 150 180 247 436
9. Second Reading 1 1 2 4 5 7 8 11 11 21 28 41 50 79 111 123 146 180 419
10. Third Reading 1 3 3 5 6 8 10 14 20 29 33 34 57 62 71 85 380
11. Governor’s Action. . . 3 3 0 7 10 10 21 29 32 41 51 61 62 358
Notf. on Preparation of Table. The Legislative Synopsis and Digest, of which twenty numbers appeared during the last session, gives week by week the status of each bill. The normal stages through which a bill passes are eleven:
1. Introduction and reference to committee,
2. Committee Report.
3. First reading.
4. Second reading.
6. Third reading and passage.
0. Introduction in second house and reference to committee.
7. Committee report.
8. First reading.
9. Second reading.
10. Third reading and final passage.
11. Approval or veto by the governor.
These stages are not entirely inclusive; occasionally a bill is referred to two committees, sometimes recalled to an earlier stage, sometimes goes to conference; but substantially the whole work of the Assembly can be compressed into these stages.
This table is made up by analysis of each Digest.
1923] OUR LEGISLATIVE MILLS 713


TABLE II
Number or Bills Handled During Specific Periods at Different Stages, Illinois General Assembly, 1923
NATIONAL MUNICIPAL REVIEW
714
^Mt-tococococoasQce Qor>oQNaor»c4»HQQio 7.348 (Grand Total)
s I cocoaooONooaouxo NHNO'-'Ooona® ,-t ,-t *-< e* 00 •■4 O)
o» 6-9 FHtQiot»ao<0aocopa«H 553
oo tN A 470
5-26 «0o>tocoioe?oooMtoo 1-4 320
f4 6-12 coo»oo^*-'C4eoccM 440
* 5-5 35 eo co c* eo « e* S oo co
CO oo N 4 <0 00 GO CO C9 CO C4 pH «“* 414
** 4-21 a» «o w 04 co p-« 339
FI F"f 4-14 «©QO«OUOeOCOeO-4©0'eO i-4Ch»©K5COWf4.H»H 399
o P“» 4-7 Njt EH F4 FH F4 911
Ok 3-31 >N ao 3 A OONCONMUJHHrtHO HTf H H N H 237
K 3-17 ®C5Ci'--’HFHCCC*5C4iNC*5 t-C^COCO 193
e© o £ f4 CO ^ ^ FH ©
*0 2-24 CO—< 1-4 133
2-17 CO CO »0 C4 CO CO 04 © »h f4 • CO UO OJ
eo 2-10 ^NhhOONCIO • • f4 C©
04 eo »h f4 e4 eo eo ■-* ih fh • • o- • • CO 00
- 1-27 ifl«5»oeo © 118
(Digest Number) (Date) 1. Introduction 2. Committee Report 3. First.Reading 4. Second Reading 5. Third Reading 6. Second House Introduction. 7. Committee Report 8. First Reading 9. Second Reading 10. Third Reading 11. Governor's Action (Totals)
[December
be turned to Table II. This table is made up by subtracting digest one from digest two, stage by stage, and gives, therefore, the exact number of bills moved along at each stage during any specified period. Thus during the interval covered by the second digest, 71 bills were introduced, one was reported from committee, one was given first reading, and so on. The vertical totals give week by week the number of moves made all along the line; thus during the interval covered by the ninth digest, 326 moves were made, while during the interval covered by the third digest only 61 moves were made. The horizontal totals give the total number of bills which passed through any given stage; thus 1,404 bills were introduced in the two houses, 380 went through the stage of final reading in the second house, of which 358 were passed and sent to the governor for approval or disapproval.
WHAT THE TABLES SHOW
Certain facts appear from consideration of these tables.
1. The peak loads stage by stage are approximately
Stage I....................March 20-30
Stage 2-3..................May 7-19
Stage 4....................May 14-June 9
Stage 5-6..................May 29-June 20
Stage 7-10.................June 11-June 20
Stage 11...................June 20-June 30
This indicates a steady accumulation of business toward the end of the session.
2. Bills were introduced without any appreciable slackening until May 19, or throughout five of the six months of the session.
3. Each house was primarily occupied with its own bills until June 5, the twenty-second week of the session. No substantial number of bills passed from one house to the other until the


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week ending April 14, following which from ten to twenty bills were received by each house from the other.
4. No substantial number of bills passed the stage of second reading in the second house (stage 9) until the week ending May 12, the nineteenth week of the session.
5. The latter stages of the legislative process were very seriously crowded into nine legislative days commencing June 11. Of the bills that reached the second reading stage (stage 9), 239 were dealt with from June 11 to June 20, or 56 per cent; of 380 bills that reached third reading stage (stage 10), 295 were dealt with from June 11, or 77 per cent; and of 358 bills presented to the governor, 296 were dealt with from June 11, or 82 per cent. As the result of the work of the first 16 weeks, ten bills were sent to the governor; during the last nine days 296 bills were sent to him. From June 11 to June 20, a period of nine working days, 476 bills were killed, 100 bills were given final passage in the house of their origin, and 296 bills were sent to the governor. Forty per cent of the total movement of legislation came in the month of June.
6. The monthly record of final passage of legislation (stage 10) by the two houses throws further light on the same situation.
Month Bills passed
February........................... 8
March.............................. 5
April............................. 21
May............................... 33
June............................ 318
This table indicates that from January to June, 62 bills were enacted, while from June 1 to June 20, 318 bills went through the assembly.
7. The daily record of final passage emphasizes the same point.
Bills
June 12.................................. 10
IS.................................. 4
14 ................................ 88
15 ................................ 02
16 ............................... 10
18 ................................ 39
19 ................................13$
The general conclusions to be drawn from this evidence, which is typical of Illinois, is that on the whole the D-linois general assembly does the work of general consideration of legislation in a leisurely fashion during an extended period running from January to about the first of June; whereupon it enters upon a period of making decisions in rapid succession, operating under considerable pressure of time and usually finally forced to enact legislation by wholesale with only the slightest regard for due consideration and sometimes with only a very hazy notion of what actually has taken place. During the notorious end of the session rush of 1921 it was charged without contradiction that over a hundred items which had never been considered by either house before were inserted by a conference committee in a general appropriation act. By rule adopted in 1923, a repetition of this scandal is made impossible.
II
Of more interest than the statement of results is the inquiry about causes. Why do the citizens of Illinois view with each succeeding general assembly a recurrence of this unstatesmanlike way of doing public business? No single answer can be given to this question, for many causes seem to be at work. To some of these attention will be directed in the following paragraphs.
WHY THE DELAY?
By way of elimination it may be said at the outset that the delay of


716 NATIONAL MUNICIPAL REVIEW [December
legislation is not due to absenteeism, as the record of attendance is on the whole good; nor is it due to closely contested party conflicts, since the Republican party usually has a large working majority; nor is it due to excessive debate or filibustering. Neither can it be said that delay is due to a low standard of individual achievement among members, for while many members are inconspicuous, yet many able men sit in the general assembly.
Nearly a month is consumed in making up the committees. This task devolves upon the speaker individually, who after his election makes a request of members for an indication of their preference for committee assignments. These are slow in coming in; and once in, usually present a difficult job in trying to satisfy the ambition of every member. Usually every member of the majority party secures a committee chairmanship in the senate; if there is a dearth of committees, new ones are created. Much of this delay might be obviated by definitely charging the party leaders in a newly elected assembly with the duty of making preliminary inquiries and assignments before the opening of the session.
The committees are large and difficult to adjust to the needs of dispatch. Quorums are not always easy to get together, chairmen are sometimes lax, or sometimes fail to call committees in order to block a bill personally objectionable; overlapping membership makes conflicts difficult to avoid except by frequent delay and postponement. The distribution of work among committees is extremely uneven. Some committees have almost nothing to do; other committees consider hundreds of bills. In all, 797 bills were referred to house committees in 1923. The judiciary committee handled 241, the appropriations committee 104, the committee on municipalities 57, on
education 52, a total of 454. That is, four committees handled over one half the work. On the other hand, the committee on civil service received 9, the committee on banks 8, on charities 4, and on military affairs 4, a total of 25.
The legislature meets during the most of the session for only two working days. Travelling to Springfield on Tuesday, the members work Wednesday and Thursday morning, adjourning in time to catch the noon train to their respective homes or offices. These dilettante habits, accentuated by occasional tours of inspection, give way in June to an iron determination to plow through the necessary legislation by the date of final adjournment.
There is a wholly inexcusable delay in presentation of matter for consideration. Examination of stage one indicates a steady flow of new propositions from January to June. For this members are in part responsible; occasionally undesirable legislation is withheld until the end of the session, when it is hastily introduced and quietly pressed through in the final rush. A substantiaf part of the responsibility, however, falls on the various interests and civic groups which are really responsible for much of the legislation introduced. Their programs are incomplete and crystallise frequently well along in the session, rather than at the beginning of the session.
FACTIONAL—NOT PARTY-----DISPUTES
A substantial retardation of the legislative process is caused by factional disputes. The dominant party in Illinois is divided into three factions, feeling between which at times runs high. These factional quarrels consume much time and energy in themselves, tend to divert the attention of


OUR LEGISLATIVE MILLS
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1923]
the legislature from its real task, and not infrequently cause the defeat of meritorious legislation put forward by some one group. During the present session these factional disagreements have been responsible in part for an attempt to impeach the governor, for much unwarranted influence exerted in the legislative chambers by the governor, for the vigorous use of the veto power against appropriations and legislation favoring hostile camps and for fastening upon one house a control which probably was not desired by the majority.
Of greater importance in the long run are certain deep-seated differences of opinion among legislators concerning the wisdom of important matters of legislation. Bills providing an eight-hour working day for women in certain industries have been presented to the last two general assemblies, and have revealed wide divergencies of opinion, each supported by strongly organized interests. Long committee hearings (picturesquely referred to as field days), extended debates, and much parliamentary manoeuvering have so far failed to secure any decision. The enforcement of the eighteenth amendment divides the legislature into a sharply defined majority and minority. The organization of a state police has projected an inconclusive struggle between organized labor and organized capital. The real or fancied divergence of interest between Chicago and down state, a matter which came to dominate the recent constitutional convention, appears in the work of the legislature. The difference of opinion between conservatives and liberals in the matter of the method of amending the state constitution furnishes still further matter of controversy. In short, as in most legislatures, there are fundamental differences of opinion which necessarily make progress slow.
A feeling is more or less widespread among members of the general assembly that their bills have a more favorable chance if brought up for final disposition well toward the end of the session. This contributes materially to the congestion of business. This attitude is said also to be characteristic of the older members of the general assembly although in their case from a different angle. In the general excitement and turmoil of the last few days they are able with their command of parliamentary procedure and their unseen control of the legislative machinery, arising from their familiarity with its operation, to dictate what legislation shall go through and what shall be blocked.
NO ORGANIZED LEADERSHIP
Finally may be observed a general lack of well-organized leadership within the assembly. The governor has from time to time supplied what the legislature failed to produce in the matter of leadership; thus Governor Lowden from 1917 to 1921, and Governor Small during the session of 1921. This leadership is not, however, always forthcoming and has never been adequate to correct the tendencies to drift which seem to predominate. The lieutenant governor as presiding officer of the senate has been quite ineffective; the speaker of the house, on the other hand, has been able to forward business and within limits to guide the house. Too much depends on the accident of factional combination in selecting the speaker and on the personal qualities of the man to insure adequate leadership from session to session.
An attempt was made in December, 1922, to get together a group of anti-Small Republican senators to take control of the senate. Although a sufficient number was at one time in


NATIONAL MUNICIPAL REVIEW [December
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accord, their ranks were soon broken and the senate organization fell into the hands of the Small faction. The caucus is not a means of unifying party leadership in Illinois, and indeed the party as an organization outside of the legislature exerts little influence.
No systematic or comprehensive program of legislation is ever laid before the general assembly. Legislation is considered piecemeal, without any related sequences, in no logical order, and in no significant chronological order. Each member introduces whatever bills he has prepared, or for which he is willing to become responsible. The bill goes to a committee, which thereupon becomes master of its fate until it has been reported out to the house. The member who introduced it then resumes charge of the bill and undertakes to secure its passage through the house. If successful the bill goes to the other house and the member must resign himself to watch with patience the decision of another committee and the personal efforts of another member to carry the bill through the second house. If finally successful the hazard of the governor’s veto remains.
The success or failure of the bill depends in part on its merit, more often on the pertinacity, popularity, or skill in negotiation possessed by its sponsor. He may be blocked by faction or his own ineptitude or by the opposition of the governor; but he can appeal to no organized leadership for assistance. There is no time limit on the committees; they may report at any time during the session and as a matter of fact some hundreds of bills are always laid on the table at the end of a session without any report. Unless the member responsible for the introduction of the bill urges committee action, the bill probably will lie undisturbed throughout the session; and even
though he urges action, the committee may fail to respond.
In the matter of financial legislation recent statutes have evolved definite responsibilities. An executive budget is drawn up for the governor by the director of finance and sent to the appropriations committee, the chairman of which has built up an effective personal leadership in finance matters. This is reflected in the history of the various appropriation bills of the recent session, of which seven were carried through the house in March, twelve in April, thirteen in May, and nine in the early days of June. Making due exception for the work of the appropriations committee, it remains true that on the whole the state legislature is leaderless"; and deprived of energetic direction it tends to drift until it finally comes to a day of reckoning. The accounts are then balanced by feverish activity combined with a minimum of consideration.
HI
GENERAL RESULTS
Some of the results of the legislative process in Illinois may be suggested in conclusion. Omitting to speak of the considerable physical and mental strain which members impose upon themselves and the undignified and sometimes unworthy scenes which accompany the final hours of the session, we may turn attention to some of the more general results. The congestion of legislation described above necessarily leads to lack of proper consideration of measures some of which make their first appearance only in the last week or ten days; civic organizations, the public, have no opportunity to learn what is transpiring and consequently are unable to make their voices heard. There develops an admirable opportunity for deception of the mem-


1923]
bers themselves, who are frequently seen rushing about to find someone who will tell them how to vote. It is said that not more than three persons really knew what was in the Chicago charter enacted by the Illinois Assembly of 1907.
The situation lends itself to manipulation. It likewise lends itself to control by the old-timer, who knows the parliamentary game, who keeps his head and who senses the feeling of the assembly in a way quite impossible to the “green ” member. At this time are discovered the possibilities of the conference committee whose report, delivered at the last moment, is never
719
understood by a majority of those voting on it.
The governor’s desk is swamped with bills awaiting his signature. Governor Small had over two hundred to deal with in the last two weeks of the recent session, requiring him to give consideration to nearly twenty per day. In Illinois the new legislation normally takes effect on July first; the great bulk of it is approved by the governor in the week immediately preceding; and the citizen finds himself in the awkard situation of being subject to the penalties of a statute the publication of which is still a matter of two months in the future.
COMPARATIVE TAX RATES
COMMENTARY UPON THE COMPARATIVE TAX RATES OF 177 CITIES, 1923
BY C. E. RIGHTOR Detroit Bureau of Governmental Research
One year ago (December, 1922) the “Review ” published a tabulation of the 1922 tax rates of 32 cities in the United States and Canada, giving the rates in detail by purpose and the total rate adjusted upon a uniform basis for comparison.
This year, the Detroit Bureau of Governmental Research, in collecting and tabulating the 1923 tax rates, has expanded the list to include 165 cities of the United States and 12 cities of Canada having in excess of
30,000 population. :: ::
»
The tabulation was prepared upon the same basis as in previous years. The primary purpose is to make available a statement ol the total tax burden upon property in each city, expressing that burden in tax rates per $1,000 of uniformly assessed property. The subject is of particular interest at a time when popular impression is that contributions toward the support of our local governmental units are an unduly heavy drain upon both individual and business.
To arrive at a comparable basis for all cities, it was necessary to adjust the given rates to a uniform 100 per cent basis, due to varying legal bases in some states; further adjusting according to the estimated practical application of the legal basis. Within the five groups of cities recognized by the census bureau, the cities were then ranked according to the amount of the tax burden so ascertained.
The resulting rates should afford a basis of comparison, particularly


NATIONAL MUNICIPAL REVIEW
[December
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among similarly sized cities, while a detailed analysis of certain rates should prove salutary for many cities. The end sought seems a direct and simple one, yet the compilation of the figures belies the assumption.
In general, it is well to paraphrase the adage: “A little knowledge—of tax rates—is a dangerous thing.” The entire table contains warnings to interpret the figures with understanding and use them with caution. In each phase of the compilation, distinct problems and conditions arise to affect the final figures.
TAX-LEVYING DISTRICTS
First, there is the problem of the diversity in taxing units, each with its own fiscal period and tax-levying and collecting time.
A city’s fiscal period begins at a certain date, while the other subdivisions may have different fiscal periods. Because the city is the predominant unit, usually with the highest rate and of most direct concern to the citizen, its fiscal year governs in the tabulation. It is essential, however, that the tax-collecting period for the year 1923 should begin prior to September 1, in order that the figures represent the tax burden during the current year. The rates for the other political units are entered for their fiscal period that best expresses the 1923 burden.
In some cases the city is the taxing unit for both the municipality and the schools, as in Massachusetts and New York. It is then difficult to get the split of the rate for the two purposes, although this might easily be furnished upon the basis of budget requests. Again, schools may be allotted a percentage of all municipal revenues, as in Atlanta, when the separate rates must be estimated. Frequently, the county and state levies are combined,
although division of the rates should be possible also upon the budget basis.
Taxes are occasionally collectable prior to the year they are to finance, but more often from one to eighteen months after. Many Massachusetts cities collect taxes when the fiscal year is nearly expired, with the result that at the beginning of each year the fiscal officer is authorized to borrow on short-term loans in anticipation of taxes, the discount on such rates in 1922 in one city of 40,000 amounting to $22,000. Hamilton, Ontario, is an extreme case of delayed collection.
There is a variation in the number of governmental units property in different cities is called upon to support. This is evident from the table and notes accompanying it. As examples, Pennsylvania and California have no state property tax, and Rhode Island has no counties. Virginia cities are outside the boundaries of counties. Whether these reliefs from governmental machinery result in financial relief to the taxpayer is a problem meriting consideration.
CLASSIFICATION OF PROPERTY
A second factor affecting the total tax rate is the tendency to classify property.
Not in all cases reported in the table can the total tax budget be ascertained by applying the rate to the assessed valuation. This is due to the fact that realty is taxed at one rate, while personalty may be taxed at a lower rate. Further, there is in some instances an effective, and in others a permissive, reduction from the general realty rate for buildings, while land continues to bear the full rate. In the case of personalty, intangible property may enjoy a substantially lower rate than tangibles. These gradations are, of course, effective as the result of extensive experimenting in municipal


COMPARATIVE TAX RATES
721
1923]
taxation, both in United States and Canada. Philadelphia, Baltimore, Pittsburgh, .Duluth, and Calgary offer a field of study in this matter. The first two cities named continue to recognize different rates for what are termed urban, surburban and rural properties. New York City exempts certain residential construction for a term of years, while Pittsburgh taxes buildings at a percentage of the rate on land.
PERSONAL PROPERTY ASSESSMENTS
There is a wide variation in the proportion of personal property reported in the assessed valuation of cities.
This circumstance is accounted for in part by the classification for taxing purposes, lower rates tending to bring out the personal property, but it depends also in part upon the local methods of assessing. The New York cities report a personal assessment of less than one per cent, due to the substitution of the income tax for the property tax on this form of wealth. Some cities are enabled to report a considerable assessment of this class because the state has not extensively appropriated this source of taxation to itself.
It seems possible that the Ohio cities have run their personalty high in order to counteract the handicap of an unduly restrictive tax limit law. This brings to mind the conclusion of Law-son Purdy, former president of the New York Department of Taxes and Assessments: “The easiest, safest way to amend a constitution that limits the power of taxation is to take out all the limitations. Amend with a blue pencil.”
TRUE VALUE IN ASSESSING As a general proposition, we are hypocrites in the matter of assessing at “true cash value.” The constitu-
tion of most states calls for this basis of assessment, and public officials are loathe to report any deviation in practice.
The wide range of estimates from the various cities, however, indicates that the application of the constitutional provision is seldom observed. Yet more or less serious attempts are being made to adhere to the standard, and no general average may be fairly applied to all cities. Cities subject only to local taxation can afford to apply the law more rigidly than those having a state and county tax. Growing cities hard pressed for additional taxing or bonding margins may enforce the law in this respect. It is difficult for large cities to keep abresat of current market values.
Affirmed honesty in applying true cash values, for example, places the New Jersey cities well above the average. Dallas, on the other hand, concedes an unusually low basis. Failure to reassess currently affects satisfactory compliance with the legal standard,—Dayton, for example, reports having had no general reappraisal since 1910. Here indeed is one index to the efficacy of the assessing procedure in any city.
THE RANGE IN FINAL RATES
The figures speak for themselves in respect to the range from high to low rates as adjusted for comparative purposes. The highest rate reported is for Pontiac, $46.92, while Birmingham is lowest with a rate of $11. The average rate for all cities is $25.
Assuming the accuracy of the high rates shown in the table, the question arises, What is the maximum tax rate on property? May we expect local governments to increase the annual exactions from the prevailing 2.5 per cent to as high as 4 per cent?
The story of good government to-


COMPARATIVE TAX RATES FOR 177 CITIES OVER 30,000 FOR 1023 Compiled bt the Detroit Bureau op Governmental Research, Inc.
From Data Furnished by Members of the Governmental Research Conference, City Official*, and Chambers of Commerce
Census Jan 1, 1920 Per cent Fiscal year begins Tax rate per $1,000 of aaaeaed valuation *3 ij o $ o’* 1 1^1 f-sl 1 l§ Hi
Assessed value Unity Personalty Date of collection of taxes City School Debt County State Total |1| ill fa
sn I!i§ la II
Group I Population, 500,000 and over 1. New York, N. Y.1
5,620.048 $10,812,650,923 98 2 Jan. j May 1 $12.73 $5.90 $6.98 $0.82 $0.97 $27.40 100 127.40 94 $25.76 4
2 frhiflflfiPr HI-* 2,701,705 1,668,241,773 77 23 Jan.1, ’22 Jan. 2 37.90 27.70 7.30 4.50 77.40 50 38.70 75 29.02 1
3. Philadelphia. Pa.* 1.823,779 3,044,231,051 76 24 Jan. 1 Jan. 25 17.50 0.50 2.27 2.88 27 00 100 27.00 90 24.30 9
993,678 2,109,989,410 1,569,306,730 76 24 July 1 Jan. 1 July 15 16.92 5.55 27.62 100 27.62 80 22.10 9
5. Cleveland, Ohio6 798,841 63 37 ( Dec. 15, '22 i June 15, '23 7.15 5.20 6.81 1.58 4.18 24.90 100 24.90 80 19.92 10
772,897 984,261,880 1,677,861,744 1,304,418,812 85 15 Apr. 1, ’22 Oct. 1-Deo. 31. '22 12.70 8.80 2.20 1.30 25.00 100 25.00 90 22.50 8
748,060 90 10 Feb. 1, ’22 Not. 1, ’22 12.33 8.04 i .40 2.84 24.70 100 24.70 100 24.70 5
^ Baltimore. Md.* 733,828 66 34 Jan. Jan. 1 29.70 li.50 4.' 75 29.70 100 29.70 80 23.76 7
y Pjfiohurgh, Pa 588,343 928,864,800 996,938,610 100 Jan. 1 Jan. 1 16.00 32.25 100 32.25 65 27.41 2
in Angelnt. Calif.6 . . . 576,673 July 1 Oct. 1 16.50 16.30 6.80 5.47 39.60 100 39.60 50 19.80 11
11. Buffalo, N. Y.« 506,775 722,445,290 75 25 July 1 July 1 26.84 32.31 100 32.31 80 25.85 3
12. San Francisco, Calif.11 . 808,678 615,315,097 83 17 July 1. ’22 ( Oct., ’22 (Jan.. ’23 21.11 6.45 7.14 34.70 100 34.70 60 17.35 12
Group //
Population, 300,000 to 500,000 487,147 437,571 677,070,755 77 23 Jan. 1 f Deo. 1. '22- 10.66 8.11 3.86 4.77 1.79 29.18 100 29.18 85 24.80 4
14, Washington, D. C.1* .. 928,521,808 50 50 July 1, ’22 i Nov., *22 \ May,’23 18.20 18.20 67 12.19 100 12.19 7
15. Newark, N. J 414,524 578,971,103 80 20 Jan-1 ( Apr. 15 1 Dec. 1 14.31 9.78 4.36 5k2^ 3.94 37.60 100 37.60 100 37.00 1 -
16. Cincinnati, Ohiou .... 401,247 739,997.200 70 30 Jan. 1 j June 1 Dec. 5.36 6.21 5.48 1.62 4.17 22.74 100 22.74 100 22.74. 6
17, Minneapolis, Minn.14 .. 18. Kansas City, Mo.16.... 380,582 804,696,450 68 32 Jan. 1 Jan. 1 54.40 6.76 4.13 65.28 38 24.86 100 24.86 3
324,410 570.000,000 68 32 Apr. 16 ’ , June 1 1 3! 1 Not. 30 10.57 liio 4.30 1.00 27.37 100 27.37 85 23.26 5
IQ poa+tlA Wm)i 10 ... 315,312 232.851,469 85 15 Jan. 1 27.87 14.16 12.69 13.41 68.13 50 34.07 96 32.70 2
Group III
Population, 1UU.UIMJ to 300,000 20. Rochester, N. Y.17 295,750 378,742,863 100 Jan. 1 May 1 12.33 12.47 3.64 3.79 1.40 33.63 100 33.63 80 26.01 14
Portland OrflU 258,288 295,925,345 83 17 Dec. 1, *22 i Apr. 5 (Oct. 5 Jan. 1 ( Dec.. *22 (June, '23 17.10 10.60 8.10 9.40 45.20 100 45.20 60 27.12 12
O') n»nvor Cnlft 256,491 377,025,300 65 35 Jan. 1 8.85 11.79 2.51 4.48 27.63 100 27.63 80 22.10 27
OJ f*r,1*dnJ OWftU 243,164 458,532,640 68 32 Jan. 1 4.39 5.10 5.84 2.70 4.17 22.20 100 22.20 80 17.78 33

NATIONAL MUNICIPAL REVIEW [December


24. Providence, R. I.** 237,595 $510,227,750 77 23 Oct. 1, ’22
25. Columbus, Ohio11 237,031 381,075,370 65 35 Jan. 1
26. Louisville, Ky 234,891 264,000,000 71 29 Sept. 1, '22
27. St. Paul, Minn 234,668 475851,367 61 39 Jan. 1.
28. Oakland. C*M. 216,261 194,151,400 82 18 July 1
20. Akron, Ohio11 208,435 317816,080 64 36 Jan. 1
30. Atlanta, Ga.n 200,616 293,000,000 71 29 Jan. 1
31. Omaha, Nebr.*3 191,601 327,212,218 67 33 Jan. 1
32. Worcester. Mass 179,764 270,328,550 64 16 Deo. 1, ’22
33. Birmingham, Ala.33.... 178,806 144,151,226 78 22 Oct. 1, '22
34. Richmond, Va.M 171,667 299853863 60 40 Feb. 1
35. New Haven, Conn.*6... 162,537 247,053,215 84 16 Jan. 1
36. San Antonio. Tex 161,379 240.023 786 74 26 June 1, ’22
37. Dallas, Tex. 158.976 195,183,800 65 35 May 1
38. Dayton, Ohio M 152,559 231,373,170 59 41 Jan. 1
39. Bridgeport, Conn 143,555 236,657,744 75 25 Apr. 1
40. Houston, Tex 138,276 200,000,000 82 18 Jan. 1
41. Hartford, Conn 138,036 401.874.40C 63 37 • Apr. 1
42. Scranton, Pa 137,783 107,772,215 100 Jan. 1
43. Grand Rapids, Mich. .. 44. Paterson, N. J 137,634 210,556,986 69 31 July 1
135,875 159,714,129 June 1
45. Youngstown, Ohio 132,358 322,563,750 78 22 Jan. 1
46. Springfield Mass 129,614 244,464,577 86 14 Deo. 1, '21
47. Des Moines, Iowa 126,468 214,948,200 76 24 Apr. 1
48. New Bedford, Mass.... 121,217 200,964,491 58 42 Dec. 1, '21
49. Fall River, Maas 120.485 187,880,700 58 42 Jan. 1
60. Trenton, N. J 119,289 137^63,001 82 18 Jan. 1
61. Salt Lake City, Utah .. 118,110 188,536,892 72 28 Jan. 1, ’22
52. Camden, N, J 116,309 141,653,495 88 12 Jan. 1
83. Norfolk, Va 115,777 161,261,957 76 24 Jan. 1, *22
54. Albany, N. Y 113,344 119,242,410 99 1 Jan. 1
55. Wilmington. Del 110,168 118,980,425 100 July 1
66. Reading, Pa 107,784 101,223,353 100 Jan. 1
57. Fat Worth, Tex. 106,482 131,603,000 July 1, '22
58. Spokane, Wash 104,437 82.518,812 87 13
69. Yonkers, N. Y 100,176 198,415365 98 2 Jan. 1
Group IV Population, 60,000 to 100,000 60. Duluth, Minn 98,917 76.140,590 72 28 Jan. 1
61. Utica, N. Y 94,156 108,684,755 100 Jan. 1
62. Erie, Pa 63,372 115,454,613 Jan. 1
63. Somerville, Maas 93,091 88.158,139 9i 9 Jan. 1, '22
64. Flint, Mich 91,599 140,843,900 77 23 Mar. 1
65. Jacksonville, Fla 91,588 72,960,880 85 15 Jan. 1, '22
66. Oklahoma City, Okla. . 91.295 112,000,000 80 20 July 1, '22
Oct. 1, ’22 ( Deo. 20, *22 \ June 30. *23 Jan. 15 Jan. 1 Sept.
( Deo., ’22 l July, *23 May-Oct. May 1 Oct., ’23 Oct. 1, ’22 f June I Dec.
Jan. 1 Apr., ’23 June 15 Dec., '22 June, '23 Apr. 1 Sept. 1 Jan. 1 July 1 Jan. 1 July 1 June
f Deo., ’22 XJune, '23 Oct. 15, '22 May 1 Oct. 15, *22 Jan.-Nov. Jan. 1
Sept. 18, '22
{June 1 Deo. 1 Noy. 15. '22 Jan. 1 July 1 Mar. 1 Oct. 1, ’22 Feb. 6 Mar. 27
Jan. 1 Aug. 1 Jan. 1 Oct. 15, '22
[&
Nov. 1. ’22 Jan. 1,'23
315.16 $6.37 31.47 $23.00 100 $23.00 100 $23.00 24
9.50 7.60 $4.23 4.17 25.50 100 25.50 75 19.13 32
14.00 6.00 4.00 4.50 28.50 100 28.50 100 28.50 7
23.66 17.78 37 16 8.77 4.13 61.60 38 23.37 100 23.37 23
18.80 17.35 5 35 8.60 50.10 100 50.10 60 30.06 2
10.00 7.45 3.18 4.17 24.80 100 24.80 55 16.12 36
8.40 6.60 10.00 5.00 30.00 100 30.00 70 21.00 29
10.26 12.00 3.60 2.30 28.16 100 28.16 80 22.53 26
15.52 7.99 1.24 2.05 26.80 100 26.80 85 22.78 25
10.00 5.00 11.50 6.50 33.00 60 19.60 55 11.00 40
12.00 7.50 1 50 2.60 23.50 100 23.50 07 15.67 37
14.00 10.00 1.00 25.00 100 25.00 80 20.00 30
12.00 6.00 4 66 6.20 7.60 35.7C 100 35.70 75 26.78 15
15.01 9.29 7.50 9.40 41.20 100 41.20 36 14.83 38
12.89 7.31 4.63 4.17 29.00 100 29.00 60 17.40 34
17.52 9.96 .38 1.34 20.20 100 29.20 100 29.20 4
11.75 7.80 5 50 8.30 9.40 43.75 100 43.75 60 26.25 17
16.00 5.00 2.60 8.0C 31.6C 100 31.60 80 25.28 20
15.90 16.00 6.25 38.15 100 38.15 80 30.52 1
10.19 11.36 3.14 3.25 27.94 100 27.94 100 27.94 10
23.14 2.49 4.02 .25 20.90 100 29.90 100 29.90 3
5.40 4.63 3.40 4.17 17.60 100 17.60 80 14.08 39
16.83 8.67 .84 1.86 28.20 100 28.20 100 28.20 8
13.65 15.97 6.50 2.75 38.87 100 38.87 75 29.15 5
11.57 5.10 7 99 1.01 2.53 28.20 100 28.20 100 28.20 9
22.92 .98 2.10 26.00 100 26.00 100 26.00 18
16.00 9.78 4.07 1.45 32.20 100 32.20 80 25.70 19
11.40 13.80 4.40 2.40 31.20 100 31.20 80 24.96 2
11.50 8.31 3.93 3.72 27.60 100 27.50 100 27.50 u
22.50 2.50 25.00 100 25.00 67 10.07 35
24.30 7.20 31.50 100 31.50 77 24.26 22
16.00 3.66 7.50 2.50 29.00 100 29.00 100 29.00 6
10.50 10.00 4.00 24.50 100 24.50 90 22 05 28
22.00 9.50 7.50 39.00 100 39.00 60 19.50 31
16.00 15.66 12.29 14.71 00.00 50 30.00 90 27.00 13
8.68 10.66 5 66 3.76 1.40 30.40 100 30.40 87 26.45 16
21.28 22.17 10.32 4.13 67.90 38 22.00 80 17.60 4
8.86 13.43 10.87 33.16 100 33.16 85 28.19 31
12.20 14.00 7.00 33.20 100 33.20 80 26.66 26
18.54 7.11 1.07 3.88 30.60 100 30.60 100 30.60 35
13.05 11.45 6.08 3.26 33.84 100 33.84 80 27.07 28
20.90 6.00 25.25 10.63 62.78 100 62.78 50 31.39 36
9.90 15.30 5.00 8.70 .60 39.40 100 39.40 80 31.62 37
1923] COMPARATIVE TAX RATES


COMPARATIVE TAX RATES FOR 177 CITIES OVER 30,000 FOR 1923-C Census Jan 1, 1920 Per cent Fiscal year begins
Assessed value Realty Personalty
Croup IV (continued) Population 50.000 to 100,000 67, Schenectady. N. Y. ... 88.723 $77,618,258 95 5 Jan. 1
68. Canton, Ohio 87,091 145,573,900 67 33 Jan. 1
69. Evansville, Ind 85,264 120,105,930 80 20 Jan. 1
70. Savannah, Ga 83,252 76,079,720 69 31 Jan. 1
71. Manchester, N. H 78.384 114,597 852 81 19 Apr. 1
72. St. Joseph. Mo 77,939 78,706.910 69 ' 31 Apr. 16
73. Peoria, ill 76,121 77,001,470 73.5 26.5 Jan. 1
74. Harrisburg. Pa 75,917 67,492,540 100 Jan. 1
75. San Diego, Calif 74,683 108,246.590 94.5 5.5 Jan. 1
76. Wichita, Kans 72,217 107,890,597 70 30 Jan. 1, '22
77. Sioux City, Iowa 71,227 23,806,352 76 24 Apr. 1, '23
78. South Bend Ind 70,983 150,384,230 58 42 Jan. 1
79. Portland. Me 69,272 104,244.675 69 31 Jan. 1
80. Hoboken. N. J 68,166 88 257,300 87 13 Jan. 1
81. Binghamton, N. Y. .. . 66,800 66,722,419 99 i Jan. 1
82. Brockton, Mass 66,254 65,426,600 84 16 Dec. 1
83. Terre Haute, Ind 66,083 86,407,120 75 25 Jan. 1
84. Sacramento, Calif 65,908 61,742.720 65 15 Jan. 1,’22
85. Rockford, 111 65,651 43,377.704 65 35 Jan. 1, '22
86. Passaic, N. J 63,841 79,024,808 75 2f Jan. 1
87. Saginaw, Mich 61,903 86,462,417 77 23 July 1
88. Springfield, Ohio 60,840 91,252,050 65 35 Jan. 1
89. Holyoke. Maas 60,203 95,176.520 77 23 Dec. 1, '22
90. New Britain. Conn.57 .. 59,316 93,378,649 79 21 Apr. 1
91. Springfield, 111 59,183 74,562,877 61 39 Mar. 1, ’22
92. Racine, Wis 58,593 79,698,249 78 22 Jan. 1, '22
93. Lansing, Mich 57,327 130,295,418 72 28 May i
94. Davenport, Iowa 56,727 34,496,695 82 18 Apr. 1, '22
85. Wheeling, W. Va 56,208 110,422,242 73 27 Nov. 1, '22
96. Berkeley, Calif 56,036 63,075.721 75 25 July 1, ’22
97. Long Beach, Calif 55,593 105.076,735 70 30 Mar. 1, '22
98. Lincoln, Nebr 54,948 93,468.600 69 31 Sept. 1, '22
99. Augusta, Ga 52.548 46.000,000 75 25 Jan. 1, ’22
100. Tampa. Fla 51,608 38,128,944 76 24 June 1, *22
101. Roanoke, Va 50,842 66,336,527 69 31 Jan.1, ’22
Date of collection of taxes
July 1
June
Dec.
May 1 Nov. 1 Apr. 1 Sept. 1 May 5 Jan. 1 May 1 June 1 Nov. 1/22 Jan. 1, '23 May Nov.
Aug. 1 June 1 Jan. 1 July 1 Oct. 15 May 1 Nov. 1 Oct. 15, ’22 Jan. 1, '23 June 1 Dec. 1 July 1 June
Pail
Oct.' 15, ’22 July 1 Jan. 1, '23 Jan. 1, '23 July 15 Sept. 1. '22 Nov. 1, '22 Oct. 15, '22 Oct. 15. ’22 Oct. 1, *22 Oct. 1, '22 Oct. 1, '23 Nov. 1/22
Tax rate per 81,000 of assessed valuation Legal basis of ; assessment (percent) Adjusted tax rate to uniform 100% basis of assessment Estimated ratio of assessed to true value (per cent) Final readjusted tax rate Rank within census group
City School Debt County State Total
824.36 $18.80 $7.92 $51.08 100 $51.08 67 $34.05 43
4.05 8.80 $5.47 3.30 $4.18 25.80 100 25.80 60 15 48 3
9.70 9.00 5.00 2.70 26.40 100 26.40 100 26.40 25
16.67 5.00 12.50 5.00 39.17 100 39.17 60 23.50 18
12.14 4.72 2.54 1.86 2.24 23.50 100 23.50 100 23.50 19
10.00 11.75 2.00 8.75 1.00 33.50 100 33.50 60 20.10 10
25.90 27.00 8.40 4.50 65.86 50 32.90 100 32.90 41
13.00 17.00 6.00 36 00 100 36.00 67 24.00 21
20.00 16.80 27.10 63.90 100 63.90 50 31.95 39
9.20 15.00 3.34 i .66 29.20 100 29 20 90 26.28 24
48.00 66.60 21.90 11.50 148.00 25 37.00 65 24.05 22
7.83 10.70 4.67 2.70 25.90 100 25.90 70 18.13 6
15.86 7.63 2.53 1.37 6.61 34.00 100 34.00 65 22.10 10
31.14 .56 6.32 3.76 41.78 100 41.78 90 37.60 46
29.30 8.50 37.80 100 37.80 78 29.48 31
25.93 8.70 1.36 1.81 37.80 100 37.80 80 30.24 34
11.15 14.60 6.00 7,37 3.00 42.12 100 42.12 90 37.90 47
12.43 24.08 5.37 7.52 49.40 100 49.40 72 35.57 45
18.30 24.60 1.30 17.20 4.50 65.90 50 32.95 87 28.67 30
25.29 2.50 3.68 .43 31.90 100 31.90 100 31.90 38
12.39 11.94 6.77 2.98 34.08 100 34.08 100 34.08 44
3.70 6.00 3.55 3.25 2.95 18.60 100 18.60 100 18.60 6
11.00 7.90 2.66 .91 2.03 24.50 100 24.50 100 24.50 23
11.38 10.98 1.14 23.50 100 23.50 84 19.74 8
23.50 20.00 li,70 5.80 5.60 66.60 50 33.30 67 22.20 14
13.00 9.29 6.43 28.72 100 28.72 78 22.40 16
8.47 8.95 2.29 2.63 22.34 100 22.34 100 22.34 15
27.00 32.45 11.42 5.63 76.50 50 38.25 70 26.78 27
7.34 7.30 5.00 1.40 21.04 100 21.04 100 21.04 12
11.40 26.43 8.97 46.80 100 46.80 70 32.76 40
11.70 18.80 i.90 8.30 40.70 100 40.70 70 28.49 29
7.75 13.26 1.64 2.30 24.95 100 24.95 80 10.96 9
19.00 11.00 6.40 5.00 41.40 100 41.40 50 20.70 11
25.50 13.00 27.00 10.63 66.13 100 86.13 50 33.06 42
15.15 6.75 .... 2.50 25.00 100 25.00 50 12.50 1
-3
K>
NATIONAL MUNICIPAL REVIEW [December


2. Niagara FallB, N. Y. .. 50.760 1104,009,000 100 Jan. 1
3. East Orange, N. J 50,710 84,322,536 87 i3 Jan. 1
1 Atlantic City, N. J. , . 50,707 173.857,454 94 6 Jan. 1
5. Huntington, W. Va.... 50,177 113,675,000 80 20 July 1, '22
6. Topeka, Kans 50,022 75,745,319 72 28 Jan. 1
Group V Population, 30,000 to 50,000 7. Malden, Mass 49,103 47,083,658 85 15 Jan. 1, '22
8. Kalamazoo, Mich 48,487 67,446,575 68 32 Jan. 1
9. Jackson, Mich 48,374 78,313,470 78 22 Jan. 1
0. Bay City, Mich 47,554 47,251.674 78 22 July 1
1. York, Pa 47,512 37,201.787 95 5 Jan. 1
2. McKeesport, Pa 46,781 39,179,650 100 Jan. 1
3. Highland Park. Mich. . 46,499 165,310,^00 50 50 July 1
4. Cedar Rapids, Iowa ... 45,566 54,649,799 86 14 Apr. 1/22
5. Pasadena, Calif 45,354 92,824,527 78 22 July 1, '22
0. Fresno, Calif 45,086 41,177,570 84 16 July 1, '22
7. New Castle, Pa 44,938 33.011,600 72 28 Jan. 1
8. Shreveport, Pa 43,874 85,048,330 90 10 Jan. 1, '22
9. Decatur, 111 43,818 16,967,680 75 25 May 1, '22
0. Chelsea, Mass 43,184 43,822,300 85 15 Jan. 1, *22
!1. Mount Vernon, N. Y... 42,726 81,540,568 100 Jan. 1
12. Salem, Mass 42,529 47,840,850 80 20 Jan. 1, '22
!3. Pittsfield, Maas 41,763 47,991,875 79 21 Jan. 1, *22
!4. Lakewood, Ohio 41,732 77,165,600 80 20 Jan. 1
!5. Lima, Ohio 41,326 60,125,020 63.5 36.5 Jan. 1
16. Fitchburg, Mass 41,029 54,265,525 72 28 Dec. 1, '22
57. Kenosha, Wis 40,472 56,443,550 65 35 Jan. 1
58. Stockton, Calif. 40,296 58,600,000 60 40 Jan. 1
59. Everett, Mass 40,120 45,134,400 82 18 Jan. 1, *22
10. West Hoboken, N. J. ,, 40,074 29,432,172 94 6 Jan. 1
tl. Springfield, Mo 39,631 37,458,302 69 31 July 1, ’22
12. Dubuque, Iowa2® 39,141 39,132,000 82 18 Apr. 1
13. Medford, Mass . 39,038 43,673,750 93 7 Jan. 1, *22
14. Jamestown, N. Y 38,917 31,085,906 100 Mar. 1
15. Waco, Tex. 38,500 50,074,720 70 30 Oct. 1, '22
16. Joliet, 111 38,442 12,985,378 70 30 Jan. 1
17. Madison, Wis 38,378 85,093,923 74 26 Jan. 1, '22
18. Brookline, Mass.2® ... 37,748 112.727,300 86 14 Jan. 1, '22
19. Columbia, S. C 37,524 29,200,000 80 20 Jan. 1, '22
10. Lorain, Ohio 37,295 58,777,910 62 38 Jan. 1
11. Muskegon, Mich 36,570 52,646,978 78 22 Jan. J
12. Chicopee. Maas 36,214 44,971,820 75 25 Deo. 1/21
13. New Rochelle, N. Y.., 36,213 86,787,160 100 Jan. 1
14. Battle Creek, Mioh. ... 36,164 52.708,410 75 25 Mar. 1
Oot. 1, '22 Jan. 1 ( June t Dec.
Nov. 1, '22 ( Dec., '22 l June, '23
Oct. 15, '22 July 1 July 1 Aug. 1 Mar. 1 Mar. 1 July 1 Jan. 1, '23 Oct. 10, '22 1 Dec., '22 ( Apr., '23 June 1 Dee. 1, '22 Jan. 1, '23 Oct. 15, ’22 Jan. 1 Nov. 1, ’22 Oct. 15, ’22 ( Dec., '22 (June, '23 1 Dec., '22 I June, '23 Sept. 15, '23 Jan. 1 Feb. 15 Oct. 1, ’22 1 June 1 1 Dec. 1 Sept. 1, '22 Feb.
Oct. 15, '22 July
Oct. 1, '22 Jan. 7 Jan. 1, '22 Oct. 15, '22 Oct. 15, '22 t Dec. 20, '22 1 June 20, '23 Dec. 1, ’22 Oct. 16, '22 Apr. 22, '23 (Aug. 20, '23 l Jan. 10, '24
$10 54 *7.64 *4.58 $1.38 $24.14 100 $24.14 93 (22.45 17
13.13 8.31 7.76 1.00 30.20 100 30.20 65 19.63 7
15.79 6.94 4.45 3.42 29.60 100 29.60 100 29.60 33
4.70 10.70 3.00 1.50 19.90 100 19.90 75 14.93 2
10.84 12.55 5.86 2.15 31.40 100 31.40 75 23.55 20
14.41 10.09 $3 21 1.40 3.59 32.70 100 32.70 90 29.43 43
12.00 13.05 3.95 3.69 32.69 100 32.69 80 26.15 38
*7.69 7.78 87 4.12 3.04 23.50 100 23.50 100 23.50 28
15.24 16.90 5.46 2.68 40.28 100 40.28 100 40.28 58
9.50 14.00 7.00 30.50 100 30.50 67 20.33 20
10.00 15.00 6.00 31.00 100 31.00 65 20.15 18
8.60 7.90 2.05 2.88 21.43 100 21.43 80 17.14 7
11.50 22.80 4.46 2.92 41.68 100 41.08 60 25.01 34
12.80 2.13 .83 15.76 100 15.76 75 11.82 1
21.80 19.20 24.00 65.00 100 65.00 60 39.00 67
12.00 20.00 6 00 38.00 100 38.00 50 19.00 10
7.50 4.60 6.50 5.25 23.75 100 23.75 60 14.25 3
36.50 35.90 13.10 4.50 90.00 50 45.00 67 30.00 46
20.18 11.63 2.39 34.20 100 34.20 100 34.20 55
9.66 9.62 3.38 1.34 24.00 100 24.00 80 19.20 12
13.07 8.90 7 45 1.71 2.87 34.00 100 34.00 100 34.00 54
12.85 7.78 6 07 1.56 2.14 30.40 100 30.40 60 24.32 30
5.33 12.43 4 18 2.68 3.68 28.30 100 28.30 80 22.64 20
2.36 7.35 6 33 5.59 4.17 25.80 100 25.80 55 16.39 6
13.72 6.72 4 90 2.66 28.00 100 28.00 75 21.00 21
14.66 11.47 3.41 1.46 31.00 100 31.00 65 20.15 17
15.50 18.80 12.70 47.00 100 47.00 70 32.90 53
25.99 1.06 4.75 31.80 100 31.80 80 25.44 35
20.88 6.89 4.16 37.93 100 37.93 100 37.93 56
8.96 8.50 2 34 5.20 1.30 26.30 100 26.30 70 18.41 8
14.44 13.75 7.48 2.52 38.19 100 38.19 80 30.55 47
18.00 11.93 1.26 3.81 35.00 100 35.00 90 31.60 50
17.27 19.88 9.54 46.69 100 46.69 60 28.01 42
11.37 6.50 5 33 4.00 7.50 34.70 75 26.03 100 26.03 37
22.70 54.20 15.90 4.50 97.30 50 48.65 50 24.33 31
7.50 12.60 i 70 2.90 1.30 26.00 100 26.00 94.5 24.57 32
10.20 4.90 6.60 21.70 100 21.70 100 21.70 23
26.00 18.50 13.00 7.50 65.00 42 27.30 59 16.25 5
5.81 8.20 4 60 3.62 4.17 26.40 100 26.40 70 18.48 9
10.11 11.20 3 83 6.38 2.78 34.36 100 34.30 95 32.64 52
14.08 9.09 1.08 2.25 26.50 100 26.50 .80 21.20 22
13.08 8.96 3 it 2.87 1.32 29.50 100 29.50 100 29.50 44
10.00 13.28 3.78 3.73 30.79 100 30.79 100 30.79 48
1923] COMPARATIVE TAX RATES 725


COMPARATIVE TAX RATES FOR 177 CITIES OVER 30,000 FOR 1023—Cmtituud
Census Jan. 1,
1020
Group V (continued) Population 30,000 to 50,000
i5. Quincy. Dl...........
10. East Chicago, Ind....
i7. Newport News, Va.....
13. Rock Island, 111— — 19. Poughkeepsie, N. Y. ... >0. Pontiac, Mich.........
35,978
35,967
35,596
35,177
35,000
34,273
il. Ffcoton, Pa......
J2, A»iatordam, N. Y. >3. Orange, N. J. ... >4. Ogden, Utah
33,813
33,524
33,268
32,804
16. New Brunswick, N. J. .
>5. Norristown, Pa.......
57. Lewiston, Me........
58. Watertown, N. Y.....
32,779
32,310
31,791
31,285
(9. Columbus, Ga. . 10. Green Bay, Wis-|1. Moline, 111..
31,125
31,017
30,734
12. Newburgh, N. Y.
30,366
tff. Muskogee, Okla 30.277
54. Colorado Springs, Colo.. 30.105
15. Lynchburg, Va.M 30,070
Canadian Cities
1. Montreal, Quebec,c ... 618,506
2. Toronto, Ontario11 . . . 521,893
8. Winnipeg, Manitoba12 179.087
4. Vancouver, B. C.” 117,217
5. Hamilton, Ontario 114,151
•. Ottawa, Ontario “_____
7. Calgary, Alberta*6 ....
8. London, Ontario.......
9. Edmonton, Alberta36..
0. Halifax, Nova Scotia..
1. St. John, N. B........
2. Victoria, B, C.87.....
107,843
63,305
60,969
58,821
58,372
47,166
38,727
Assessed value Per cent Fiscal year begins Date of collection of taxes Tax rata per 61,000 of aaacned valuation Legal basis of assessment (per cent) Jill III! Estimated ratio of assessed to true value (per cent) Final readjusted tax rate a a 31 ||
Realty Peronalty City School Debt County State Total
$18,325,927 68 32 May 1 $22.65 $27.30 15.00 $4.50 359.45 50 $29.73 100 $29.73 45
71^892,745 64 36 Jan. 1 May 1 7.80 8.00 4.50 2.70 23.00 100 23.00 100 23.00 27
41,054,525 71 29 July 1, '22 Nov. 1, ’22 9.70 7.80 2.50 20.00 100 20 00 60 12.00 2
12,417,875 79 21 Apr. 1 Feb. 1 25.80 36.60 13.50 4.50 80.40 50 40.20 50 20.10 16
34^277,960 100 Jan. 1 Jan.15 26.45 6.01 32.46 100 32.46 80 25.97 36
44,117,086 74 26 Jan. 1 July Dec. 18.85 15.36 8.53 4.18 46.92 100 46.92 100 46.92 69
34,160,410 60 40 Jan. 1 July 1 Oct 1 13.00 14.00 5.00 32.00 100 32.00 60 19.20 13
23,617,167 100 Jan. 1 Aug. 1 33.82 12.80 46.62 100 46.62 60 27.97 41
32,364.016 85 15 Jan. 1 i June 1 Dec. 11.46 12.20 $3.92 5.23 3.99 36.80 100 38.80 85 31.28 49
38,836,102 67 33 July 1 July 1 10.00 15.30 4.60 3.44 33.34 100 33.34 75 25.00 33
29,809,990 86 14 Jan. 1 (June 1 1 Dec. 1 20.60 12.30 8.40 4.10 45.40 100 45.40 60 27.24 40
22,060.315 92 8 Jan. 1 ' July 1 10.00 14.00 2.50 2.00 28.50 100 28.50 67 19.00 11
30^800^262 82 18 Mar. 1 Aug. 21 16.34 3.13 .66 2.61 7.26 30.00 100 30.00 65 19.50 15
41,677,680 98 2 Jan. 1 ( Jan.15 (May 15 8.62 6.74 3.60 6.09 1.05 26.00 100 26.00 92 23.92 29
37,323.300 70 30 Jan. 1 ' Aug. 1 10.00 6.00 2.00 9.00 5.00 32.00 100 32.00 60 19.20 14
42 A 10,025 76 24 Jan. 1 Dec. 16, '22 6.28 9.65 3.46 6.87 1.24 27.50 100 27.60 80 22.00 25
11 £321749 68 32 Apr. 1, ’22 Feb. 1. '23 29.10 33.80 13.30 4.50 80.70 50 40.35 60 20.18 19
28,506,744 100 Jan. 1 Mar. 1 Oct. 1 20.00 7.49 27.49 100 27.49 80 21.99 24
28.620,676 75 25 July 1 June 1 Dec. 1 16.12 17.61 10.36 .50 44.58 60 26.75 100 26.75 39
36,329,000 55 45 Jan. 1 Jan. 1 14.50 15.88 6.30 4.48 41.16 100 41.16 78 32.10 51
48,085,355 54 46 Feb. 1 Sept. 1 20.00 2.50 22.50 100 22.50 70 15.75 4
709,324,469 100 May 1 Oct 1 13.50 10.00 23.50 100 23.50 100 23.50 10
790,058,870 100 Jan. 1 May-July-Sept. 13.84 9.04 7.92 30.80 100 30.80 75 23.10 11
241,490,990 100 Jan. 11 June 15 12. OC 12.15 2.70 2.65 29.50 100 29.50 83 24.48 8
206,994,915 100 Jan. 1 Aug. 3 14.74 7.86 9.07 31.67 100 31.67 100 31.67 4
140.293,470 100 Jan. 1, ’22 July 15. 23 Sept. 15. ’23 10.16 11.96 8.46 .42 1.00 32.00 100 32.00 100 32.00 3
137,059,227 82 18 Jan. 1 June 15, ’23 Nov. 15. '23 12.55 10.60 4.85 28.00 100 28.00 75 21.00 12
59,656,292 100 Jan. 1 May 20 30.05 19.77 2.09 51.91 68 35.19 100 35.19 1
68.209,120 100 Jan. 1 June-Aug.-Oct. 8.35 14.27 li.72 .36 34.70 100 34.70 70 24.29 9
61^527,040 100 Jan. 1 May 1 20.75 19.25 40.00 100 40.00 80 32.00 2
59,639,735 100 May 1 July 31 21.7(1 9.95 .85 32.50 100 32.50 80 26.00 7
62,974,550 88 12 Jan. 1 Aug. 1 13.9C 8.00 8.66 30.80 100 30.80 100 30.80 5
63,708.642 100 Jan, 1 July 1 14.69 9.87 14,96 39.72 100 39.72 70 27.80 6
726 NATIONAL MUNICIPAL REVIEW [December


1 New York City. Each borough has two tax rates,-—one for realty and one for personalty,—consolidated by purposes. The rate here shown is that for realty in Manhattan borough, and the distribution is a computation based upon the gross appropriations by subdivisions. The personalty rates ($27.30) and the realty rates lor the other four boroughs are the same as for Manhattan exoept the realty rate fa Richmond borough, $27.60.
3 Chicaoo. The city rate includes sanitary district, forest preserve district of Cook county, and park district. The rate shown it for South Park District (central business district and south side of city). The rats in other park districts is slightly higher. A quadrennial revaluation is in progress this year. Realty valuation includes 4.4 per cent railroad stock and 2.7 per cent capital stock.
* Philadelphia. The city rate includes the cost of county government, which is consolidated with the city; the city rate also includes city debt service. The rates given are on city realty, comprising 94 per cent of all realty; suburban realty (5 per cent of all realty) is taxed at two-thirds, and farm realty (1 per cent of all realty) at one-half, of the eity realty,—except that property in poor distriota (having local poor taxes) is further relieved of such poor taxes. There is a 4 mill tax on money at interest and vehicles to hire, comprising the personalty valuation. In all, there are nine distinct tax rates. Discount is allowed on taxes paid before June, and a penalty charged after December. There is no state tax on realty in Pennsylvania.
* Detroit. The city rate includes debt few city and schools.
9 Cleitland. The city rate includes library rate of 75 cents. The state rate includes $2.65 for schools, collected by the county and redistributed to the school districts therein.
I St. Louie. The city rate includes the cost of county government, which is consolidated with the city. Realty valuation includes railroads and bridges, 7 per cent.
7 Boston. The city rate includes debt levy.
8 Baltimore The city rate includes the country, which is consolidated with the oity; also includes school rate. There are several rates applied to eleven bases of assessed valuation. The rate shown is applied against realty and tangible personalty in the “old city," comprising 50 per cent of the valuation; ratea on other classes of property in the old city and new addition are lower.
9 Lot Angeles. The city rate includes flood control rate of 70 cents. Legal basis of assessment is 100 per cent, but few purpose of taxation 50 per cent of assessed valuation is used. There are fourteen distinct tax districts. There is no state tax on real estate in California.
10 Buffalo. The city rate includes school and debt; the state rate includes county (division not furnished).
II San Francisco. The city rate includes the county, which is consolidated with the city. (See note 9.)
lt Washington. Appropriations for the District of Columbia are made by Congress, 60 per cent of the total being raised by taxation, and 40 per cent paid by the Federal Treasury. (See October 1923Na.tioNal Municipal Review for full description.) The rate shown is for real and tangible personal property, comprising 64 per cent of the assessed valuation; the rate on tangible personalty is tb of 1 per cent. Details of the total rate were not furnished.
11 Cincinnati, Columbus, Akron. The state rate includes $2.65 school levy, retained by the county and redistributed to sohool districts therein.
u Minneapolis. Real estate is assessed at 40 per cent of full and true value; personalty, at 25 per cent to 40 per cent; and money and credits at 100 per oent. The tax rate on money and credits is 3 mills on the dollar.
11 Kamos City, Missouri. The valuation shown is for school, county and state purposes. Hie valuation for city tax is $457,000,000, with a rate of $12.50, which rate is adjusted for the valuation shown. The city rate includes also 55 cents few parks, adjusted for the valuation shown, from an actual rate of $2.50 on land only exclusive of improvements, valued at $125,000,000.
19 Seattle. The city rate includes $1 for port.
17 Rochester. The school rate includes debt for schools. The valuation includes personalty of leas than 1 per cent, which is omitted from this table* all New York cities are bo tabulated.
11 Portland. The city rate includes $2 port rate and $2 dock rate; the county rate includes library rate. Realty valuation includes 10 per oent public service companies.
19 Toledo. The city rate includes 40 cents for municipal university. The school rate includes 40 cents for library. The state rate includes $2.65 school levy, collected by the county and redistributed to school districts therein.
30 Providence. There is no county government in Rhode Island, therefore, no county rate. The city rate includes debt service.
* Atlanta. The school rate is estimated,—the city remits schools 26 per cent of total revenues.
» Omaha. The city rate includes debt service and fire hydrant rental.
u Birmingham. The county rate includes $3 school levy, distributed to the school districts therein
91 Richmond, Lynchburg. The rate given is on realty; tangible personalty (5 per cent of the total valuation) is taxed at $22, and intangible personalty at from $2 to $8.50. There is no county rate for cities in Virginia, as they are autonomous.
s New Haven. State and county taxes levied during Beaoon of legislative assembly, every two years; a tax of $2.50 was levied in 1922, about two-thirds payable in 1922, and the balance ($1) in 1923.
96 Dayton. Both city and eounty rates include debt and flood prevention charges. (Also see note 13.)
97 New Britain. The city rate includes $3.10 sprinkling tax paid by the central district of the city.
99 Dubuque. Valuation and rates do not include money and credits, $10,000,000, taxed at 5 mills, prorated to subdivisions according to levy.
99 Brookline. The city (town) rate includes school rate, also metropolitan sewer and park taxes.
99 Montreal. The school rate shown is the Protestant rate; the Catholio rate is $7; the Neutral (comprising business corporations) rate b $12. There is no county tax in Canadian cities. Montreal has no direct provincial (state) tax.
91 Toronto. Realty valuation includes 8,7 per cent income and 10.9 per cent business. Toronto has no direct provincial tax.
99 Winnipeg. Realty includes 6 per cent business tax and 11 per cent miscellaneous revenue.
19 Vancouver. Improvements (39 per oent of valuation) can be exempted from taxation by Council, and in 1922 and 1923 a 50 per cent exemption was allowed,—therefore, improvements were taxed at 50 per cent of rate shown. Tax rate is subject to 10 per cent discount, winch is charged against the city revenues, the school and debt levy being net.
94 Ottawa. The city has both Protestant and Separate (Roman Catholic) schools, both paying the High School rate of $7.70; the Separate School rate b $4.30 higher than the Public School rate, or $12, making a total
rate for Separate schoob of $32.30.
99 Calgary. Land is assessed at 100 per oent, buildings at 60 per cent. Of the total valuation, $312,516 b assessed at only $20. The total valuation does not include the business tax assessment of $3,256,552.
99 Bdmonton. Land is assessed at 100 per cent, buildings at 60 per oent, of real value (valuations not Btated).
97 Victoria. Land is asacosed at 100 per oent, improvements at 33 per oent of real value.
*3
1923] COMPARATIVE TAX RATES


NATIONAL MUNICIPAL REVIEW
[December
728
day is not written in low tax rates. Citizens are coming to recognize that the keystone of good government is the budget, and the tax rate is but one means to that end. Public interest is being directed to the program of services and their cost, and the resulting tax rate is secondary. This is one of the most encouraging signs of progress in our cities to-day.
This brings to mind the circular recently issued by a commercial organization in a large city, which announced:
To the individual or firm seeking an industrial site or location, the tax rate is an important consideration.
A study of the following tax rates (about
twenty cities) will reveal---’s prior claim as
highly advantageous district for a manufacturing establishment.
Here . . . the taxpayer’s money is made
to yield the fullest measure of public service.
The premise is sound. But will any individual or industry agree with the conclusion? It is fatuous until all the facts are known. What public services are being performed by a city, and what is their efficiency in dollars spent and units of work done,—as measured in pure water, low death rates, clean and safe streets, well-trained and paid teachers, provision for recreation in play areas and centers? These and many more things are the elements upon which the modern city is judged as to its adaptability for home or factory.
No final conclusions may safely be drawn with respect to the effectiveness of the municipal governments in any
of the cities by casual examination of these figures. The mere citation of the influences affecting the tax rates should dispel any false notions of their value as an index to public economy. There are too many other sources of revenue by governments. One gage of costs is the reports being issued currently by the department of commerce, entitled “Financial Statistics of the
City (or State) Government of------.”
These sheets give the total cost, revenues, debt and assessed valuation, and the per capita figures also are reported.
It might be suggested that such essential factors as the tendency of cities to pay for public works by special assessments, to the relief of the tax rate but not the citizens at large, cannot be reflected in the table. Similarly, the adoption of the pay-as-you-go policy, followed to some extent by many cities, with the immediate effect of increasing the tax rate but the ultimate effect of economy to the taxpayer, is not apparent from the figures.
Questionnaires were submitted to all cities over 30,000—247 cities in United States and 13 in Canada. From the 260 cities, data adequate to tabulate were received from 177. It is regretted that it was necessary to omit the remaining 83 cities because no replies were had or the information was incomplete. Should demand warrant a compilation of the data in 1924, it is to be hoped that replies will be forthcoming from all the cities, and possible errors due to misinterpretation this year be remedied.


RECENT BOOKS REVIEWED
Public Utility Rates for 542 Kansas Cities. By The League of Kansas Municipalities, Lawrence, Kansas, 1923.
The League of Kansas Municipalities has recently issued under the caption of “Public Utility Rates for 542 Kansas Cities” what is probably the most comprehensive compilation of rates chargeable for water supply, electric light and power, gas and telephone service for any single state. This compilation includes in addition to the tabulation of rates charged for the various services, considerable data with respect to local conditions of operation. Thus, for water supply the source of the supply is given, method of treatment employed together with the capacity of the plant and whether or not the latter is a paying proposition. Similar information is given for the electric light and power plants.
A brief comment is also made on certain of the more outstanding detects in administration such as would be disclosed in a study of this kind and suggestions for desirable changes in administrative policy are made. It is proposed to issue each year a supplement to this publication thereby bringing the information up to date. The data submitted are presented in a concise and readily understandable form that should make the book of value to local plant operators in Kansas cities as well as of interest to the general public. There is a distinct place for the sort of educational service furnished by publications of this kind.
William A. Bassett.
*
City Charter Making in Minnesota. The Law of Special Legislation and Municipal Home Rule in Minnesota. By William Anderson, Associate Professor of Political Science, University of Minnesota. Published by the University, April, 1922, and May, 1923.
These brochures are publications No. 1 and No. 2 of the University of Minnesota Bureau for Research in Government, of which Professor Anderson is the director. It is to be hoped that these initial publications will be followed by many more.
The brochure on special legislation and home rule is a reprint from the Minnesota Law Review, and its flavor is distinctly legal. The reader at all familiar with the phenomenon of special legislation in our states, and the efforts to avert its evils by constitutional prohibitions, is struck at once by the parallel of Minnesota's experiences with those in a number of jurisdictions. So far as the main outlines of Dr. Anderson’s study are concerned, the history might apply with equal accuracy to Pennsylvania, for example.
This work is divided into two major parts, as its title indicates—in fact the reprint is of two separate articles. The part devoted to special legislation is arranged in nine sections. In a logical orderly manner the provisions of the first state constitution and the several amendments are discussed, and their ineffectiveness in avoiding the evils of special legislation is made clear. An analysis of the court decisions, with careful citations, shows the influence of expediency and the courts’ frequent inconsistencies. The greater part of the discussion naturally is devoted to special legislation affecting municipalities.
The paper on municipal home rule is an excellent summary of the efforts of the last thirty years in Minnesota to solve the problem of providing charters suited to individual needs of communities and avoiding at the same time the objectionable results of special legislation. A very full discussion of home-rule powers, also adequately buttressed by citations, is the meat of the discussion.
The handbook on charter making is a mine of useful information for citizens and officials of Minnesota municipalities. The book furnishes in compact form the essentials for drafting a charter for a Minnesota city. The chapters and their subdivisions are well arranged, and are followed by a good index, and a fairly inclusive bibliography.
Problems such as that of separate administrative boards are soundly treated. The commission plan of government, the commission-manager plan, and proportional representation, are other important topics well presented.
The typography and paper of City Charier Making might well be improved in a later edition, 729


NATIONAL MUNICIPAL REVIEW [December
730
and such solecisms as “much of the data” (in the foreword) are especially regrettable in a university publication.
Frederick F. Greenberg.
♦
Service Monographs of the United States
Government. By the Institute for Government Research, Johns Hopkins Press,
1922-28.
The Institute for Government Research has reached the half-way mark in its Service Monographs of the United States Government. During 1922 and 1923 the following 26 volumes of this series have been published.1
â–  1. The Geological Survey
2. The Reclamation Service
8. The Bureau of Mines
4. The Alaskan Engineering Commission
5. The Tariff Commission
6. The Federal Board for Vocational Education
7. The Federal Trade Commission
8. The Steamboat-Inspection Service
9. The Weather Bureau
10. The Public Health Service
11. The National Park Service
12. The Employees’ Compensation Commission
IS. The General Land Office
14. The Bureau of Education
15. The Bureau of Navigation
16. The Coast and Geodetic Survey
17. The Federal Power Commission
18. The Interstate Commerce Commission
19. The Railroad Labor Board
20. The Division of Conciliation
22. The Women’s Bureau
23. The Office of the Supervising Architect
24. The Bureau of Pensions
25. The Bureau of Internal Revenue
26. The Bureau of Public Roads
27. The Office of the Chief of Engineers
As was once said of an important survey of the New York Bureau of Municipal Research, “These form a valuable series. They contain 3,837 pages and weigh 18 pounds and 4 ounces.”
These monographs are prepared according to a uniform plan. They give, first, the history of the establishment and development of each service; second, its functions and activities; third, its organization for the handling of these activities; fourth, the character of its plant; fifth, a compilation of, or reference to, the laws and regulations governing its operations; sixth, financial statements showing its appropriations, expenditures and other data for a period of years; and finally, a full bibliography of the sources of
JNo. 21. The Children’s Bureau is in press.
information, official and private, bearing on the service and its operations.
It is fortunate that these monographs are not wholly descriptive in character as one might presume from reading the introduction. While no effort is made to criticize the administration and organization, or to recommend major changes, the more significant volumes in the series contain occasional suggestive critical comments. But in the main they represent an orderly fact statement of the development and present organization and activities of the various services of the government.
There is no need of saying that the standard of scholarship maintained in these studies is of a high character and that the style of publication makes them both attractive and useful. It is surprising that with the exception of a map of Alaska in No. 4 and of the United States showing national parks in No. 11, the entire series contains neither map, chart, diagram nor graph.
In the foreword the staff of the Institute expresses the hope that these monographs will “automatically reveal, for example, the extent to which work in the same field is being performed by different services and thus furnish the information that is essential to a consideration of the great question of the better distribution and coordination of activities among the several departments, establishments and bureaus, and the elimination of duplications of plant, organization and work.” One is inclined to feel, however, that this is not one of the services which the monographs are destined to fulfill. Is it not too much to expect that anyone, except the trained student of Federal administration who sets himself to the task, will be able to draw material even from such available sources as the Service Monographs and to construct from them valid conclusions for the improvement of administration? Such a process is hardly automatic. In view of this fact does it not seem that the preparation and publication of this series of studies lays upon the Institute in a peculiar way the responsibility for bringing together on the basis of this material a critical and constructive program? That such a study is within the scope of the work of the Institute has already been amply attested by such books as Dr. W. F. Willoughby’s, “The Reorganization of the Administrative Branch of the National Government,” and by other publications of the Institute.
Buried away in the standardized appendix is the intimation that the Institute plans to make


1923]
ITEMS ON MUNICIPAL ENGINEERING
731
on the basis of the monographs certain cross-section studies tracing through all of the government services a single question such as technical facilities. Synthetic studies of this character will probably prove more valuable and suggestive for most of us than the Service Monographs themselves.
The monographs together with such supplements as may be issued in the future to bring
them up to date are destined to become the most authoritative and complete discussion of the work of the various Federal services. As such they will be of particular value to administrators and students of administration. For this the cause of orderly and scientific reform owes to the Institute for Government Research and its backers a real debt of gratitude.
Lctheb Gcuok.
ITEMS ON MUNICIPAL ENGINEERING
EDITED BY WILLIAM A. BASSETT
Restricting the Operation of Motor Trucks on City Pavements.—The need for restricting the operation of motor trucks over city streets is more and more receiving the attention of city officials. At present the operation of trucks on certain streets is restricted by ordinance in Columbus, Rochester, Cleveland, Buffalo, Indianapolis, Grand Rapids and New Orleans, while other cities are considering similar restrictions. According to the Toledo City Journal, present restrictions are based mainly on two factors—traffic conditions and a desire to keep trucks from residence streets. When the traffic congestion is the reason, trucks are barred from business streets unless a delivery is to be made. In some cities, they are forbidden parkways, boulevards and residence streets, ostensibly because ot their noisy operation. Although traffic conditions apparently have been the principal consideration in the enactment of these ordinances there is another reason for prohibiting the operation of trucks over certain city streets which is of equal if not greater importance. This is to prevent the destruction of pavements not designed to carry heavily loaded trucks. It is a matter of common complaint that trucks have done more to shorten the life of pavements than any other destroying force.
The only solution of this seems to be to designate certain streets as arterial highways, pave them with materials which will withstand truck travel and require trucks to operate only on these thoroughfares except when deliveries have to be made. The rapid development of motor transport between relatively distant cities as a means of carrying freight and the permissible loading of trucks have produced conditions which
perhaps can alone be met by some such plan as the latter. However, if trucks are to he restricted to certain city streets it will be necessary to enforce rigid requirements governing parking of vehicles along those streets. Otherwise intolerable congestion of traffic is liable to result. Furthermore, the financing of improvement work on streets devoted to truck traffic constitutes a special problem. The need for local regulation of the motor truck apparently has added one more complication to the vexatious problem of traffic control. The economic importance alone of this matter demands energetic action on the part of city officials directed towards effecting an adequate solution of the problem.
*
Simplification of Specifications for Asphaltic Materials.—Simplified practice in the grading of asphaltic materials which will reduce from eighty-eight to nine the grades suitable for the construction of asphaltic pavement surfaces and from fourteen to four the grades of materials used as joint filler in the construction of brick and block pavements will become effective after January 1, 1924. This reduction in the number of grades of these materials has been brought about as the result of nation-wide co-operative action on the part of engineers, contractors and producers, following a study of the problem which was initiated by Secretary Hoover of the United States department of commerce. The multiplicity and non-uniformity of specifications for asphaltic materials has long been a source of confusion both to engineers engaged in highway and street work and other government officials. These factors undoubtedly have contributed in many cases to the use of unsuitable materials to


732
NATIONAL MUNICIPAL REVIEW
[December
meet certain conditions which almost always result in unnecessary expense to the community concerned. All in all the diversity in grades has been the cause of considerable waste and the purpose of the study made was to eliminate this waste.
A complete report of the conference at which the reduction in the number of asphalt varieties was adopted is in process of printing and will be published about December 1 by the department of commerce as one of its series on “Elimination of Waste in Industry.” It will be entitled “Simplified Practice Recommendation No. 4— Asphalt,” and can be obtained from the superintendent of documents, Government Printing Office at Washington. The essential result of the conference was to define and limit the penetration requirements of asphaltic materials for street surfacing and use as a filler.
The following table gives the penetration limits as adopted:
Fob Construction op Sheet Asphalt, Asphaltic Concrete, and Asphalt Macadam Pavements, and also for Surface Treatment
Penetration Limits 25-30 50-60 100-120
30—40 60-70 120-150
40-50 85-100 150-200
The nine ranges given are designed to meet the varying conditions, climatic and otherwise met with in street work.
Fob Joint Filler fob Various Types of Construction
Penetration Limits 30-50 60-70
50-60 85-100 .
The first is used primarily for brick pavements, and does not require the admixture of sand, whereas the latter three, which are identical with three of the grades adopted for asphalt pavement construction, are those which would ordinarily be used in admixture with sand to produce an asphalt grout.
In adopting these limits, it is understood that the producer will furnish asphalts with penetration equal to the mid-point in each range, a plus and minus tolerance from that mid-point being acceptable to all parties, but in no case shall the deviation exceed the limits of the grade specified.
These standards were unanimously adopted at a general conference held at the department of commerce on May 28, 1923, and have been officially accepted as the standard of practice by the highway engineers of thirty states, the American Society for Testing Materials, the Society for Municipal Improvements, the American Society of Civil Engineers, the United States bureau of public roads, the Asphalt Association, and five manufacturers not members of the Asphalt Association.
The universal adoption of the above standards should result in substantial economies in both the production of asphalt materials and the use of these materials on construction work. Their general use in the preparation of pavement specifications is to be recommended.
*
Restrictive Provisions in State Constitution an Obstacle to Securing Adequate Municipal Water Supplies in New Jersey.—The inadequacy of present developed water supplies in northern New Jersey to meet the increasing needs of communities located in that section of the state has been realized for a long time by officials and engineers both in government and private service. During the past year the water shortage became so acute as to cause serious alarm and the present situation is one demanding prompt action to secure additional supply in order to protect both life and property in the communities concerned. The matter of developing new sources of supply has been studied by local and state officials. The State Conservation and Development Commission obtained from Allen Hazen, the prominent engineer, a comprehensive report which showed that an ample supply to meet present and future needs could be obtained for those communities by developing any one of several water-storage possibilities. Mr. Hazen also recommended that a commission be established for the purpose of developing a supply for wholesale distribution and also as a means of co-ordinating the interests of the municipal and private companies furnishing the present supply. No definite action has followed the report of Mr. Hazen and there has been much criticism of public officials for their apparent neglect in meeting the needs of the situation. That this is not the only reason for failure to act is suggested by another eminent engineer, Mr. Clemens Herschel, in a letter addressed to the Engineering News-Record which appeared in the issue of July 26,


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ITEMS ON MUNICIPAL ENGINEERING
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1923. Mr. Hcrschcl's comments on the present situation in New Jersey are substantially as follows:
More than SO years ago, some cities and towns adjacent to Boston were situated, as regards their public water supplies, very much as are now situated the municipalities encircling Newark and Jersey City. For this district in Massachusetts there was created by legislative action a Metropolitan Water Commission of three members appointed by the governor. This board took over the water-supply works of Boston and acquired other water-supply property. It borrowed large sums of money, issuing bonds on the credit of the state as security. »It built works ample for the purposes of supplying water to the Metropolitan District. It paid the interest on the money borrowed, and paid off the principal from the money received for the water furnished in wholesale lots, and at wholesale prices, delivered to the several municipalities to he supplied, Boston included. The commission, since merged with like district commissions for main sewerage and for parks, is still at work. Nothing is simpler in general outline; nothing more effective, or economical. Each municipality attends to the details arising within its own borders, the commission selling water in wholesale quantities, delivered to each municipality, and furnishing the main channels by means of which it is again removed in a sanitary manner.
Why cannot precisely the same plan of operation be engrafted on the life of the municipalities of northern New Jersey? Why has it not long ago been done? Why is there a continuance from year to year of a dearth of ample sanitary public works in northern New Jersey, conceived, constructed, operated and paid for, in a sane manner? The answer may be found in a portion of Article IV of the New Jersey constitution, which reads: “The credit of the state shall not be directly or indirectly loaned in any case.” Therefore, instead of having commissioners with powers of initiative to construct and operate for them ample works of public, sanitary necessity, the inhabitants of northern New Jersey are put to it to get such works at all. As population increases, each little municipality becomes unable to properly care for these needs. The works then, and thereafter, needed, must be planned with a vision that extends far into the future, and far beyond the boundaries of any and of all these municipalities, and mayhap into other states than their own. Such planning must continue indefinitely, and the commissioners must have full powers of initiative and of condemnation.
Of what need any “Jerseyman” be afraid should a proposition be presented amending Article IV to read: “Except for the construction, maintenance and operation of works of water supply and main drainage, to be owned by and operated for the sole benefit of the people, the credit of the state shall not be directly or indirectly loaned.”
The existing prohibition was intended, so it is
said, to prevent the legislature from extending state aid to works of private enterprise, conducted for private gain, as in the wild days of the Camden & Amboy and other railroad ventures. It should no longer stand in the way of the creation of sanitary works needed for the public good.
How many states of the Union have such a clause, as this of New Jersey, in their constitutions, it would require some study to determine. It is plain that no state should throttle the construction of needed sanitary public works in this manner. All states may, instead, well follow, in their metropolitan districts, the example of Massachusetts, since public sanitary works, comprehensive as to political subdivisions served and as to time of construction, must needs be built in the manner described or they will not be built at all.
New Jersey should no longer be prevented by an antiquated clause in the constitution, designed for a wholly different purpose, from adopting the sole rational method for the procuring by the people of what the people must have to live.
*
Buffalo’s Garbage Disposal Predicament—
How far even our larger cities are from handling garbage disposal in a proper engineering manner is strikingly illustrated by the way Buffalo has dilly-dallied with its local garbage disposal problem for several years past and the predicament in which it now finds itself in consequence. In but one detail* did the city authorities act effectively; they do have to their credit the calling in of a competent sanitary engineer for advice on garbage disposal bids, but they delayed doing this until after bids had been received on such very open specifications that the engineer was compelled to spend much time and go into extensive calculations in order to reduce the bids to a comparative basis.
Although this engineer’s report had been before the commission council at Buffalo for months past, and endorsed by the city street commissioner and by the council commissioner in whose department garbage disposal falls, the commission has not acted upon these recommendations. Meanwhile, as has been perfectly apparent for a considerable time past might happen, the city has been ordered by the court to shut down its garbage piggery on allegations that it is a nuisance. This order was to become effective September IS, but the city authorities have secured a hearing for September 26, on an application for a modification of the order, and in addition have taken steps to carry the order to a higher court. It is to be expected that the complainants against the piggery will press for shutting it down and that, if the court grants the city


NATIONAL MUNICIPAL REVIEW
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relief, it will be only because of sympathy for the city in its predicament and because if the plant were closed nuisance might be caused to a far larger number of Buffalo people than would be caused to the relatively few people near the piggery if it were kept in operation.
The Buffalo example is so flagrant a one of failure by a city to see that garbage disposal must be handled as an engineering problem if grave complications and possible large and unnecessary expense are to be avoided, that we present to our readers a condensation of the very exceptional report on the Buffalo bids prepared by H. P. Eddy. The specifications on which bids were asked were so vague and so lacking in the many requirements necessary to make the bids comparable that revised estimates of cost for a 200-ton plant were far in excess of the proposals; in one case nearly four times as large. Additional calculations were required before Mr. Eddy could reach conclusions as to which method of disposal, among those offered, seemed most desirable. Before reaching this point, Mr. Eddy found it advisable to eliminate entirely all of the bids for garbage disposal by incineration. He also found it necessary to double the city specification allowances for the size of a plant for treating uneaten garbage and hog manure in case a piggery was decided upon.
In passing it may be noted that what will perhaps be to most engineers a matter of great surprise is that after careful consideration Mr. Eddy concluded that in case feeding to hogs were to be adopted, it would be wise to provide a disposal plant for the residue one half of the daily capacity of the total estimated amount of garbage collected.
The most valuable of all the advice Mr. Eddy has given to Buffalo in this matter, if only the city will heed it—and it is advice that every other city in the country confronted with garbage disposal problems should take to heart—is that the city should decide on some one scheme of disposal, have complete designs made, and then obtain bids for the construction of a plant of that type and size and none other. This is directly opposite to the general practice of American cities. City authorities generally do not put the matter of garbage disposal in the hands of their own engineering force or of competent consulting engineers, have a plan de-
signed and specifications drawn and then ask for bids, all on such a basis of site, size of plant, contract guarantees, test requirements and total annual charges, as will make it possible to compare the bids received understandingly.
Few, if any, cities—and none we hope as large as Buffalo—would think for a minute of asking bids for a pumping station or a filtration plant, to name only two kinds of engineering work, on such vague specifications as those on which the Buffalo garbage disposal bids were based. How indefinite these specifications were may be seen in part from ou$ abstract of Mr. Eddy’s report. Had the council-commission of Buffalo attempted to award the contract on the basis of comparative bids received—and many another city has done just this sort of thing—it would almost certainly have been sadly disappointed in the results that it would have obtained when it came to count up the actual cost of installing the plant and the total annual charges.
Finally, we regret to have to say that some cities which confine their request for bids to one general type of means of garbage disposal improve upon the Buffalo specifications in degree only; that is, although they may eliminate utterly different methods of doing the same sort of work, they provide neither adequate detailed specifications or contract guarantee and acceptance tests that will indicate with any certainty what the plant will really accomplish in daily operation.
It is high time that our cities make some change in their methods of treating garbage disposal. It is to be hoped that after its present experience, Buffalo before again advertising for bids will follow Mr. Eddy’s advice as to definite plans and specifications for one type of plant. Judging from reports of commission-council proceedings since Mr. Eddy’s report was submitted, the commission-council has not yet seen this matter in its full and true light.
[Note.—The above comment appeared in the editorial columns of the Engineering Newa-Record of September 20, 1923. Its discussion of the Buffalo situation and its analysis of the prevailing weaknesses of municipalities in dealing with the matter of garbage disposal are so timely and sound that the editorial in question is published in full for the readers of the Review.]


ITEMS OF CIVIC INTEREST
EDITED BY HARLEAN JAMES Secretary, American Civic Association
State and City.—A recent inquiry sent to various states in the Union to ascertain whether any state had appropriated money for the plan of its capital city brought returns from California, Colorado, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, Texas, Wisconsin and Wyoming. Of these eighteen states none had appropriated money for direct participation in the plan of the capital city. In California in 1915 an act was adopted by the legislature providing for a state planning commission, but no appropriation was ever made to such a commission though the commission made two reports, one in 1916 and one in 1918. In 1921 the commission was abolished and its powers and duties were transferred to the state department of finance. In Colorado there is a tax levy for meeting the expenses of public improvements surrounding the capital grounds which are a part of the group of civic center buildings. In Kansas there was for years an effort made at each meeting of the legislature to collect a part of the cost of paving the streets surrounding the capital, but the legislature never allowed the bill. The state, however, did install a white-way system of ornamental lamp-posts around the state house, conforming with the lighting system of Topeka in consideration of the city furnishing necessary current for these lamps forever. In Michigan there has been a measure of co-operation between the city and state in the improvement of streets adjoining state property. In Minnesota the state war memorial commission has co-operated with the city planning board, but in the last legislature an effort to provide for state and city co-operation in the plan of a capital approach failed, presumably because of late introduction.
In Pennsylvania the group of state buildings might appropriately be called a “State Civic Center,” and an effort has been made further for the state and city to co-operate in the construction of a memorial bridge from the capital grounds to the Hill section of Harrisburg; but this plan has been delayed because of insufficient
funds voted by the state legislature. In Rhode Island an effort was made back in 1917 to pass a law which would harmonize the city plan of Providence in connection with the state capital, the expense to be shared by the state and city. The report of the comission and its findings was rejected by the legislature. In Wisconsin about ten years ago there was a bill pending in the legislature whereby the state would purchase the ground from Capital Park down to Lake Monona, four blocks, to be used for park purposes and a kind of civic center. It was the plan to put an office building for the state on this property and possibly a city hall. The bill did not pass.
So far, therefore, efforts to bring about state and city co-operation for a comprehensive city plan of the capital city of the state have been limited in scope and sporadic in their nature.
*
National Parks Committee.—There are now about thirty organizations of national scope represented on the National Parks Committee. At a recent meeting in New York the committee authorized the printing of a second and revised edition of “A Policy for National and State Parks, Forests and Game Refuges.” It is not surprising that with the rapid growth of these various areas of land the general public has received an impression that all are beneficial without stopping to define the purposes and uses of each. But wherever public lands or public funds are employed for the benefit of the people it is necessary to define carefully the conditions under which it is proper to appropriate land and money for different purposes. There is no field in which good intentions may so easily carry real danger to the parks, forests or refuges which the promoters desire to extend and protect. As soon as they are available, copies of this useful pocket edition will be sent on request. Dr. George Bird Grinnell is chairman, J. Horace McFarland and Robert Sterling Yard are vice-chairmen, ■ Barrington Moore is secretary and John B. Burnham treasurer of the National Parks Committee.
735


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Game Refuges in Texas.—Attention is called to the excellent editorial in the November Review of Reviews concerning the danger to two game refuges in Texas for migratory birds which would be incurred if plans are matured to establish a shooting club in the vicinity of the refuges.
*
Appalachian Trail.—The Commissioners of the Palisades Interstate Park and the New York-New Jersey Trail Conference invited their friends in adjoining states to attend a conference on the Appalachian Trail, which was held at Bear Mountain Inn, October 26-28. Mr. Benton MacKaye first proposed the building of the Appalachian Trail some three years ago. The trail project has been enthusiastically supported by various outdoor groups. Volunteer workers have scouted, cleared and marked many miles of trails both in New England and in the Palisades Interstate Park and adjoining regions. The evenings were spent in indoor meetings before the famously hospitable fireplace, guarded by its little iron bears and the days in scouting over the trails through the Palisades Park.
There is something very appealing in the idea of this trail to reach from the north to the south peaks of the Appalachian system. It is not a grandiose scheme for which money is being collected. The trail is being made by those who will delight in using it after the through-connections are made. It is a labor of love, and all the more valuable for that. In cutting the four-foot swathe, all trees of major importance are preserved; the trail is made to bend to that end. This adds a charm which no straight pathway through the woods could command. The trail will be quite as useful for those who love horseback riding as for those who walk.
*
A Ten-Thousand-Mile Motor Trip from the
Atlantic to the Pacific leaves one outstanding impression beyond the great variety of marvelous scenery, and that is the pride which is manifested in the vast number of homes, both rural and urban. The "hill homes” of Berkeley, Piedmont, Oakland and San Francisco, display a variety, a picturesqueness, a cheerfulness and a love of the “vine and fig tree” hardly equalled in any other part of the country, and would certainly qualify as prize winners in the “moderate-income” class of American homes. The news
that some forty blocks—a good square mile—of the most comfortable homes of Berkeley have burned to white ashes, destroying houses, possessions, trees and shrubbery, brings a sad regret that this neighborhood of homes produced with such loving care should have become a desert waste. The same spirit which created the neighborhood in the beginning will re-create it; hut years will be needed to give it the mellow charm which the university town had cast over the area adjoining the campus.
*
Printed Matter available at the offices of the American Civic Association includes;
How to Own Your Home, a handbook for prospective home owners, prepared by John M. Gries and James S. Taylor and issued by the Department of Commerce, with a foreword by Herbert Hoover. Limited number for free distribution. Price at Government Printing Office, 5 cents.
Report on Recommended Minimum Standards for Small Dwelling Construction, prepared by Advisory Committee on Building Codes, Division of Building and Housing Department of Commerce. Price, 15 cents.
New edition Standard State Zoning Enabling Act, Division of Building and Housing, Department of Commerce. Free.
Zoning for Iowa Cities and Towns, published by the Iowa State College of Agriculture and Mechanic Arts. Free.
Tourist Camps, published by the Iowa State College of Agriculture and Mechanic Arts. Free.
Rural Planning—The Social Aspects, published by the U. S. Department of Agriculture. Free.
Plea for a City Plan, prepared by the American Civic Association for use in Galveston, Texas.
The National Forests of the Southern Appalachians—What They Mean to the East and South, issued by the Eastern District Forester, Washington, D. C. Illustrated. May be secured from the Government Printing Office at 15 cents.
Attention is also called to the exceedingly useful “Manual of Information on City Planning and Zoning including references on regional, rural, and national planning,” by Theodore Kimball, issued by the Harvard University Press.


POLITICS AND ADMINISTRATION
Chicago to Sell City Documents.—Under an ordinance recently passed by the city council of Chicago, city documents and publications of the Municipal Reference Library will be put on sale at a price to cover cost of paper handling and printing. City and county officials, libraries within the state of Illinois, newspapers and civic organizations in Chicago may receive publications free. Sales will be in charge of Municipal Reference Library, Frederick Rex, librarian. This is the first ordinance of this character to be passed by any American city.
*
How Much Did the Ku Klux Klan Figure in the Portland Charter Election?—A responsible correspondent writes us the newspapers broadcasted false statements when they claimed the Ku Klux Klan secured the adoption of the city manager charter in Portland, Maine, September 10.
The Klan simply injected itself into the situation a few days before election, held a mass meeting in the city hall and informed the public it was “for the new form of government,” and desired to help bring it about. The Committee of One Hundred having charge of the charter campaign repudiated this action on the part of the Klan and declined its offer to help.
The success of the charter campaign was due to the continued effort of the Committee of One Hundred and the enterprising citizens of Portland who for two years have been conducting a campaign along educational lines. The Portland Press Herald gave magnificent help through its editorial columns.
At no time was there any question of race or religion. The citizens working for the new charter were purely interested in securing greater economy through business m 'thods in city administration. The campaign was conducted along absolutely non-partisan lines. The only negative forces were the stand pat politicians of both parties who were reluctant to have the control of the city pass out of their hands.
*
First Report on Cleveland Election.—At the
time of going to press the count of the ballots cast at the Cleveland P. R. election had just been completed. The official count of first choices
began on Thursday, November 8 and in two districts were completed by Friday and in the other two by Saturday night. The total number of valid ballots cast was 114,613. This was a shrinkage of 13 per cent from the registration. Large shrinkages occurred in other Ohio cities, that of Cincinnati being 17 per cent.
The largest vote was received by Peter Witt, who chose to run in the first district, though he lives in the first. He entered political life as a worker for Tom L. Johnson, has been a candidate for mayor, and has a unique and energetic personality which at once assures that the sessions of the new council will attract attention. Clayton C. Townes, Republican, president of the present city council, was elected in the first district on the twenty-third transfer. The quota in this district was 4,110 and six were elected; one independent, five Republicans and a Democrat.
In the second district the quota was 3,104 and five seats to be filled. No one was elected with a full quota of first choices. Two Republicans, two Democrats and an independent were elected.
The third district representing central Cleveland gave Herman Finkle, the floor leader for the Republicans in the present council, a huge surplus of first-choice votes which, by transfer, elected Steve Fleming, a negro, in the present council. Maurice Maschke, the Republican boss, had taken special pains in this district and had spoken for James McGinty, a Democrat. But he had to see the election of Miss Marie Wing, who is the secretary of the Consumer’s League and who was general secretary of the Y. W. C. A. for fifteen years.
In the fourth district, which is the eastern part of the city, the largest number of first-choice votes was obtained by John Sulzmann, the dean of the present council. A. R. Hatton came next with about four hundred votes over the quota of 4,201. His campaign was a very inexpensive one, costing about $50; the bulk of this went to a college student for getting signatures to his nomination petition. Mrs. Helen H. Green, county president of the W. C. T. U., was one of the other five elected.
Maurice Maschke, Republican leader, claims a majority of three for his party in the council, but
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it is by including several whose independence in local affairs is a large part of their political faith. He said, “I believe the city of Cleveland has elected the best city council in twenty years. By best, I mean best equipped. Best equipped in every way.” Carl D. Friebolin, president of the Citizens’ League, used almost the same words in a newspaper interview, saying that it was the best city council in the last fifteen or twenty years.
The count was completed in approximately forty-six working hours. Invalid ballots amounted to 7.6 per cent of the total cast. Though a much heavier vote was cast two years ago, 20,000 more voters helped elect candidates at this than at that election. Disregarding the many who voted for winners but whose ballots were not needed to elect any of them, the number who actually shared in the election of coun-cilmen was 85,689, or 74.8 per cent of those who cast valid ballots.
W. T. M.
*
Results of Ohio Referendum on Important Measures.—It appears as though it will be “over the hills to the poor house” for a number of Ohio cities after 1928, as a result of the defeat of the Taft law in the recent referendum election, unless the state legislature provides Ohio municipalities with more operating revenues next year.
In 1924, certain rates for operating purposes between the 10 and 15 mills now utilized by a number of Ohio cities will lapse. These operating rates will go back inside the 10-mill limitations prescribed by the Smith one per cent law. In view of the large sinking fund requirements which have to be paid, operating levies inside the 10 mills will certainly be decreased unless the legislature grants some relief.
The city solicitors of the state are considering making an appeal for a special session of the legislature to grant the cities more operating revenues. The Taft law, which raised the limit from 15 to 17 mills for municipalities, would have afforded this relief.
This referendum measure was decisively beaten by a vote of 360,132 Yes, to 699,156 No. At the time the Ohio Real Estate Board decided to oppose the Taft law on the grounds that land was bearing too great a burden of taxation and declared that a classification tax law should be enacted, it pledged itself to support a movement for immediate revision of the Ohio tax law to afford relief to municipalities as contemplated
under the Taft law. Not only the rural districts which had been expected to vote against this law, but many of the larger cities disapproved this tax measure.
The workmen’s compensation amendment to the state constitution was carried by 581,907 Yes, to 514,120 No. Both labor and employers’ organizations united to promote the passage of this bill, which in substance will entitle employees to state compensation in case of disability even though it results from negligence on the part of the employer. Heretofore such cases have been carried to the state courts with resulting high litigation costs to the disabled employees as well as to the employer.
Although there is considerable sentiment favoring the theory of old-age pensions, the provisions in the old-age referendum, submitted in November, were distasteful to the voters as evidenced in the result—Yes, 887,927; No, 755,179.
In the Toledo mayoralty campaign, Mayor Bernard F. Brough, present incumbent, running on a “business administration platform,” decisively defeated Edward Cullen, present vice-mayor, who was supported by the so-called labor congress. The vote was 40,454 for Brough and 29,896 for Cullen. Solon T. Klotz, Socialist, received only 2,954 votes. The total number of votes for mayor was 73,204 against a total registration of 80,724, out of about 140,000 eligible voters in Toledo. Mayor Brough carried with him a friendly council and vice-mayor.
C. A. Crosszb.
♦
Philadelphia Voters Authorize $71,000,000 Loan.—On November 6 the voters of Philadelphia approved, two ordinances authorizing the creation of loans by the city totalling $71,000,-000. One of the ordinances was for loans not exceeding $3,750,000, payable within 15 years; the other authorized the creation of loans not exceeding $67,250,000, payable within 50 years. According to unofficial reports, the 15-year proposition was carried by a vote of 214,359 to 24,881, while the 50-year one was approved by a vote of 199,900 to 22,899.
The $3,750,000 authorized to be borrowed for 15 years is earmarked for six purposes, while the $67,250,000 authorized for 50 years covers 22 purposes. Of the $71,000,000, $25,750,000 is for transit purposes, including surface, subway, and elevated lines, and also equipment therefor; $9,000,000 is set aside for construction of a


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sewage disposal plant; $5,623,000 is to be used for the Delaware River Bridge, which is being financed jointly by the states of New Jersey and Pennsylvania and the city of Philadelphia; $6,000,000 is for the extension and improvement of the water supply of the city; $5,077,000 is to pay damages, including those already assessed, for opening, widening, and changing the grade of streets, construction of sewers, and condemnation of property; $2,500,000 is for land and buildings for the department of public health; $2,000,-000 is to be used for wharves, docks, bulkheads, and related work; $2,000,000 is set aside for constructing and equipping an annex to city hall; another $2,000,000 is to be used toward completing and equipping the city’s art museum; $2,000,-000 more is for resurfacing and repaving streets; and still another $2,000,000 is to be used for the construction of main sewers; $1,000,000 is for the construction of branch sewers; $1,000,000 is to be used toward erecting, improving, and equipping free library buildings; $960,000 is to reimburse the general fund for certain capital expenditures made, or authorized to be made, therefrom; $500,000 is for bridges; $500,000 for play and athletic grounds, golf courses, swimming pools, and bathhouses; another $500,000 is for land and buildings of the department of public welfare; $500,000 more is set aside for the grading of streets; still another $500,000 is to be used toward acquiring land, buildings, and equipment for the house of detention; and the remainder, or $1,590,000. is allotted to six other purposes.
In accordance with the provisions of the city charter, all of the purposes for which the $71,-000,000 is authorized to be borrowed were certified by the city controller to city council, prior to the passage of the loan ordinances, to be “capital expenditures and not current expenses.” The purposes provided for in the 50-year loan ordinance were certified by the city controller to be capital expenditures with an estimated life to the city of “at least fifty years,” whereas those included in the 15-year loan ordinance were certified by him as capital expenditures with an estimated life to the city of “at least fifteen years.”
Other than requiring that “all money borrowed and all debts otherwise incurred ... for repaving or improvements of a temporary kind shall be payable within the estimated or guaranteed life to the city of such repaving or such improvements as certified to the Council by the City Controller,” the city charter does not limit
the term of bonds to the probable life of the assets acquired through their issuance, but permits bonds to be issued for the full 50-year period which the constitution sets as the maximum for Philadelphia.
It is obvious that much of the property that will be acquired with the proceeds of the bonds approved by the voters will not have so long a life as the city controller has certified for it, but under the city charter the city controller’s certifications as to the nature and life of expenditures are final, and not subject to review. The city charter did not set as high standards of borrowing as, perhaps, it should, but it went a long way toward improving those standards. When the charter was enacted the city had the right to issue 50-year bonds for any municipal purpose whatever, and the city frequently had issued 30- and 50-year bonds for ordinary current expenses. Now it can do this only through erroneous certifications, whereas formerly it was very easy to do it.
*
The Kansas City Charter Situation.—For
several years, Kansas City has seemed to be on the verge of adopting a city manager charter. Every once in a while, the announcement goes out that a manager campaign is about to be started. However, Kansas City is still without a manager charter. Two years ago, a charter movement actually resulted in the election of a charter commission, but for numerous reasons, chief of which was probably lack of organization, the commission elected was an anti-manager commission. The charter submitted was a compromise, and failed of adoption.
Now it appears that another opportunity is at hand to select a commission which will write a manager charter for acceptance or rejection by the voters. The present movement developed out of a campaign for a new water-works system. Two years ago it was decided that a complete new water-supply system was immediately necessary. The voters, feeling that a program so large as contemplated should not be under the control of the present type of city organization, adopted a plan of a bi-partisan water commission, independent of the mayor and council, before they authorized the bonds for the new plant. A year ago, the supreme court decided that the amendment creating the bi-partisan water commission was unconstitutional.
As a result of this, the citizens’ committee which had conducted the campaign for the adop-


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tion of the amendments met to determine further steps. Among the points decided by the su-• preme court in the decision was that Kansas City cannot amend its charter by the initiative. The present constitutional provision relating to home rule charters permits of amendment by the initiative, but the court held that Kansas City’s present charter was adopted under a previous constitutional provision which did not provide for amendment in that way. Therefore, Kansas City cannot now amend its charter, except by amendments submitted by the council. This water committee, therefore, decided that a new charter was necessary, and it reorganized as the Citizens’ Water and Charter Committee. Two hundred civic, business, and labor organizations were invited to send representatives to a meeting to enlarge the committee. A considerable number responded and formed the new organization. Out of this, a committee of forty was selected to carry on further activities. This committee of forty, in turn, selected a sub-committee of seven to recommend the form of charter to be proposed by the general committee of forty.
This sub-committee, after considerable discussion and investigation, recommended a platform consisting of several points, the chief of which were a city manager charter, some form of nonpartisan election, and a small, single-house council, at least part of the members to be elected by districts.
This report met with some objection in the committee of forty, but was finally adopted at a meeting on November 5. An executive committee of nine has been authorized to conduct the campaign, secure signatures to petitions, employ whatever assistance may be necessary, and do all things to secure the election and favorable vote on the candidates pledged to this platform.
In order to put the question of whether a commission should be elected to frame a new charter on the ballot at a special constitutional election being held February 26, a petition signed by approximately 23,000 registered voters must be filed before the first of the year. If these signatures are successfully secured, and the election is called, then 30 days before the election the committee will file the names of the 13 candidates whom it proposes as members of the commission. These candidates will be pledged to the city manager platform adopted by the committee. Other groups may select other candidates, and the 13 receiving the highest votes will be elected, if the question of writing a new charter is de-
cided affirmatively. The commission then has a year in which to write the charter and submit it to the people for ratification.
It thus appears that if the committee works hard, and if it secures a sufficient number of signatures, there will be an election on the charter question. Also, if it can convince the people that a manager charter is best, a manager commission will be elected and a manager charter written. The indications are that it will be successful, since there is now, and has been for several years, an extremely strong manager sentiment.
Walter Matscheck.
*
Results of the New York Referendum.—
Five constitutional amendments and a bond issue proposition were voted on by the people of New York state at the election in November. In addition, there was an important local referendum in New York city and another in Buffalo. The results show that the electorate exercised an extraordinary amount of discrimination, and certainly demonstrated that each proposition was considered independently of the others. Moreover, a rather astonishing number of people voted on the referendum questions compared to the number who voted on candidates.
The election was in an off year, only the members of the assembly and local judges being up for election. One state-wide judicial office was filled, but no interest was aroused because both of the leading parties agreed on one candidate. Attention was, therefore,'to an exceptional extent, fixed on the referendum. It may be added that it is fortunate that constitutional amendments in New York are almost always submitted to the people in an off year.
The first constitutional amendment on the list permitted the issuing of bond up to forty-five million dollars for a soldier’s bonus. This amendment was carried by a substantial majority in practically all the counties of the state. There was an overwhelming vote in its favor in New York city. The home rule amendment granting powers of self-government to cities, which has been before the state for at least ten years, was adopted by a substantial majority, not only in the cities, but in most counties as well.
The third amendment opening up the forest preserve for exploitation by water power and lumber interest, which was sneaked through in the very last week of the legislative session and which was bitterly opposed by conservationists,


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was overwhelmed in practically every county of the state. Final figures are not available, but indicate the defeat of this amendment by a vote of between two and three to one. The majority against the amendment up state and in the rural sections was apparently even greater than the majority against the amendment in New York city. The results of this vote will have a tremendous influence, not only on the future of the state forest preserve, but also on the whole water-power question.
The fourth amendment involving the change in the taxation section of the constitution was aimed to clear the way for the adoption of a single state tax on income of public utilities. This amendment was badly worded, carried no implication of its purpose on its face, and should not have been submitted to the electorate in this form. While the vote was close, it now seems that this amendment was defeated by a small majority.
The last of the amendments permitted inmates of soldiers’ homes to vote in the communities in which they had resided. There was little discussion of this amendment and it was apparently carried by a substantial majority, largely as a matter of sentiment.
The proposition for a fifty-million-dollar bond issue for state institutions was overwhelmingly carried partly as a result of a very comprehensive educational campaign in its behalf. Considering the natural aversion of the rural districts to spending state money, the affirmative vote for this proposition was very unusual, and shows that there is little fundamental difference in point of view between rural and urban communities on an important social question if this question is carefully and impartially explained.
In addition, New York city voted for an increased minimum salary for policemen and firemen by a tremendous majority and Buffalo, by a similar vote, approved a bond issue of one million dollars for a new building for the Institute of Arts and Sciences.
Some cynical observers have suggested that the people of the state are perfectly willing to vote any amount of money in the form of bond issues because the average voter does not know that bond issues have any direct effect on taxes. As a matter of fact, it is not easy to show that the relatively small state bond issues do affect the average taxpayer to any considerable extent, especially in a state in which the so-called direct tax on real property for state purposes is only
used when other revenues are insufficient and bears little relation to the total amount of the annual budget.
Judging by the results of the last election, New York must be ranked among the progressive states in the successful use of the referendum device.
Robert Moses.
*
Municipal Reporting.—Municipal reporting, its present status and its possibilities, was the subject of a seminar conducted by Professor C. E. Merriam at the University of Chicago last spring. The result of the work of that group is presented in the hope that it may act as a starting point for further investigations in the same direction.
A survey and appraisal of the reports of eight typical cities led to the conclusion that in those fields where the spoilsman remains firmly entrenched, such as elections, the judiciary and police, reports are either entirely lacking or are very inadequate; that the reports lack organization and in many cases are not indexed; that comparisons are not made with previous years or with other cities; that constructive suggestions are totally lacking; and that facts are not presented sufficiently simply and graphically to appeal to the ordinary reader. In brief, the municipal report of to-day is merely a record of current events, and usually a very incomplete and uninteresting one.
The more interesting side of the work lay in suggesting the lines along which municipal reporting might be developed. An analysis of the possible functions a municipal report might serve led to the conclusion that its most useful function would be as a measure of government efficiency. If popular government is to succeed, the voter must be able to measure the service his city is rendering him and to compare it with the service of yesterday, or with the service rendered by other cities. Such comparisons are impossible until the things to be compared have been reduced to a common denominator: in other words, until we have a yardstick or standard of measurement. The financial report was taken to illustrate how such standards might be developed. At the present time tax rates and per capita expenditures are our nearest approach to standards of measurement in this field. But a tax rate means nothing because of the wide variation in bases of property valuation, and per capita expenditures make no allowance for differences


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is prices and wealth from time to time and from city to city. More scientific standards of measurement might be devised by taking into consideration units costs, the purchasing power of the dollar, and community income. Tons and Bquare yards are the same the world over, and it was suggested that the unit costs of street paving, coal, etc., when properly weighted to take care of temporal and geographical fluctuations in price, might serve as the basis for comparison with costs in private business or in other cities. In the same way the general trend of the burden of government might be shown by the relation which the total expenditures over a period of years, weighted in accordance with the changing value of the dollar, would bear to community income, also weighted accordingto the changing value of the dollar; and that the real burden of the public debt might be shown by the ratio between the amount of the debt and community income.
Units of measurement might be worked out in other fields of administration in the same way,1 and it is at least conceivable that at some time
> Progress baa already been made in thia direction in the fied of education. See Ayres: An Index Number /or Slate School Syeteme, and Judd: Survey of Education in Cleveland.
in the future we may be presented with an index number of government efficiency fully as useful as Professor Fisher’s index number of prices.
The development of the art of presenting material so that it will appeal to the average citizen was suggested as a field offering opportunities for infinite originality. Facts must be translated into the language of the average citizen and forced upon him so graphically and persistently that he cannot forget them. Some progress was made upon an outline of a “model” year book which would contain useful information in popular form, special emphasis being placed upon the use of charts and graphs. It was also suggested that municipal “reporting” should not be confined to the publication of annual reports and year books, but that the citizen should be constantly reminded of salient facts by means of posters, car cards, movies and the radio. The reverse side of tax receipts and vouchers, pay checks, etc., might also be used for publicity purposes.
Finally the point was made that reports of all kinds should be prepared by non-partisan experts who have no personal interest in warping facts to win elections.
Louise Ovxhackeb.


The
CONSTITUTIONALITY of PROPORTIONAL REPRESENTATION
By
WILLIAM ANDERSON
University of Minnesota
Supplement to the
NATIONAL MUNICIPAL REVIEW DECEMBER, 1923. Vol. XII, No. 12
PUBLISHED BY
NATIONAL MUNICIPAL LEAGUE 261 Broadway, New York


CONTENTS
Voting Systems............................................... 745
Limited Voting—The Constantine Case.......................... 746
Cumulative Voting............................................ 749
Preferential Voting.......................................... 751
The Hare System—The Kalamazoo Case........................... 753
The Sacramento Case.......................................... 755
Present Status of the Law.................................... 756
The Constitutional Rights of Voters.......................... 758
The Right to Vote “For All Officers”......................... 759
Elections by Pluralities..................................... 761
Conclusion................................................... 762


THE CONSTITUTIONALITY OF PROPORTIONAL REPRESENTATION
This paper will deal briefly with a fairly simple problem in the construction of state constitutions. We may rule out all questions of federal constitutional law, since there is nothing in the federal constitution or statutes which in any way prevents the states from providing for proportional representation in state and local elections. Indeed, the problem is further simplified by the fact that in the average constitution not more than two or three sections are directly involved. Chief among these provisions are those which, after stating the qualifications of voters, go on to say that voters so qualified may vote “in all elections” or “for all officers.” Other sections which may be involved are those which provide for election by ballot, those which specify whether a majority or a plurality shall be necessary for an election, and those which provide for municipal control of elections.
VOTING SYSTEMS
The ordinary system of voting by ballot in this country is one in which every voter, marking his ballot with X’s, is permitted to state one and only one choice among the candidates for each of the several offices which are elective within his district. If his district is one which elects three representatives in the state legislature, he may vote one choice for each of three candidates for these three separate positions, or he may vote for two or only one without spoiling his ballot. This may be called the nontransferable ballot system. Its purpose is plurality rule. True majority rule, which is a part of the popular theory of American
institutions, is not only not generally required by our constitutions and laws, but it is also attained, if attained at all, only by chance. Plurality rule is, of course, a type of minority rule. A party which has a bare plurality of votes in a bare majority of the districts or wards, may get control in a legislature or a city council, although it has the support of fewer voters than some other party throughout the state or city as a whole. In case of election at large with this system of voting, a plurality party may carry off every office.
Various alternative systems of voting have been proposed and a few have been put into practice in some cases.1 For example, there have been experiments with limited voting in the election of judges, police boards, excise boards, etc. This system, which is applicable only where a number of officers are to be elected from one district to identical offices, simply limits the voter to voting for one, or two, or some other number less than the whole number to be elected from the district. The purpose is to bring about minority representation, however inaccurately. Cumulative voting is in use in Illinois for electing the members of the lower house of the legislature, and has been attempted also in other places. Like limited voting, this system does not apply to the filling of a single office, but it differs from that system in that each voter is allowed as many votes as there are places to be filled but may bunch
1 For more extensive discussion of these systems, see J. R. Commons, Proportional Representation, 2d ed; J, H. Humphreys, Proportional Representation.


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them, or distribute them among the candidates, according to law, as he sees fit. The Bucklin or Grand Junction system of preferential voting may be used either for filling a single office or for electing from one district a number of members to one body. Whether applied to a single office such as that of mayor, or to such a body as a city council, its purpose is to bring about a true majority election. The single transferable vote system of balloting, commonly known as the Hare system, works best where a number of members are to be elected to some official body from the same district, but this system of voting and counting could also be used in filling a single office. It permits each voter to vote but one first choice, one second choice, one third choice, and so on to an unlimited number of alternative choices. In the final count, each ballot may count but once, and the election is determined by the attainment of a quota of votes of electors who unanimously agree upon the election of the candidate. The choice of X to the city council need not be by first choice votes alone, but may be brought about by the addition of some second, some third, and some additional choices, to his first choice votes. The purpose of this method of voting is to bring about proportional representation of all considerable groups of voters in such bodies as city councils, school boards, and state legislatures.
It is not only such social reforms as child labor laws and minimum wage laws which have had to submit to the test of constitutionality in this country. Political reforms, such as primary election laws, voting machine laws, the registration of voters, corrupt practices acts, the initiative, the referendum, and the recall, have all been subjected to the same judicial scrutiny. The decisions which have passed upon the
four newer forms of voting, briefly sketched above, are few in number, but highly important. They must all be considered here, since the courts have treated these methods of balloting as being similar to each other, and have applied to them substantially the same tests.
LIMITED VOTING—THE CONSTANTINE CASE The system known as “limited voting” was tried at different times during the last century in New York City, Boston, and other American cities,1 but there was no decision passing directly upon the question of constitutionality until 1884. By an act passed early in that year the Ohio legislature provided for police boards in certain cities to consist of the mayor and four commissioners, the latter to “be elected by the people,” with the proviso that “no elector shall at any election vote for more than two persons for such commissioners, and any ballot containing the names of more than two persons f or said office shall not be counted for any of the names thereon, and the four persons receiving the highest number of votes cast, shall be declared elected.” The purpose clearly was to give minority party representation upon the board, but the act was attacked in the courts for illegally limiting the rights of voters.1 The Ohio constitution of 1851, then in force, provided that each qualified elector “shall be entitled to vote at all elections.”
The supreme court held the act unconstitutional. It said that under the constitution
1 McBain, Proportional Representation in American Cities, P. S. Q., 37: 281-298, 284-5; A. S. Bard, Matter bearing on the constitutionality of proportional representation in New York, etc. (typewritten), issued by P. R. League, Nov. 21, 1922.
1 State ex rel. v. Constantine (1884), 42 Ohio St. 437, 51 Am. Rep. 833.


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we have no doubt that each elector is entitled to vote for each officer, whose election is submitted to the electors, as well as on each question that is submitted. This implication fairly arises from the language of the constitution itself, but is made absolutely certain when viewed in the light of circumstances existing at the time of its adoption, No such thing as “minority representation” or “cumulative voting” was known in the policy of this state at the time of the adoption of this constitution in 1851. The right of each elector to vote for a candidate for each office to be filled at an election had never been doubted. No effort was made by the framers of the constitution to modify this right, and we think it was intended to continue and guarantee such right by the provision that each elector “shall be entitled to vote at all elections.” Such right is denied by this statute which provides for the election of four members of the board of police commissioners, but denies to any elector the right to vote for more than two persons for such commissioners.
This decision is important because it is the first of a series directly affecting the constitutionality of the Hare system of voting. It asserts something to have been probably intended by the convention of 1851 without quoting a word from the debates of that body. As a matter of fact, in the year 1850 the Ohio supreme court had handed down a decision sustaining an act which authorized special negro school districts in which only negroes could vote although taxes could be levied upon the property of all.4 This decision almost directly answers the assertion that “each elector is entitled to vote for each officer, whose election is submitted to the electors” in the geographical district. It may be admitted, as is said in the Constantine case, that “No such thing as ‘minority representation’ or ‘cumulative voting’ was known in the policy of this state at the time of the adoption of this constitution in 1851.” That being the case, quite obviously that constitution could
4 State ex rel. Eastern and Western School Districts v. City of Cincinnati (I860), 19 Ohio 178.
neither authorize nor forbid the system of limited voting. It was simply a thing unknown, or practically unknown, at that time. To give this as a reason why there should never be any change in the system of voting by the legislature is tantamount to saying that things must remain as they are in practice, without regard to what the constitution requires them to be, until the constitution itself makes a change. The legislative power is thus reduced to almost nothing. The “dead hand” of the constitution is extended not only to all things which the framers knew about and forbade, but also to all things which they did not even know about!
In 1898 the judges of the Rhode Island supreme court were asked to give their opinion upon the constitutionality of a bill to provide for the election of the town council of the town of Cumberland upon a general ticket, with the proviso that “ one person only shall be voted for by any one elector,” and that “the five candidates receiving the highest number of votes shall be declared elected. ” The judges unanimously replied as follows:6
We are of opinion that such an act would not be constitutional. Section 1 of article 2 of the constitution confers upon the persons possessing the qualifications therein specified the right to vote in the election of all civil officers, and on all questions in all legal town or ward meetings, and section 1 of article 7 of the amendments to the constitution also confers upon all persons who shall be qualified in accordance with the provisions thereof the right to vote in the election of all civil officers, and on all questions in all legally organized town or ward meetings, ... It will be readily seen, therefore, that such an act as the one proposed would materially restrict the right to vote thus conferred upon electors, and hence would be clearly unconstitutional.
It will be observed that the Rhode Island constitutional provisions are
6 Opinion of the Judges (1898), 21 R. I. 479 41 Atl. 1009.


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distinctly different from those in Ohio, in that the former specifically say that the qualified elector may vote for “all civil officers and on all questions” in the respective voting districts. The New Jersey constitution has a similar provision, which declares that in his district every qualified voter “shall be entitled to vote for all officers that now are or hereafter may be elective by the people. ” When the same question came up in two New Jersey cases, therefore, the supreme court of that state held that a provision for limited voting for excise commissioners in cities was “plainly an infringement” of the voter’s constitutional right.* “The constitutional mandate,” the court said, “is clear and distinct. ” Some reliance was placed upon the Constantine case.
The only court which has taken a contrary view on the question of limited voting is that of Pennsylvania.5 * 7 The 1874 constitution of that state provides that qualified voters “shall be entitled to vote at all elections,” exactly as in the Ohio constitution of 1851. The Pennsylvania constitution of 1838 used substantially the same language. By an act passed in 1895 the legislature created a superior court, under the supreme court and of state wide jurisdiction, to consist of seven judges. The latter were to be elected by the people of the entire state, but “No elector may vote . . . for
more than six candidates upon one ballot for the said office.” This provision guaranteed a minimum of minority representation upon the bench. The act was assailed in the courts as an infringement upon the right of voters.
5 Me Anile v. Jersey City (1901), 66 N. J. L.
590, 49 Atl. 1013, 88 A. S. R. 496; State ex rel. Bowden v. Bedell (1902), 68 N. J. L. 451, 53 Atl. 198.
7 Commonwealth ex rel. McCormick v. Reeder
(1S95), 171 Pa. St. 505, 33 Atl. 67, 33 L. R. A. 141.
. . . The court stated the question as being this: whether the right to vote at all elections should be construed to “include an absolute right to vote for every candidate (sic) of a group of candidates for the same office?” To answer this question in the affirmative, said the court, would be equivalent to enlarging the scope of the words “vote at all elections” by adding thereto the words “also for every candidate of a group of candidates for the same office.” This the court refused to do. “The constitution does not say so and has never been interpreted to so mean. ” The court then reviewed the history of legislation upon this point, and pointed out that limited voting had been used for the election of inspectors of elections (1839), for the election of jury commissioners (1867), and for the election of delegates to the constitutional convention (1872).
The attorneys argued, however, that since the Pennsylvania constitution itself establishes limited voting for the election of supreme court judges, county commissioners, the magistrates of Philadelphia, and inspectors of elections, under the,. maxim expressio unius exclusio est alterius, such a system of voting would be forbidden in other cases. The court held that this maxim did not apply. “In the cases specified the constitution is mandatory; it says to the legislature in these, enumerating them, thou shalt prescribe the limited voting plan; in the cases not enumerated but of the same kind it is discretionary.” In general the court took the sound view that legislative competency is plenary, in the absence of clear constitutional prohibitions; and it refused to import into the words of the constitution a meaning which does not appear upon their face.8
8 While there is no decision of the New York courts which passes finally upon the constitutionality of limited voting, several cases have


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CUMULATIVE VOTING
The leading case on cumulative voting was decided in Michigan in 1890." The Michigan constitution at that time required that representatives in the state legislature should be chosen by single districts. At the same time, no township or city could legally be divided in the formation of representative districts. When any such place had a population sufficient to entitle it to two or more representatives, “then such township or city shall elect, by general ticket, the number of representatives to which it is entitled.” In 1889 the legislature enacted
That, in all elections of representatives to the state legislature in the districts where more than one is to be elected, each qualified elector may cast as many votes for one candidate as there are representatives to be elected, or may distribute the same among the candidates as he may see fit, and the candidates highest in votes shall be declared elected.
The Grand Rapids district was entitled to two representatives. It appears that 13,164 voters cast their ballots at the election in that city. The Democrats, over 7,000 in number, appear to have voted generally for two candidates, W. and H., giving one vote to each. The Republican voters, over 5,000 in number, in many cases voted “2” for Maynard, giving him 5,374 separate ballots, but a total “vote” of 8,368. The canvassers refused to count the ballots in the manner provided for by the statute. Maynard was credited with only 5,374 votes. W. and H., with over 7,000 each, were
involved systems of limited voting. Demurest v. Wickham (1875), 63 N. Y. 320; People ex rel. Watkins v. Parley (1880), 80 N. Y. 624; People ex rel. Woods v. Crissey (1883), 91 N. Y. 616; People ex rel. Angerstein v. Kenney (188k), 96 N. Y. 294. See also Rothbone v. Wirth (1896), 150 N. Y. 459.
9 Maynard v. Board of Canvassers (1890), 84 Mich. 228.
declared elected. Thereupon Maynard sought a writ of mandamus to compel the canvassers to certify his election.
The court held the act unconstitutional. It admitted that there was no express provision of the constitution to invalidate the statute, and it is difficult to ascertain just what provision of the constitution was construed to imply a prohibition. In general, however, the provisions quoted above as to the election of representatives, and the further provisions that “In all elections every male citizen . . . shall be
an elector and entitled to vote,” and that “all votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen,” appear, separately and in combination, to have given the court its cue. The learned chief justice wrote that the state constitution was intended to guarantee
a representative form of government. The foundation of such a system of government is . . . that every elector entitled to cast his
ballot stands upon a complete political equality with every other elector, and that the majority or plurality of votes cast for any person or measure must prevail. All free representative governments rest on this, . . . It is the constitutional right of every elector, in voting for any person to represent him in the legislature, to express his will by his ballot, and such vote shall be of as much influence or weight in the result, as to any candidate voted for, as the ballot and vote of any other elector. The constitution does not contemplate, but by implication forbids, any elector to cast more than one vote for any candidate for any office. This prohibition is implied from the system of representative government provided for in that instrument. (Italics the author’s.)
Since the system of representative government is nowhere mentioned in the Michigan constitution, one is tempted to quote the words of that other distinguished former member of the Michigan supreme court, Mr. T.


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M. Cooley, to the following effect:
Nor are the courts at liberty to declare an act void, because in their opinion it is opposed to a spirit supposed to pervade the constitution, but not expressed in words. “When the fundamental law has not limited, either in terms or by necessary implication, the general powers conferred upon the legislature, we cannot declare a limitation under the notion of having discovered something in the spirit of the constitution which is not even mentioned in the instrument.”
In this case, however, the court did have something a bit more secure and obvious to hang its decision upon than the vague expression “ system of representative government. ” It went on to say that the requirement of a “general ticket” in the election of two or more representatives from one city was a reasonably clear prohibition of cumulative voting in such places, for otherwise the rights of voters in plural districts would be different from those of voters in single districts, which the court considered contrary to the constitution. In every district a voter is entitled to vote and have his vote counted, for each officer who is to represent him. Even this reasoning is not entirely conclusive, however; for if voters within any district have equality of voting right as among themselves, it can make little difference if voters in other districts have different rights as among themselves.
One of the five judges thought that the question of constitutionality was not a proper one to consider in this case. The fifth judge wrote a vigorous and cogent dissent. In his opinion the court had based its decision not upon a question of law but upon its views as to the wisdom or policy of the legislation. He thought it was not for the court to instruct the legislature as to what is involved in a republican form of government. The majority had suggested that cumulative voting could be validated only by a constitutional
amendment; but the dissenting judge pointed out that if that system violated the “republican form of government,” not even an amendment to the state constitution could validate it. He denied that cumulative voting gave unequal rights to electors. He disagreed with the assertion that the constitution guaranteed majority rule, or anything like it, or that majority rule was essential to a representative form of government. He said, however, that all this argument had nothing to do with the case. The legislature had decided all these points, and the court had no power to pass upon the merits of the legislation. The legislative power was vested in the legislature. “The legislative power so vested is all the power before inherent in the people, subject only to such limitations as are expressly or by necessary implication contained in the constitution.” Courts, he declared, have no power to declare acts void because they violate some “ undefined spirit of the constitution. ” The Illinois constitution provides for cumulative voting in the election of representatives. Without such express constitutional authority the legislature provided in 1889 for the establishment of sanitary districts, and for the election of trustees therein by the cumulative system. This method of voting was optional, however; no voter was compelled to cumulate his votes. The act was held valid, but the exact reason for the decision is not clear.*0 On the one hand the court considered the fact that sanitary districts are not created by or mentioned in the constitution. They exist only by statutory creation and can be organized only as required by statute.
There is no provision of the constitution requiring elections, generally, to be by a majority of persons voting, but in each article of the con-
10 People ex rel. Longenecker v. Nelson (1890), 133 111. 685.


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stitution, certain officers are named, and as to those there are required to be elections, but as to other officers not named, there is no requirement or restriction in this respect.
Indeed such officers as are unknown to the constitution might be either appointed or elected.
It must follow, that since there is no restriction upon the General Assembly in regard to the mode of election of drainage trustees, it was discretionary with it to provide for their election by cumulative vote.
The court considered also the fact that cumulative voting was not compulsory under the act.
If the act had made the cumulation of votes compulsory, a very different question would have been presented. In that case each voter would be deprived of the privilege of voting at the election of a part of the officers to be elected, and to that extent would be excluded from his constitutional right.
This statement must, however, be considered as essentially a dictum.
These are the only decisions on the question of the constitutionality of cumulative voting.11 The Maynard case is important because it has served as a guide in later cases involving other methods of voting. It is unfortunate that the system should have been tried out under such inauspicious circumstances in that instance. The attempt to apply the cumulative method where only two representatives were to be elected resulted, practically speaking, in giving one member to each party no matter what the inequalities in numbers between them. This is not an attempt to justify the decision, however.
PREFERENTIAL VOTING
About 1913 there were several experiments with preferential voting.
u But see also State ex ref. Shaw v. Thompson (1911), 21 N. D. 426, 1S1 N. W. 231, where a statute was held not to provide for cumulative voting.
There was no decision on the constitutionality of the system as applied in Cleveland.1* Under the Duluth charter of 1912-13, the mayor, four city commissioners, and municipal judges were to be elected by the preferential ballot, primaries being done away with. In voting for city commissioners, no vote was to be counted unless the voter cast as many first choice votes as there were places to be filled. If he voted for only three or two or one, his vote would be cast out. To many persons this would appear to be a serious limitation of the right of voters to vote, yet it was sustained by a unanimous court.1* The power of home rule cities to regulate their own elections, subject to the constitution, was fully upheld.
With the wisdom of these charter provisions we have no concern. They emanate from the authority having power to legislate generally as to such matters. They are the law unless they run contrary to some higher law. The state constitution is such a higher law.
The litigants were not fully satisfied with the first decisions. In a later case they presented squarely the question of the constitutionality of preferential voting.14 Following the argument of this question, the court declared the system to be in violation of the Minnesota constitution.
When the constitution was framed, and as used in it, the word “vote” meant a choice for a candidate by one constitutionally qualified to exercise a choice. Since then it has meant nothing else. It was never meant that the
a In the case of Fitzgerald v. City of Cleveland (1913), 88 Ohio St. 338, involving the Cleveland charter of 1913, the question was raised but not directly decided. An evenly divided court upheld the right of cities to regulate their own elections.
u Farrell v. Hicken (191i), 123 Minn. 407, 147 N. W. 815; McEwen v. Prince (19H), 125 Minn. 417, 147 N. W. 275.
14 Brown v. Smallwood (1915), 180 Minn. 492, 158 N. W. 953.


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ballot of one elector, cast for one candidate, could be of greater or less effect than the ballot of another elector cast for another candidate. It was to be of the same effect. It was never thought that with four candidates one elector could vote for the candidate of his choice, and another elector could vote for three candidates against him. The preferential system directly diminishes the right of an elector to give an effective vote for the candidate of his choice. If he votes for him once, his power to help him is exhausted. If he votes for other candidates he may harm his choice, but cannot help him. Another elector may \ote for three candidates opposed to him. The mathematical possibilities of the application of the system to different situations are infinite.
This decision, it will be observed, goes directly to the question of equality of voting right among voters in the same voting district. This is the fundamental problem. The Minnesota constitution provides that in his district every qualified voter shall, at any election, “be entitled to vote . . . for all officers that now are, or
hereafter may be, elective by the people” at such election. While this language does not expressly say that every vote shall be equal to every other, there can be little doubt that such was the intention of the language. It is important to note, however, that there is no system of voting which absolutely guarantees to every voter, no matter how ignorant, or indifferent, that his vote will be absolutely equal to that of every other voter. He may vote ignorantly; he may fail to vote upon certain offices; he may mismark his ballot; he may entirely fail to exercise his voting right. If he does any of these things, his vote is in fact worth less than that of other voters. It may be worth nothing. The law cannot prevent that, but neither should it encourage inequalities. Does the system of preferential voting do the latter? The answer would seem to be in the affirmative. The elector who votes
only first choice in many cases votes most effectively. The one who votes first, second, and third choices has relatively less chance of electing his first choice candidate, since his second and third choices must be for candidates other than his first choice, and this probably means for rival candidates.
In the same year the New Jersey supreme court reached the opposite conclusion with reference to preferential voting.15 The requirements of the statute involved in this case were almost identical with those of the charter in the Duluth case. The New Jersey and Minnesota constitutional provisions are also practically identical. The decision in New Jersey was rendered by a single justice, as required by statute in the particular proceedings. The justice ruled in the first place that it was constitutional to require a voter to vote as many first choices as there were places to be filled, on the ground that the voter has no constitutional right to fail to vote, nor has he any constitutional right to advance the cause of any particular candidate by voting for him alone. On this point the justice followed the Minnesota decision, but on the preferential feature of the law he departed widely from the Minnesota court. The question was whether the second and third choice provision did not authorize the voter to vote for more officers than there were places to be filled, in violation of the constitution. We quote the answer of the justice;
The manifest purpose of the act is to ascertain the preferences of a majority of all the voters participating in any such election, and to give effect to that preference rather than to determine the result by a plurality vote. The court cannot pass upon the policy of such legislation; . . .
The conclusion I have arrived at is, that it is only
15 Orpen v. Watson (1915), 93 Atl. 853, 87 N. J. L. 69.


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the choice votes which go to make a majority that are counted as effective votes, and as no voter can vote for the same person but (more than) once in expressing his different choices, he can in no way cast more than one vote which can be counted for each office to be filled, because none of his other votes enter into or influence the result. If the person for whom he votes as his first choice has a majority of that class of votes, and recourse is not had to the second choice votes, no second choice vote of his has any effect, and so if his second choice votes enter into the majority, all of his first choice votes are void so far as they affect any result. It is perfectly clear that under this method of canvassing votes to ascertain where the majority rests, the ballot of any voter can only be counted once for any one candidate. Therefore, the voter has not cast a vote for two persons for the same office in violation of any implied prohibition of the constitution on this subject.
This decision, was rendered without reference to the earlier New Jersey decisions on limited voting. Stress is laid upon the fact that the successive stages in counting of votes must be kept distinct. If any candidates receive a true majority on the first count,
i.e., on the count of first choices, they are elected, and there is nothing more to be done as to them. If it becomes necessary to resort to second choice votes in order to fill the entire number of places by majority votes, there is still no feature of cumulative voting involved, since no voter may vote a second or third choice for any candidate for whom he cast a first choice vote. If the system is to be attacked, therefore, it must be either upon the ground mentioned in the Duluth case, or upon one of the following: That it rejects the principle of plurality elections, which is embedded in some state constitutions; or that it makes alternative second and third choice votes equal in value to first choice votes when it is necessary to count the former in order to ascertain the true majority. The New Jersey decision did not consider these two points.
There have been several other decisions in which systems of preferential voting have been considered, but they are not of importance here. One arose out of an attack upon the Portland, Oregon, charter of 1913, which provided for preferential voting in the election of the city commission.1* In this case it was necessary for the court to decide only that a charter adopted by the voters of a city has the same standing as a law. The state constitution authorizes the establishment by law of the system of preferential voting.
The other two cases involved the use of the preferential system in primary elections.17 Of course, a primary election is designed merely to select certain of the stronger and more popular candidates as nominees, whose names shall appear on the ballot. A primary election is not an election to office, and does not come under the ordinary constitutional rules as to elections. One of the purposes of the Hare, system of voting, as well as of the preferential system, is to avoid the necessity of holding the primary election. This is done by permitting the voter to express all his choices at one time on one ballot, instead of compelling him to appear at the polls several times to do this. In Duluth, when preferential voting at the election was declared invalid, it was necessary to restore the primary election. When this was done, the primary itself was made preferential.
THE HARE SYSTEM—THE KALAMAZOO CASE
We come then to the decisions involving the constitutionality of what is known as “proportional representation.” It would be more accurate to
18 State ex rel. Duniway v. Portland (1913), 65 Ore. 273, 133 Pac. 62.
17 State ex rel. Zent v. Nichols (1908), 50 Wash. 508, 97 Pac. 728; Adams v. Lansdon (1910), 18 Idaho 483, 110 Pac. 280.


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speak, in this country, of the system of the single transferable vote. The result of the use of this system should be proportional representation, but the same result can be obtained with more or less accuracy by other voting systems.
The Kalamazoo case was the first to be decided.1* The 1918 home rule charter of that city, provided for a council of seven to be elected from the entire city as one constituency by the Hare system of voting. The Michigan constitution provides that “In all elections (every qualified person) shall be an elector and entitled to vote” in the district where he has residence. It is also provided that “All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.” Cities have the power to frame, adopt, and amend their charters, but “No city or village shall have power to abridge the right of elective franchise. ” In the Maynard case, explained above, the question involved was the constitutionality of cumulative voting in the election of representatives where the constitution provided for their election on a “general ticket.”
The decision contrary to the Hare system in the Kalamazoo case was based primarily on the ground that, if seven councilmen were to be elected from the city at large,
Kncli elector had the right to vote for seven candidates, by a vote not only “of equal effect wil h, mid no more than, the vote of every other elector Tor every officer to be elected,” but of equal potential value as to each of the seven candidates to lie voted for. The Hare system limits his power to express his preference “in this manner” to but one candidate of the seven, only permit I ing him to express a second choice for one other, ami so on by numerically dwindling and weakening choices until the.elector has expressed
** Wattles er rel. Johnson v. Vyjohn (1910), 211 Mich. *14, 170 N. W. 335.
thus “as many choices as you (he) please.”
. . . While each voter can under the Hare system vote for all candidates to express sequential choices as provided, it is evident that his vote is primarily and positively effective for only one candidate.
It will be readily seen that the Michigan court, in construing the state constitution, has practically added to the words “In all elections (every qualified person) shall be an elector and entitled to vote” the words “for every officer who is made elective within the district. ” It is not enough that there shall be equality among voters. Practically speaking, this decision is a guarantee of plurality rule. In other words, while other states have found it necessary to write into their constitutions in express words the right of the voter to vote for “all officers” and the right of the greater number to rule, in Michigan the court has practically written these words into a constitution which contains neither provision.
At the same time the court had certain additional considerations in mind. It quoted the provisions forbidding cities and villages “to abridge the right of elective franchise. ” It is probable, however, that an act of the legislature establishing the Hare system would have been given equally short shrift. It enlarged also upon the element of chance in distributing surpluses, which was assumed by the court to result in some cases in making votes of somewhat unequal value.
An actuary, mathematically skilled in the application of the doctrine of chances to financial and other affairs, might work with confidence upon the possibilities of this system, but to the non-expert there is force in the dictum of the Maynard Case that it appears “too intricate and tedious to be adopted for popular elections by the people. ”
It asserted that the Hare system is similar to preferential voting, and subject to the same objections as were


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pointed out in the Duluth case. To the argument of counsel that the district to be considered was not the entire city as a geographical unit, but the single unanimous-consent district, “based on common opinion instead of arbitrary geographical lines, ” the court gave ear but not assent, saying that,
however alluring in theory, such intangible, undefined, theoretical demarkation by similar thought or views is not a legal substitute for what is in law recognized to be a voting constituency or geographically defined representative district, as the right of franchise has become established under our constitution.
THE SACRAMENTO CASE The next final court decision upon this question was that filed in California.1* There the supreme court, without assignment of reasons, refused to entertain the petition of counsel for the city of Sacramento for a rehearing of the case previously decided adversely to the city by the district court of appeal. We must, therefore, rely upon the decision of the latter as authoritatively stating the law in that state. The Sacramento charter provided for the Hare system, under the ordinary rules, for electing the city council of nine members from the city at large. It was attacked as violating the voter’s right “to vote at all elections which are now or may hereafter be authorized by law.” It was the assertion of the court that
The constitutional right to vote would be a barren privilege if the legislature could limit its exercise to one office or one proposition to be voted on. The right to vote “at all elections” includes the right to vote for a candidate for every office to be filled and on every proposition submitted. The election of nine members of the city council is the election of persons to nine offices as fully as if the offices were distinct in
l* People ex rel. Devine v. Elkue, Cal. District Court of Appeal, Third District, Oct. 88, 1988; petition for rehearing denied by supreme court (1988), 811 Pac. 34.
name and in the duties to be discharged, and it is as far beyond the legislative power to limit the elector to the right of voting for one candidate therefor as it would be in the election of state or county officers.
The citations of authority go back to the limited voting case of Stale v. Constantine, and include also the cumulative voting cases and the preferential voting cases. Chief reliance was placed, however, on the decision in the Kalamazoo case. The court of appeals decision in the Cleveland case was distinguished on the ground that in that state cities “are given the right of local self-government in the broadest sense. ” The court found comfort, also, in the statement in McCrary on Elections “that minority representation and cumulative voting can be provided for only by constitutional provision. ”
A considerable portion of the decision was given over to a consideration of the question whether the home rule provisions of the California constitution do not authorize cities to regulate their own elections to the extent of providing for the Hare system. The court said that the answer to this question would depend upon the construction of section of Article XI, which is, in brief, as follows:
It shall be competent in any charter framed in accordance with the provisions of this section, or section eight of this article, for any city or consolidated city and county, and plenary authority is hereby granted, subject only to the restrictions of this article, to provide therein or by amendment thereto, the manner in which, the method by which, the times at which, and the terms for which the several county and municipal officers . . . shall be elected or appointed.
The court pointed out, however, that the local charter must be “consistent with and subject to” the constitution. It also reasoned that “the manner in which” and “the method by which” officers shall be elected did not


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relate to the designation of the persons who should be electors, nor to the abridgment of “the constitutional right of qualified electors to vote.” “Certainly by the adoption of section 8|, the people have not ‘expressed with irresistible clearness ’ an intention to infringe and overthrow the fundamental right guaranteed by the constitution to every qualified elector of voting at all elections.” It might well be asked whether the right to vote “at all elections” expresses with irresistible clearness the right of every voter to vote by the old method, and by the old method alone, for every office elective within the district. There is one provision in the California constitution which, in the writer’s mind, bears directly on the question involved in the Sacramento case, but which for some reason was not cited in the appellate court’s decision. The provision reads as follows:
A plurality of votes given at any election shall constitute a choice where not otherwise directed in this constitution; provided, that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of this constitution to provide the manner in which their respective officers may be elected, and to prescribe a higher proportion of the vote therefor.
This section must mean something, and it would seem to authorize cities to provide for other than plurality elections, which is the most important point involved.
THE CLEVELAND CASE
The decision of the Ohio court of appeals in the Cleveland case preceded the California decision by a few months.20 The question was whether the provision of article 5, section 1,
20 Reutener v. City of Cleveland, Ohio Court of Appeals, Eighth District, May 6, 1922. The writer has used a typewritten copy of the decision.
that each properly qualified elector shall “be entitled to vote at all elections” (this language being the same as in the California constitution) forbade a city operating under a home rule charter to provide for the Hare system of voting. The court answered this question as follows:
If this fifth article of the constitution stood alone and was the sole measure of constitutional power in the case at bar the Constantine case might be deemed authoritative. The fifth article of the constitution, however, is not operative when it comes in conflict with Article XVIII. This is true not only because by the schedule (the) older provisions of the constitution must yield to the newer, hut because the general must yield to the particular.
The court then proceeded to review several earlier Ohio decisions, in one of which it was held that the power conferred upon the legislature to create schools included the power to authorize women, in addition to men, to vote in school elections; and in another of which it was ruled that under article 18 a home rule city might extend to women the right to vote for municipal officers under the charter.21
The fact, therefore, that a given elector may in the first instance vote for but one candidate, and in many instances will be limited to voting for one only, presents no constitutional difficulty.
The court went on, quite unnecessarily, to explain the rights of voters under the Hare system. It answered the charge that the system was “ vague, indefinite, and incomprehensible” by saying that while it did present some difficulties for the judges of elections,
On the part of the elector but little more is required than in voting the present judicial ballot. . . . Most of the electors will not be
election officials, and it is no more important that they understand the methods of tabulating
21 State ex rel. Mills v. Board of Election of City of Columbus (1895), 9 Ohio C. C. 134; affirmed in 54 Ohio St. 1531; State ex rel. Taylor v. French (1917), 96 Ohio St. 172.


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the votes than it is that voters understand the mechanism of the voting machines in those states where the latter are employed.
The court recognized, also, that an element of chance enters into the distribution of transferable ballots, and that there was a possibility that in some cases “a particular elector’s voting strength (may be) used directly against such elector’s expressed desire. ” This unproved and highly questionable assertion was followed, however, by this compensatory remark:
It must be remembered, however, that the plan as a whole extends the elector’s rights and opportunities. In compensating for the possibility that the plan will operate against his desires, in some instances, is the probability that on the whole he has more adequately expressed himself by exercising all his rights under the new plan than if he had exercised all his rights under the old plan. Whether or not he is paying too much for the added privilege of expressing his second and successive choices is, after all, a question that this court cannot determine.
It will be understood that the statements here quoted are entirely dictum.
In affirming this decision the Ohio supreme court definitively established the constitutionality of the Hare system as provided for in the Cleveland charter.” The supreme court, like the court; of appeals, really based its decision upon the proposition that the power of home rule cities under article 18 of the constitution is not subject to the provision in section 1 of article 5 that each elector shall be “entitled to vote at all elections. ”
To hold valid this system of voting adopted by the people of Cleveland, is merely to carry out the plain meaning of the constitutional provision that municipalities shall have all powers of local self government, and to give effect to the power which rightly takes precedence over all statutes and court decisions,—the will of the people, as expressed in the organic law.
22 Reutener v. City of Cleveland (Ohio, S. C., March 6, 192S). The writer has used a typewritten copy of the decision.
The Kalamazoo case was distinguished on the ground that in Michigan municipal home rule charters are “subject to the constitution and general laws of the state. ”
There are interesting dicta in the supreme court decision, a few of which may be quoted. After quoting the provision that each voter may vote at all elections, the court said:
On the face meaning of this section, the Hare system of proportional representation does not violate the Ohio constitution, for the elector is not prevented from voting at any election. He is entitled to vote at every municipal election, even though his vote may be effective in the election of fewer than the full number of candidates and he has exactly the same voting power and right as every other elector. The plaintiff in error, however, claims that the case of State v. Constantine ... is an authority binding upon this court in his favor. . . . This case is certainly an authority against the proposition of the defendant in error. The slight circumstance that cumulative voting was condemned in the Constantine case, while it is proportional representation that is here attacked, does not greatly differentiate the cases. State ex rel. v. Constantine, however, extended the plain language of the constitution far beyond the word meaning of the provision contained in Article V, Section 1. To the clause “shall be entitled to vote at all elections, ” it added a clause,—“ and for a candidate for each office to be filled at each election. ”
The court then proceeded to discuss the home rule provision.
It is entirely clear that the friends of the Hare system will be wise not to rely too confidently upon their success in Ohio. It is a splendid thing for them to have been able to establish the constitutionality of the system in a large city in a pivotal state, but the decision is hardly in the class of exportable commodities. There will be few opportunities to use it in other states. Even in other home rule states, such as California and Michigan, the decisions have already gone squarely against the system, while in Min-


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nesota also a home rule state, there is a decision on preferential voting which has been construed by the attorney general of the state to be broad enough to forbid the Hare system of voting.”
THE CONSTITUTIONAL EIGHTS OF VOTERS
Enough has been said in the preceding paragraph to show how unsatisfactory is the law on this important question. The question is, What is a sound construction of the state constitutional provisions on the right of electors to vote? These provisions are to be found in many different forms, but it may be said in advance that in no state constitution is there any express prohibition of proportional representation or limited, cumulative, or preferential voting.24
1. There are at least six constitutions (Del., Minn., Mont., Nev., N. J., N. Y.,) which provide, with slight variations in language, that every elector shall be “entitled to vote for all officers that now are or hereafter may be elective by the people. ” Four of these constitutions add “and upon all questions which may be submitted to the vote of the people.” (Del., Mont., Nev., N. Y.)
2. Eleven constitutions provide that each elector shall be “entitled to vote at all elections.” (Cal., Col., Ind., Iowa, Md., Mo., Ohio, Ore., Pa., Wash., W. Va.) The constitution of New Mexico says: “qualified to vote at all elections for public officers.” The Florida provision is: “be deemed a qualified elector at all elections under this constitution. ”
3. The constitutions of Arkansas and Wyoming provide that every qualified elector shall be entitled “to vote at any
“Opinion rendered Dec. 1, 1921; see Minnesota Municipalities, 7:81—85.
“The constitutional provisions can be found in extenso in Kettleborough’s State Constitutions.
election in the state, ” and the Louisiana constitution has the same provision with certain exceptions. In Alabama and North Carolina the wording is: “entitled to vote at any election by the people. ” In Illinois the provision reads: “entitled to vote ... at any election. ” In Georgia and Michigan the provisions read, with slight verbal differences, “shall be an elector and entitled to register and vote at any election by the people. ”
4. Three constitutions (Conn., Ky.,
Neb.) provide simply that every person with certain qualifications “shall . . . he an elector, ” or voter. Sev-
en others provide that each such person shall be a “qualified elector” or voter. (Ida., Kan., Miss., N. D., Okla.,
S. D., Wis.) In six of these constitutions (Kan., Ky., N. D., Okla., S. D., Wis.), the residence requirements are so stated that the provision may mean that the qualified voter is entitled to vote at any election.
5. In four states the bills or declarations of rights have the provision that every qualified person shall “have an equal right to elect officers, and to be elected.” (Mass., N. H., S. C., Vt.) In the same constitutions are other provisions more particularly defining the qualifications of voters, and stating in some cases the titles of offices which may be filled by election.
6. The provisions on the points here involved in the constitutions of Arizona, Louisiana, Maine, Massachusetts, Michigan, Mississippi, New Hampshire, Oregon, Rhode Island, South Carolina, Texas, Utah, and Virginia, are either so scattered, or so complicated, or so unusual in some respect, as to call for separate discussion. Unfortunately there is no place here for this discussion.
What the writer wishes to emphasize by this brief summary is the fact that the pertinent provisions in the different


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state constitutions are not identical. In the main they fall into the six large groups outlined above, but even within the groups there are differences in statement which may mean differences in meaning or intention. It is not accurate to say that there is any uniform common or constitutional law upon the points involved. In each state the question must be studied from the point of view of the constitutional history and phraseology of that particular state.
At the same time, if we go far enough back, we shall find a common historical background. In each state to-day, with certain express exceptions in a few states, there is a uniform set of qualifications for all voters. In colonial days, however, the law and the practice were almost exactly the opposite.25 In a single borough or city, different persons might be entitled to vote as the result of having different qualifications. As between several boroughs in the same colony, there might be still other differences. People living outside of the incorporated towns or boroughs could qualify as voters in ways which did not conform to those known within such places. A voter might be qualified to vote for certain officers, and not for others. Indeed, diversity was the rule rather than uniformity. This was not so true in New England as elsewhere, but in no single colony in early colonial days could one point to one single set of electoral qualifications of uniform application in all places and to all persons. There were different classes of voters for different purposes. Instead of equality there was inequality. Such tests as existed related to property ownership, freemanship, conformance to religious standards, resi-
55 See A. E. McKinley, The Suffrage Franchise in the Thirteen English Colonies in America, and C. F. Bishop, History of Elections in the American Colonies.
dence or attachment to the place, and other factors.
THE BIGHT TO VOTE “FOR ALL OFFICERS”
The long struggle between the colonists and the agents of the king which culminated in the Revolutionary War was to some extent a leveling movement. At least some of those who participated looked forward to a society in which the aristocracy would have lost its power, and in which men would be politically equal. The first state constitutions did not reflect any immediate success for this movement. In the New York constitution of 1777 a distinction was made between those who could legally vote for representatives and those who could vote for senators. Any male person who had a freehold of the value of 20 pounds, or who was a taxpayer and rented a tenement to the value of 40 shillings per year, was permitted to vote for representatives. On the other hand, none could vote for state senators unless he had a freehold of the value of 100 pounds.’* The upper house was distinctly designed to be the representative of the propertied interests. In the constitutional convention of 1821 there was a strong movement for establishing the equality of men. A committee dealing with the question of the elective franchise brought in a report recommending that
Every white male citizen of the age of twenty-one years, who shall have resided in this state
six months next preceding any election . . .
“ N. Y. Const. 1777, arts. VII, X. There was a similar distinction made in the first constitution of North Carolina, and it may have existed elsewhere. The federal constitution itself recognizes this distinction, for in providing for the election of representatives in Congress it says they shall be chosen by the electors in each state having “the qualifications requisite for electors of the most numerous branch of the State legislature.”


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shall be entitled to vote at such election, in the town or ward in which he shall reside, for governor, lieutenant-governor, senators, members of the assembly, and all other officers who are or may be elected by the people.”
A few days later Mr. Erastus Root proposed an amendment stating that every person with certain different qualifications “shall be entitled to vote, in the town where they (he) may actually reside, for any elective officer in this state.”28 When this amendment came up for debate, Mr. Ambrose Spencer of Albany proposed to amend it by inserting the following words after the word “state”; “other than for senators; and that in elections for senators, every free male citizen, of the age of 21 years, who shall have been, one year next preceding the election, an inhabitant of this state, and at the time of offering himself as an elector, shall have an interest in law or equity, in his own or in his wife’s right, in any lands or tenements in this state, of the value of $250 over and above all debts charged thereon, shall be entitled to vote for senators in the town or ward in which he shall reside.”29 This proposition was supported by Mr. Spencer, Mr. Chancellor Kent, and several others, as necessary to give adequate protection to property. The senate should be the bulwark of the propertied classes. If the same voters were to elect both houses of the assembly, what would be the utility in having two houses? The doctrine of equality was a radical and dangerous thing. The disproportion between the men of property and of no property was daily increasing. It was predicted that within a century, if all men were equal in voting power, the state would be governed by “the motley assem-
27 Debates and proceedings of the Convention, etc., 1821, pp. 70-71.
78 Ibid., p. 106.
29 Ibid., p. 113.
blage of paupers, emigrants, journeyman manufacturers, and those unde-finable classes of inhabitants which a state and city like ours is calculated to invite.” Indeed, the city of New York would rule the state! There was only one salvation. Let none but men of property, the honest, independent, temperate and just class of small farmers and other freeholders, control the senate. They, said the Chancellor, “are the surest guardians of property. ”
The debate thus begun extended over several days. It was ably sustained on both sides, the exponents of equality being rather more numerous and cogent. The issue was clearly understood. It was not whether every voter should vote for every senator, or even whether he should vote for every one elected in his district. Not a word was said which in any way indicated any confusion upon this point. It was simply the question whether there should be one class of voters for all purposes, or different classes of voters for different purposes. Mr. Root’s amendment would have been more specific and more clearly expressive of his point if it had said: “There shall be but one class of voters for all purposes. No class of officers shall be chosen by any but the general body of voters.” Or, in other words, each properly qualified person shall be entitled “to vote for all classes of officers” which now are or hereafter may be elective within the voting district. The purpose was to make all voters equal, to abolish voting classes. So far as the debate goes, there was no intent shown to prohibit either single district voting or plural district voting, limited voting, cumulative voting, preferential voting, or the Hare system. Methods of voting simply were not discussed.
When the vote was taken the exponents of equality among voters showed a handsome majority. The


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language of Mr. Root’s proposal was slightly changed at a later date, for his amendment was somewhat awkwardly drawn, and his idea was embodied in the words: “Every male citizen (having certain qualifications) shall be entitled to vote . . . for all officers that now are, or hereafter may be, elective by the people. ”
This provision became a part of the New York constitution of 1821. Later it was written into the constitutions of other states, perhaps from a feeling that New York’s constitution was a worthy model to copy, perhaps from other and more obscure motives. In Minnesota, the New York form of words was adopted without a word of discussion. It would be a nice piece of historical research, which the writer has not attempted, to go through the constitutional debates in the other states involved to ascertain the reasons given for adopting the New York form of language for conferring the right of suffrage upon the voters. A cursory examination of some leading constitutional debates leads the writer to the conclusion that little or nothing would be revealed with reference to the different methods of voting discussed in this paper. The tentative conclusion is that these questions were not considered at all in earlier days, and that they have not frequently been discussed even in later conventions. If this be true, it cannot be said that our constitutional conventions had any strongly-evidenced intention to forbid these methods of voting, some of which were scarcely known in the fore part of the last century.
THE BIGHT TO VOTE “iN ALL
elections”
Whatever may be the historical explanation, it cannot be denied that the New York form of statement gives some ground for asserting the right of
each voter to vote effectively for each and every officer to be elected. The same cannot be said for the provisions which say that a voter may vote “in all elections,” or “in any election,” or that he shall be a “qualified elector.” These phrases certainly do not indicate upon their face any intention other than that of establishing an equality among electors. There is nothing in the words used to prove the intention of the framers to insist upon any special system of election, or to guarantee plurality rule under the system of the non-transferable vote. What we know of the history of suffrage provisions in the colonies, and of subsequent efforts to bring about reform, indicate clearly the purpose of later constitution framers to establish uniform voting requirements and to give each voter equality of right with every other. To say that these provisions purposely or even inadvertantly establish the system of the non-transferable vote, which must result in many cases in mere plurality rather than majority rule, is to assert the improbable and perhaps the improvable. If 40 voters vote for one candidate, 35 for another, and 25 for a third, under the non-transferable voting system the 40 are worth more than the 60. If this be equality then we can say with Pliny, who was discussing voting in Rome, that “nothing is so unequal as the equality which prevails.” Equality of voting right should mean the right of the true majority to rule, and of the minority to be represented and heard.
ELECTIONS BY PLURALITIES
In popular elections under the system of voting by non-transferable ballots, it is difficult to bring about true majority elections. In order to obviate this difficulty a number of states have legalized plurality elections by constitutional provision, while


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others have done so by statute. This is, of course, a case where principle has had to compromise with expediency. Wherever the constitutions establish the legality of plurality elections, it may be implied that the Hare system of voting is unconstitutional. This is, however, more certainly true of such a system of preferential voting as was involved in the Duluth case than of the Hare system. The mere mention of plurality elections seems to imply the use of the non-transferable vote. The particular form of wording of such provisions needs, however, to be studied with care. In some cases it may be within the power of the legislature to establish by legislation the rules of evidence to determine what shall be considered “the highest number of votes.” The Arizona provision appears to be the most sweeping. It provides that “In all elections held, by the people, in this state, the person, or persons, receiving the highest number of legal votes shall be declared elected. ”
The antagonism in principle that exists between the idea of plurality elections and that of either preferential voting or proportional representation is referred to in several of the cases cited above, but in no case has such a provision been made the basis of a decision. This antagonism is illustrated also by the Oregon constitutional provision which expressly authorized both preferential voting and proportional representation in that state.30
CONCLUSION
The foregoing analysis of the cases may be made the basis for several constructive proposals. In the first place it must be admitted that the constitutionality of the Hare system of voting is somewhat in doubt. In two states
30 Oregon Const., Art. II, sec. 16; adopted as initiated amendment, 1908.
it has been declared unconstitutional. Where this is true there is no remedy other than that of a state constitutional amendment, unless perchance, on reargument the supreme court in any such state might be brought to reverse itself. In the second place it must be admitted that in the states where voters are guaranteed the right to vote “for all officers” elective by the people, the language of the constitution does give some support to the idea that the Hare system of voting is invalid. Should any case arise touching this question in such a state, great stress should be laid upon the fact that the evident intent of this provision was not to give each and every voter the right to vote for each officer. The true purpose seems to have been to establish equality of right among voters. It is interesting to note that the constitution does not say “vote for each officer” but “vote for all officers.” Third, in the states where the constitutional provision merely says “vote in all elections” or “in any election” the intention clearly was to establish equality of right among voters and nothing more. No evidence has yet been presented of any intention to go farther than this. In fact, in certain states even this idea of equality of right has been broken down by statutes which have created special classes of voters for special purposes. Such statutes are a most serious violation of the purpose of the constitutional provisions. If any court sustains such a statute and at the same time denies the validity of the statutes regulating the method of voting, the court is certainly straining at a gnat while swallowing a camel. The fundamental principle to be kept in mind is that of equality of right among voters. Stress could well be laid upon the fact that the ordinary systems of voting, which establish plurality rule, destroy the equality which should exist.


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NATIONAL 1910. ................................ 1911. ............................... 1912. ............................... 1913 ................................ 1914 ................................. PP 1915.. ............................... 1916. ................................ 1917 ................................. 1918. ............................... 1919. ................................ MUNICIPAL REVIEW $7,044,192,874 7,858,840,164 7,861,898,890 8,006,647,861 8,049,859,912 8,108,760,787 8,207,822,361 8.254.549.000 8,339,638,851 8,428,322,753 VOL. XII, No. 12 DECEMBER, 1933 TOTAL No. 90 $372 644 825 357:923:123 342,963.340 325,421,340 340,295,580 TREND OF ASSESSED VALUES IN $7,416,837,489 8,218,763,287 8,204.862.230 8,332,069,201 8,390,155,472 NEW YORK CITY BY LUTHER GULICK National ZnJtiNs of Pdlie Adminidration New York has this year raised assessed values more than one and om.. .. .. foudh billion dollars. Is the increase justified? :: .. 352 051 755 376'530'150 419'156'315 251'414'875 362:412:780 TEE New York city tentative assessment for 1934 has just been announced. The grand total is $12,116,155,725. This excludes special franchise assessments which are made later by the state tax department and amount to some $430,000,000. The increase. of 1934 over 1933 is over $1,733,000,000. Of this increase $~,109,000,000 is on real estate and $634,000,000 is on personal property. The period for public hearings and for the filing of requests for reduction or exemption closes on November 15 8,460,812,542 8,584,352,511 8,573,705,315 8,591,053.726 8,790,735,533 for real estate and on November 30 for personal property. On the basis of past experience it is expected that a considerable part of the increase will be wiped out during this period. The best estimate now available puts the final 1924 roll at $11,630,000,000 including special franchise assessments. 1920. ................................ 1921. ................................ 1922. ................................ 1923. ................................ 1924 (Eat.) ........................... GROWTH OF PROPERTY ASSESSMENTS IN NEW YORK CITY The accompanying table presents statistics covering the assessment of real estate and personal property in 8,626.122.557 9,972,985,101 10,249,995,630 10,596,065,573 1 1,400,000,000 TAXABLE ASSESSED VALUES IN NEW YORK CITY 296 506 185 213'222'175 210'608'045 216:585:350 230.000,Mw) 1910-1924 1 Real 8,922,628,742 10.186.207.279 10,480.603.675 10.812,6C0.923 11,630,000,000 697 I Personal

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698 NATIONAL MUNICIPAL REVIEW [December New York city since 1910. The outstanding facts shown by this table are (1) the consistent and rapid growth in the value of New York city real estate, (3) the insignificant proportion of personal property and its gradual disappearance as a tax base, and (3) the slight extent to which real estate values have followed price fluctuations during and since the war. PERSONAL PROPERTY Under the New York state law debts are deductible from personal property assessments on presentation of sworn statements by taxpayers. Under this provision of the law the annual reduction of personal property assessments ranges between 70 and 75 per cent of the amount placed on the tentative assessment roll. It is, therefore, anticipated that the 1934 assessment for personal property will stand at approximately $230,000,000 in place of the $840,649,535 now carried by the tentative roll. The phenomenal drop in the assessed value of personal property between 1917 and 1918 is due to the enactment of an income tax law for merchants and manufacturers which substituted a tax on income for the tax on assessed value of tangible and intangible personal property. The drop between 1919 and 1930 is the result of the personal income tax law which eliminated intangible personal property from the property assessment. The losses to the city as a result of these exemptions were much more than made up by the share of the income taxes returned to the city by the state under these two laws. REAL ESTATE ASSESSMENTS The increase in real estate assessments for 1934 over 1933 is $1,109,000,000. An examination of the building permits issued during the past two years shows that New York City is still passing through its phenomenal boom in building construction. The tentative assessment roll shows that $465,000,000 has been added to the roll because of new improvements. It is estimated that a considerable part of this increment will be wiped out as a result of the exemption which is extended by state law and municipal ordinance to certain types of new dwellings for a limited period of years. This policy of tax exemption was adopted in 1921 in order to encourage construction of inexpensive dwellings. The total exemptions granted on the 1943 'roll amounted to $244,000,000. It is estimated that $180,000,000 additional will be granted on the 1924 roll, bringing the total to $424,000,000. ACTUAL AND ASSESSED VALUES The real estate market has been phenomenally active during the past two years. In 1921 the value of property sold amounted to approximately $50,000,000 per month. In 1923 this rose to $65,000,000 and in 1933 to $100,000,000. An active market of this character not infrequently means that real estate values are rising rapidly. An examination of the relation of sale value to the assessed value of property changing hands indicates that this is true of the present real estate market in New York city. On the basis of the real estate statistics published by the Record and Guide, actual values are well above assessed values at the present time. This comparison is made only for Manhattan and covers approximately 10 per cent of the sales. On the basis of these figures assessed values were 96.5 per cent of market values in 1922. In spite of the fact that assessed values were increased somewhat in 1943, actual values increased faster, so that assessed values dropped to 86.7 per cent of sale values.

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19231 TREND OF ASSESSED VALUES 699 Theaccompanyingchart shows thesitbuilt up by averaging four months at a uation graphically by monthly periods. time, for example, January, February, This chart is based on the assumption March and April, and then dropping that what is true of the sample is true January and adding May to form a of the whole. The curved line "market new average. By continuing this value" is a four-month moving average, moving average through the year, an 1 u! f M A MJ J. A. 5. 0. H D J F M AM J. J. A.5. 0. n! D, J. E f922 /923 -B24 Market value and assessed value were not far apart during 199%. but in 192s market value beg= to climb and has remained consistently above assessments. Even the increased tentative valw tion for 1H4 appears to be below market value.

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700 NATIONAL MUNICIPAL REVIEW [December amount is found which can be plotted for the first of each month with the exception of the last two. In this chart the last two have been estimated. The staggered line “assessed value” represents the value of real estate as carried on the books. The new valuations are hs of October first each year. This is indicated by the upward step of the line. The last step represents the tentative 1924 evaluation. The chart shows that increasing assessed values have failed to keep pace with increasing market values and that the tentative assessed value for 1924 appears to be well within market value when the situation is taken as a whole. This is no indication, of course, that the valuation is fair for individual properties. If the tendency thus disclosed for Manhattan is true of the rest of the city, it would appear that the increased assessed values for real estate of the entire city amounting to $644,308,162, exclusive of the increase due to new construction, is well within reason. THE NATIONAL CONFERENCE ON THE SCIENCE OF POLITICS BY ARNOLD BENNETT HALL University of Wiscollsin The Jirst national conference devoted exclusively to the development .. .. .. .. .. .. .. .. of a 8cienliJic method in Political Science. ANYONE conversant with the literature of politics is forced to recognize that it has not yet entirely escaped the a pri~ri and speculative stage, while most of the writing of the day is still confined to the barely historical and descriptive method of approach. While these methods have been occasionally fertilized by the collection of comparative data, nevertheless they have been the limits beyond which political research has only infrequently gone. It will scarcely be argued that such methods give an adequate basis for the accurate generalization of political principles. Take, for example, the literature dealing with the initiative and referendum. There are thousands of pages devoted to its consideration. But for the most part nothing more is done than to trace the history of the movement, describe and compare the different legal and constitutional principles involved, or to schedule the various a pn‘ori arguments on either side and indulge in an equally speculative discussion on the validity of each. There are a few brilliant exceptions, but they are rare. The result is that while this has been an active political question for a generation, few if any of the fundamental questions involved have been tested out by an exhaustive, patient and comprehensive assembling of all the pertinent facts, and a basis for the accurate formulation of principle thus established. Until this is done how can the political scientist give the public the information they desire as to the appropriate place of this device in our political system? It must not be supposed that the writer is seeking to criticise the descriptive, historical or comparative methods, other than to point out that they are

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19331 CONFERENCE ON SCIENCE OF POLITICS 701 inadequate to the needs of the day. They have been valuable and necessary stages in the evolution of the social sciences. TO PUT POLITICS ON A FACT BASIS Occasionally one hears public men criticised because they do not make greater use of the political scientist in the affairs of government. It is pointed out that reliance is placed upon physicians, engineers, accountants, etc., for information regarding technical matters pertaining to their professions. But the main reason for this apparent discrimination against the political scientist is doubtless that political science is not yet in possession of the essential facts. There is where we are vastly behind the other professions mentioned. They have developed a fact-finding technique. Their principles, in the main, have a factual basis. They are dealing with objective, tangible realities that give validity to their conclusions and win public trust and coddence. The problem that now confronts the student of politics is how to put political science upon a similar basis of fact -how to ground its theories on objective evidence. This involves a new method and a new technique. The recent literature on the subject contains occasional suggestions, but nothing comprehensive as to methodology. And yet this is the question that really bars the way to scientific progress. ORGANIZATION OF THE CONFERENCE It was the consciousness ci' this fact that led a group of sevente:n persons, who were attending the American Political Science Association at Chicago last December, to meet at the call of the writer, and to se'. in motion the movement for the National Coderence on the Science of Politics. The writer was asked to serve as chairman and to organize an executive committee to arrange for the first conference. The committee as finally organized was as follows : Frederick P. Gruenberg, director of the Bureau of Municipal Research of Philadelphia; A. N. Holcombe, professor of Political Science, Harvard University; C. E. Merriam, professor of Political Science, University of Chicago; Luther Gulick, secretary, director of the National Institute of Public Administration; Arnold Bennett Hall, chairman, professor of Political Science, University of Wisconsin. The University of Wisconsin was chosen as the meeting place of the first conference and September 3-8 was the date fixed. The committee, conscious of the fact that questions of method could be dealt with only in connection with some specific project of research, organized the conference into roundtable groups and assigned to each a definite subject. The list of roundtables and their leaders follows: (1) Political Psychology, C. E. Merriam, professor of Political Science, University of Chicago; (a) Survey Methods and Psychological Tests in Civil Service, W. E. Mosher, Bureau of Municipal Research, National Institute of Public Administration; (3) Research in Public Finance, F. P. Gruenberg, director of Bureau of Municipal Research of Philadelphia; (4) Legislation, H. W. Dodds, editor of NATIONAL MUNICIPAL REVIEW; (5) Political Statistics, L. D. Upson, director of Detroit Bureau of Governmental Research; (6) Public Law, E. S. Corwh, professor of Jurisprudence, Princeton University; (7) Nominating Methods, V. J. West, professor of Political Science, Stanford University; and (8) International Organization, P. B. Pot

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70a NATIONAL MUNICIPAL REVIEW [December ter, associate professor of Political Science, University of Wisconsin. The work of the round-tables W;LS twofold: First, to formulate into hypothetical principles the important questions pertinent to the subject assigned, and, secondly, to fhd the best methods of testing out the validity of the hypotheses on a fact basis. Each roundtable met every morning and afternoon, and in the evening there was a plenary session of all the members to which the round-tables were required to report the tentative results of the day’s work. ANOTHER CONFERENCE NEXT YEAR On the last night the members voiced their confidence in the enterprise by voting unanimously to hold another conference the following year and to continue the same committee in power. It was furthermore voted to have the final conclusions of the several groups published, and arrangements have been made for them to appear in the February number of the American Political Science Remew. Several of the groups voted to keep in touch with each other during the year, exchanging notes on their experiences in testing out the research methods that had been agreed upon, and keeping a record of the results obtained to report back to the conference the following year. At this time it is difficult to estimate what was actually accomplished, but if the enthusiasm of the members is any criterion, the statement made by one of the most distinguished participants that “this conference marks the beginning of a new day in political research” does not seem to be without foundation. It is also significant that many members who came to the conference with honest doubts as to the feasibility of any plan to place the science of politics upon a factual basis, left the conference not only with confidence in the general plan but with the conviction that they had some idea of the methods by which this end could be attained. It is indeed both inspiring and reassuring that ninety-three persons from twenty-two states and from forty-two institutions should come to such a conference, on their own time and at their own expense, and labor intensely for a week in a joint effort to begin laying the foundations for a real science of politics. The material sciences with their superior techniques have developed powercreating forces which have rendered immeasurable services to humanity, but which also threatened civilization itself in the tragedy of the World-War. Humanity now demands a development of the power-controlling forces-the social sciences-to the end that peace and justice may prevail. In the development of these power-controlling forces, political science ought to do its share, and to this end it must seek continuously the improvement of its method and the perfection of its technique.

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TEACHING TO TEACH POPULAR ADULT CLASSES IN GOVERNMENT BY MRS. J. PAUL GOODE The problems faced by teachers in the schools of citizenship conducted by the League of Women Voters and how lo prepare for them. :: INSPIRED by the School of Citizenship, which Mrs. Catt organized to follow the fist Convention of the National League of Women Voters at Chicago three years ago, Illinois has been very active in the organization and promotion of schools of citizenship-one-day schools, three-day schools, seven-day schools, schools in church parlors, in school auditoriums, in ladies’ rooms of banks, in settlement houses, in county courthouses, and in Masonic Temples, in the libraries of millionaires and political bosses, in church basements, in kitchenette apartments, and in the fearsome halls of great universities-everywhere the civic-minded might foregather. Some of these gatherings have been made up of those who might be induced to conduct such schools, for the greatest of all problems presented in broadcasting political information is that of supplying teachers. To these groups of potential teachers the important message, as we saw it, was clearly to establish the aims of schools of citizenship. Why are schools of citizenship? Are they to advertise the League of Women Voters? They are not! Are they to furnish memberships and the sirLews of war to the state Leagues? They are not! That they do these things, Illinois can testify, but Illinois knows that these are but by-products. Their real aim is threefold: to establish in the hearts of the women of Illinois high standards of citizenship so that a fresh stream may help to cleanse the muddy pools of her political life; to open the eyes of our women to the new day that is dawning in the civic life of America; to show each woman her part in this new life and to give such a clear view of the field of action that each woman shall see cIearIy where she stands, how she is to take hold, and where she is to go next. They aim to establish connections for organized and unorganized women with the sources of political information, whether these sources be published material or public addresses or, better than these, connection with the voluntary organizations which are constantly investigating and securing material, or, best of all, to show opportunities for political action-the only school in which many of us learn very much. Unless our teachers can in some degree do these three things, set up standards of citizenship, establish connections with the sources of political information, and arouse an abiding civic interest, our one-day and our three-day schools will have little to justify their existence. Someone has said it is not of so much consequence where one is on any road, as in which direction one is traveling. To get our new citizens to “face front” and to furnish them with chart and compass-this, I take it, is no impossible short-term task. The idea of furnishing a “political education” in three days can, of course, be only a joke. WOMEN NOT TRAINED POLITICALLY The teachers themselves must have a reasonable familiarity with the pub703

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104 NATIONAL MUNICIPAL REVIEW [December lished material which they recommend. They must know some simple texts to offer their pupils, and the collateral reading material which makes the dry bones of civics take on life and meaning. In addition they should have had some first-hand experience in actual political action. Without this last, the trumpet of the most brazen of us will give forth a mighty uncertain sound and few of our pupils will prepare themselves or anybody else for the civic battle. Granting this equipment, there are still other indispensables with which we must endow our teachers. They must be given some idea of the conditions which they will meet in the groups which they will be called upon to instruct. Left each to herself, it would surely take the better part of her three days’ school time to plumb the depths of the general feminine ignorance of civics. Let us make a clean breast of it, to our prospective teachers at least, that the average woman in the average state doesn’t know how to mark a ballot, that she has never seen a ward committeeman to know it, that she doesn’t know a congressional ratio from either a hawk or a handsaw. Why should we be expected to know much of anything of the machinery of politics? It was none of our business until quite lately, and it was none of our mother’s business before us. Let us clear away the ground for a start, and let it be the ground-a place from which we may move. Let us meet our schools where they are. Let us attempt to show to every school an actual place where each may take hold on the great machinery of our civil government. Crass ignorance, then, is to be expected, and any teacher of the ordinary citizenship school has ,been poorly prepared if she is astonished at finding it. Indifference, second only to ignorance, she must know how to meet, and she must have many tricks in her bag with which to beguile the indifferent, and let it be known that if she should really succeed in the effort there are many students of po!itical science who would consider that the monster called “Political Evil” had been slain. Then let no one cavil if we urge upon our teachers the abso!ute necessity of using any legitimate means, avoiding only those which are unethical or which might bring discredit on the League, to arouse the indifferent. AROUSE AN INTEREST Tea parties, luncheons, dinners, fashion shows, baby shows, pageants, parades, dramatics, performances of school children, bakery sales, fairs, anything to “ketch your rabbit” which someone has given as the first requisite in making rabbit pie. The rabbit being safely “ketched,” the teacher’s energies must be devoted to holding him fast by the abounding life and sparkle ‘and practical value of her citizenship lessons. Citizenship must be as popular and as exciting as radio. July wheat, the time-signals, and Miss Johnson-at-the-piano must be made to pale into insignificance when compared with “Know Your Own Government,” “The Near-End of Politics,” and the “Doings of Our Town Council.” Graphic materials, demonstration lessons in which each member takes an actual and active part, round-tables, debates, prize essays and contests-local material-all these must be shown to be worth all the wit and wisdom the teacher can bring to them. A receiving apparatus must be installed at every avenue to the pupil’s mind. The ear has its large place when speakers and songs and slogans and concert recitations are in order, but the ear is not the only receiving station. An appeal must be made to the eye with

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192.q TEACHING TO TEACH POPULAR ADULT CLASSES 705 posters, with lantern slides, with graphs, with outlines, with blackboard sketches. Sometimes demonstration lessons that shake sleepy or too somber people out of their seats will bring life that eloquence alone cannot evoke. One of the best lessons we had, attempted to show the great importance of the office of ward committeemen. The members of the school happened to be seated at a dozen or more tables. The teacher called each table a city ward. Those at one side were arbitrarily named Democrats; those at the other side were willy-nilly Republicans. Sometimes the shock which comes from being party-labelied, without the consent of the labelled, is enough to set the intellectual pulses of the dullest member to throbbing. Each side of each table-ward chose its ward committeeman. These committeemen arose and joined their fellow committeemen in another part of the hall, the two groups thus formed making two county conventions. The two county conventions then chose their delegates to state and congressional conventions. These de!egates formed four conventions which gathered in still four other parts of the hall. The congressional conventions each nominated delegates to the two national conventions, which thereupon nominated two candidates for the office of President of fle United States. Thus in thirty minutes was established a vivid demonstration of the actual responsibility for the choice of the most powerful rulcr in the world -The President of the United States. Each actually saw her power as a citizen, delegated to her ward committeeman, and saw that power rise on up to the White House. Never again wiU that group complacently sit aside when ward-committeeman is to be chosen, saying, “Ward-committeeman--what is that?” No one went to sleep, for one might be elected to something or other at any moment. Attention is the stuff of which memory is made. Life, life and yet more life, activity, interest, enjoyment, the feeling that citizenship classes are the places where the woman voters of America may tune-in on power, real political power-this is the spirit which we try to instill in the teaching of citizenship. CMC CONTACTS Perhaps the problem of community organization or lack of it, which means so much to the citizenship teacher, should be one of the first to be brought to the attention of the prospective teacher. Ways of gathering the unorganized have already been suggested, but where organization or overorganization already exists, our teachers should early understand ways of taking advantage of such situations by offering their attractive wares as part, not the whole, of the club menu and of making their course the high-water mark of the club year-the means of entrance to established audiences in subsequent years. They should know how to establish civic connections with leaders of civic departments of existing clubs, connections which will prove steady sources of information, which will far outrun any one or three-day independent schools of citizenship. The effort to reach the programs of existing clubs has often had, in Illinois, the largest civic harvests. Some of the activities of our citizenship schools may seem to be superficial advertising tricks, as somewhat remote from the serious study of “e5ciency in government,” as mde and elementary. But let us not forget that interest is the Grst requisite in good citizenship, and that whatever works to produce it is good, and whatever won’t work to produce it is no good, however dignified and grand and aristocratic the plan may look on paper.

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THE VICE PROBLEM IN BOSTON’ BY ROBERT A. WOODS South End House, Boston Ten years has brought very subdantial progress in the jight against .. .. .. prostiiution. :: .. BOSTON belongs in “the land of contrasts” so far as its reputation in the matter of sexual morality is concerned. Over against its Puritan background and what remains of its Puritan consciousness are the conditions that go with a metropolitan gnd cosmopolitan population approaching two million. While the prevalent Boston view has been that since the tolerated prostitution district was broken up thirty years ago, the situation in Boston has been far from extreme, it has been a common experience to hear from those who follow such matters from a more or less bohemian point of view that Boston was one of the worst cities in the country. Something like a true estimate would be found by counting out, on the one hand, the effect of Boston complacency and, on the other, a certain tendency on the part of visitors from New York to give Boston a shock, and striking a balance between the two resultants. PROGRESS BEGAN BEFORE THE WAR The population of the urban region is divided among some fifty separate municipalities, with police authority and most of the licensing power in the nuclear city of Boston exercised by the state. The state authority is exercised conservatively from all points of view. While it has been-with a single exception, to be referred t-notably free of any cause of gross scandal, it has been slow to undertake aggressive measures. .. .. .. .. .. .. .. .. .. .. .. .. The most striking thing that the police authorities have done since the radical action just mentioned, was the quiet but broad-scale and largely successful policy of Commissioner O’Meara for the closing of scattered organized houses of prostitution during the years before the war. This came at the time of the appointment of vice commissions in various cities, and led up to earnest consideration by the Boston Social Union, a federation of twenty settlement houses, of the combined evil of prostitution in hotels and apartments in the tenement districts, with low-grade cafks as market places for it. At the instance of the Union, G. J. Kneeland and his associates, who had conducted investigaiions in Chicago and many other cities, came to Boston and made a limited inquiry into these particular phases of the problem. Their report, in specifh detail, provided ample evidence to prove that a dozen hotels were providing facilities on a large scale for prostitution and between thirty and forty liquor-selling cafbs were freely affording the opportunity for negotiations preliminary to it. Here was a situation that particularly and pointedly challenged the licensing board which, appointed by the governor, was year after year authorizing these places to continue. As the result of considerable public agitation of the subject, the present 1 The third in OUT series of articles on the municipal treatment of vice. 706

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19331 THE VICE PROBLEM IN BOSTON 707 writer was appointed a member of the licensing board; and shortly afterward, with another new appointment, it became possible to establish a definite program for the remedy of these evils. After consultation with Frederick H. Whitin, secretary of the New York Committee of Fourteen, a regulation, or “request” in official language, was made calling for the refusal of hotel accommodations to all couples appearing without baggage. This had a marked effect. Two large establishments found their business seriously embarrassed, and a number of others were crippled in spite of a succession of devices to circumvent the order. This phase of the prostitution evil was thus dealt a blow from which it has never in any considerable degree recovered. THE CAF~S The question of the cafes was more complicated. They were licensed for the sale of liquor on the premises, and everybody had a right to resort to them as guests at their tables. Solicitation seemed an unavoidable byproduct. The police commissioner refused to post bis young men in the midst of such temptation. He held that the licensing board had its own remedy. Finally the board decided that as the cafe proprietor had the right to assign his guests to specsc parts of his establishment, it was within the range of its powers to instruct him to assign unaccompanied women to a room in which no unaccompanied man should be allowed to elher or remain. The effect of this order was electric. No objection could be made to it as interfering with the sale of liquor to all comers. The nature of the objection wm hard to phrase; but it was widespread and violent. The board hdly had the most unequivocal testimony as to the effectiveness of their order when the officers of the waiters’ union appeared, and stated that if the order was persisted in it would drive five hundred women onto the street, and there would be such open solicitation as Boston had never known. Fear of the police, however, very largely prevented this result, and the board had the satisfaction of learning from the poIice captain in the district most affected that there was less solicitation on the streets after the order went into effect than before. As a matter of fact many of the women habitues of the caf& left the city. There were diBculties, of course, in having this order obeyed. A number of proprietors urged that they did not have adequate separate rooms, and they were allowed to put up substantial curtains. The worst place of all, which was owned by the leading brewery combination in the city, continued to disobey the order, and was finally closed. This served as a climax which led the brewery interests to organize their then great political power to secure the overthrow of the policy of the board and the displacement of the two members who made its active majority; which they were able to do. This was in 1915. The whole situation was the subject of a great deal of publicity; and while a new atmosphere of tolerance was immediately created, the old condition of things in the cafb was never fully restored. When the United States entered the war, and representatives of the Army and Navy were assigned to Boston to see to the protection of the morals of the uniformed men, the suggestion was made by them to the licensing board that the separation order be once more put determinedly in force; ‘an intimation which the board was quick to accept and adopt. This was the state of things at the time when national prohibition went into effect.

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708 NATIONAL MUNICIPAL REVIEW [December THE LODGING HOUSES War-time administration brought to a head a movement which had been developing for a dozen years to deal with phases of the lodging-house problem that are conducive to prostitution and related forms of sexual immorality. The South End of Boston has 2,500 lodging houses, probably the largest compact grouping of the sort to be found in the country. The South End House in 190'2 established one of its centers in the midst of this situation. When a few years later it published the results of its preliminary studies, the book was the first in any language on the subject? The first step taken was the establishment of a room registry, which soon had two hundred houses on its list. These began to be regularly visited to see that they kept up to a proper sanitary and moral standard. In a district where everything seemed to be going down hill, a new kind of confidence began to be apparent. On every block in the district there came to be one or two householders who would exercise surveillance and report causes of serious offence; which were then dealt with, as far as possible, without embarrassment to the informant. Next, a district improvement society was organized through which the responsible people of the district came to know one another and learned to work successfully for the amelioration of the sanitary and moral conditions that pressed most objectionably upon them. Then a Rooming House Association was formed, through which lodging-house keepers were able to act together in fixing proper rates for rentals, in the purchase of supplies, in many detailed matters affecting their business, and in creating a better By Albert B. Wok Harvard University Press, Cambridge. 2 The Lodging-House Problem in Boston. morale for life in lodging houses. These organizations have kept on continuously year after year, and have been the recognized means of bringing in a distinctly better day in the district. With honest and fairly efficient police action, a very decided change for the better has been brought about so far as forms of organized prostitution are concerned. Somewhat the same system has now been introduced in all the other sections of the city in which there are lodging houses, with the co:operation of various institutions specially interested in those districts. And during the past few years, the method has been adopted in some seventy American cities, largely under the initiative of the Y. W. C. A. A very important phase of the lodging-house problem in Boston is that which affects the students, of whom it is estimated that there are 20,000 in the metropolitan district away from home. Until recently there were some of our most reputable educational institutions which assumed little or no responsibility for the way in which their students were housed. The spread of knowledge and concern about the lodging population 'has brought the authorities of most of the educational institutions to a conviction that, when they do not provide dormitories, they must at least protect the young people under their care from insiduous influences in the households where they reside. There is, however, still a surprising residue of indifference on this point. The general evil result of this attitude is clear enough to anyone who will take the pains to study the situation. Reports from rescue homes show not a few students among their inmates. After the original South End House study of lodging-house conditions there were two at intervals under public auspices, one made by the municipality, the other, with a special leaning toward

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19231 THE VICE PROBLEM IN BOSTON 709 problems of vice, by the state. In both cases, as the result of suggestion from those who were in, though not of, the sit.uation, the licensing of lodging houses was strongly urged. This proposal was continuously objected to by the lodging-house keepers. They protested that they could not have their homes entered by the police. They were certain that the character of their establishments would be injuriously affected. When the war came it was suggested to the special officers of the War Department that a license system would be a definitely useful protective measure. Through their initiative, the state government finally enacted a measure providing that every house sheltering more than five lodgers must be licensed. The landladies, when they learned that this was a war measure urged by the national government, at once acceded; and have been, on the whole, well satisfied with its operation. The registration requirement, taken with the true name” law, has a substantial tendency in deterring couples from resorting to lodging houses for immoral purposes. It has at once given protection to the large majority of good houses and provided a weapon of great value to the police in driving undesirable establishments, organized or not, out of business. The police authorities testify that it has been one of the most important measures of many years for checking the spread of immorality in the lodging-house districts. 66 POLICEWOMEN The excellent system of surveillance by women officers during the war, with particular attention to Boston Common, brought prominently to public attention the need and opportunity of regular women members of the police force. A few such have been provided. They are, however, considerably restricted in their duties; and those who are interested in this development are by no means satisfied with the situation, even as a beginning. .A School of Public Service has been organized partly for the training of women for appropriate police duty, and it is hoped that within a few years there will be such a competent body of candidates as will make it easier both to create and to maintain opportunities for them. In this way progress will be made from a fresh angle against such street solicitation markets as still persist. Responsible women are deeply interested in this new field of civic service, and are determined to work out by patient and intelligent effort the possibilities that can be achieved by a corps of women officers who shall, overlapping as little as may be upon ordinary police functions, provide the full protection of law against the moral dangers that beset girls and young women at every turn in the open life of the city. EFFECT OF PROHIBITION Prohibition has largely completed the work of doing away with immoral hotels and caf6s. It represents a very important net gain that even though there is the much discussed drinking by way of bravado among young people, the open resorts whose deliberate purpose was to provide all the incitements to immorality have disappeared. A few attempts are being made to keep up cabarets; but since the sale of liquor has disappeared from all such resorts they are not able to provide the kind of incitement which made them attractive as places for the preliminaries to prostitution? It should be said, also, in this connection that the Iicensing s There is very little association of prostitution with the illicit liquor business; though one sees signs that this may develop. However, the social evil is facilitated rather by wine and beer than by so drastic a drink as bootleg vhisky.

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board is administering its dutiesincluding the supervision of lodging houses-in a way which, while lacking the aggressiveness in advancing the public welfare that should characterize an administrative authority, is certainly void of offence. This is one of many points at which the achievement of prohibition in destroying the organized political power of the liquor trade is producing marked results. The so-called “parlor” house has practically entirely disappeared. The background of prostitution is now largely found in the apartment houses in some of the newer parts of the city. A combination of the advertising columns of the papers with the telephone is considerably used to open the way to the knowing; and there is a noticeable amount of solicitation on the main thoroughfare through the apartment house section. But prostitution has certainly lost much of the appeal that can be made through organization and publicity. There is a special police squad which raids such places occasionally; but the situation is difficult to reach, and the risk is apparently not great enough to be a serious deterrent. It is difEcult to secure direct evidence under conditions which allow of so much secrecy, and which, in the nature of the case, so often limit even the preliminaries to the violation of the law to the cognizance of the two individuals concerned. The apartment house does not provide the safeguard to public interests that is secured in the lodging house through the responsible licensed proprietor and manager. In the apartment house the janitor is usually the resident representative of the owner, and the personal conduct of the tenants is a matter over which he cannot and will not exercise control. In the total, the population of an apartment house section is often less attached and less 710 NATIONAL MUNICIPAL REVIEW [December responsible than that of a lodging-house district, and the local sentiment essential to effective policing even less in evidence. Of recent years, small apartments are being increasingly taken by women in twos and threes who formerly lived in lodging houses, including commercial employees in the inferior ranks and an increasing number of students. For continued violations of law, there is, of course, the abatement act, but it is so unfortunately worded and requires such a succession of evidence that it is hardly available. There is a similar handicap in the wording of the law against idle and disorderly persons which makes it difficult to secure the conviction of persons engaged in street solicitation in the apartment-house region. AUTOMOBILES The automobile is increasingly becoming a moral danger as well as a physical one. Offering special facilities for solicitation on the part either of men in the machine or of women on the sidewalk, it can shift the scene quickly to road houses out of town or to isolated places in the open country. The automobile itself, even in the city, is increasingly utilized for immoral relations. The peril of the “joy ride” to girls simply out for adventure is illustrated in not a few tragic cases. It is felt that this general situation is one at which women protective officers could render telling service. DANCE HALLS It seems clear that dance halls are not resorted to at present to a large extent by the prostitute. The special evils which they represent come of the free and indiscriminate mingling of young people who would ordinarily maintain quite a range of moral standards. The type of dances and of

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19931 THE VICE PROBLEM IN BOSTON 711 music has somewhat improved. But there is still a sad amount of evidence in the rescue homes and in the courts of the train of tragedy which has its start in these resorts. It is also not without very definite psychological significance that a.s the dance hall closes, women of the street who have not been inside seem to find at its exit one of the surest opportunities of solicitation. Police are present at all dance halls, but their services are quite perfunctory. Women ofEcers should be on hand, and could do effective work in keeping out objectionable persons, and generally protecting the well-meaning. It has been suggested that known-sex offenders found in dance halls should be arrested; and that the dance halls should close at eleven o’clock. A representative group, including social workers, public officials, and dance hall proprietors, has been carrying on a series of discussions with regard to the dance hall problem, and have already served to disseminate a sentiment favorable to better standards. Among other things, objectionable forms of dancing are being opposed by attractive presentations of the better way. This committee includes a representative of the high-class hotels, some of whose dances are more objectionable as dances than anything that can be found in the dance halls. And even the incidental evils are likely to be greater where the prohibition law is openly defied by the guests, as is sometimes the case in connection with society balls. One of the most decisive conclusions in this whole matter is that the contest is between a normally satisfying kind of home life and neighborhood association, on the one hand, and the excitement of the down-town streets on the other. We hesitate before the cost in money and service involved in securing the former, dull to the fact that the latter is still more expensive. The settlement worker sees a parable which poignantly sets forth the principle in the young girls without wholesome background for their lives-and this almost unerringly so-who resort to Boston Common, where they meet the sailor boy with his starved social lie. The young girl is going to have her flingnature decrees it. When she takes the fling will she find herself in a network of neighborhood acquaintance, loyalty, chivalry and surveillance, with discerning and continuous initiative to give the courting period some sort of inspiriting resource? Or is she to cast herself helplessly into the city’s downtown moral whirlpool? THEATRES AND BOOKS The more or less cynical outsider tells us that Boston audiences crave a low type of theatrical exhibition; but the dramatic censorship, which rests with the mayor’s office, is exercised with a considerable degree of vigor, as the political following which may be tolerant of many other things is inclined to be definitely stern about this. Where City Hall lags, there is an active and judicious group of citizens which quite effectively intervenes. The Watch and Ward Society, in addition to keeping up the attack against prostitution and its preliminaries, has worked effectively against pornographic printed matter of all sorts. Its latest achievement, and one of its best, has been the organization of a protective committee of booksellers who endeavor to reach a common-sense basis as to books which they will agree together not to sell. A committee has been formed under the auspices of the society, with Dr. Morton Prince as chairman, to advise as to doubtful publications seeking a general circulation. On the side of specific positive 2

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713 NATIONAL MUNICIPAL REVIEW [December education, there is the work of the Society for Social Hygiene and that of .the state department of health in relation to venereal disease. In general, at the risk of falling too easily into the self-satisfied Boston attitude, I feel that ten years has brought very substantial progress in the fight against prostitution. Certainly prohibition has secured an indisputable result in reducing all arrests for offences against chastity by nearly one-third; and this result shows itself in the statistics of all our public and private agencies for the care of girls and women. The greatest of all desiderata has always been felt to be the prevention of recruiting for the prostitution ranks. That is being accomplished to a degree which at the beginning of the century would have seemed rather utopian. OUR LEGISLATIVE MILLS V. THE LEGISLATIVE PROCESS IN ILLINOIS The congestion at Ihe close of the session analyzed and explained. BY LEONARD D. WHITE Uninersity of Chicago I MANY features of the general assembly of Illinois suggest themselves for discussion, from among which has been selected an account of the lawmaking process, The extraordinary congestion of legislation at the end of the session which is characteristic of Illinois is the result of a complex of causes, the complete analysis of which has never been undertaken.’ This study is a preliminary attempt to ilIustrate the “end of the session” rush and to point out some of the reasons which appear to contribute to it. Although cold figures are quite inadequate to picture the closing scenes of a six months’ session in which a weary legislature holds continuous meetings for fifty or sixty hours, and records itself in a monotonous and apparently endless series of roll calls 1 See, however, the following: Dodd and Dodd, Government in Illinois, pp. 151-149; Bogart and Mathews, The Modem Commonwealth. on bills read by title by an exhausted clerk, while some members sleep in nearby corridors in order to relieve their fellow legislators during the night, it may nevertheless he propr to begin an analysis of causes by a statistical picture of the result. The following tables (which may tk skipped by the judicious reader) indicate the progress made by the general assembly on twenty specified dates, usually at intervals of one week. In Table I the steadily mounting figures from left to right indicate numerically the progress made from week to week at each stage of procedure. Thus the figures in stage one show the steady introduction of bills and their reference to committee, in stage six the receipt of a bill by one house from the other, in stage ten final passage by the second house. RATE OF PROGRESS In order to bring out more clearly the rate of progress, attention should

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TABLE I 'NUMBER or BILLS HAVINO PASSED THROUOE CERTAIN STAOES AT CERTAIN DATES. ILLINOIS GENERAX AWEMBLY, 1923 14 5-5 ....... I1 (Digest Number). 15 16 --5-12 5-19 -__(Date). ................ 1-27 l8 9 3-25 3-31 681 793 143 209 105 163 81 113 37 52 29 47 14 24 9 16 8 11 6 8 367 10 4-7 836 219 178 132 69 51 28 17 11 10 5. Third Reading;. .... 6. Second Houae Intro-/ " 11 -__ 4-14 12 4-21 1. Introduction.. ...... 2. Committee Report.. .. 3. Firet Reading., ..... 4. Second Reading .... 105 5 5 3 952 297 231 187 102 0-3 176 6 8 4 3 3 1 1 1 .. .. 1,045 357 288 226 126 1.166 533 438 314 181 165 112 78 50 33 29 1,228 1.320 630 735 527 608 358 429 200 246 189 235 150 175 112 140 79 111 34 57 32 41 -I74 41 28 21 14 10 110 55 31 28 20 10 duction.. ............. 7. Committee Report. 8. First Reading.. ....... 9. Second Reading.. 10. Third Reading. ....... 11. Governor's Action. 4-28 .... ..... .... 1.110 440 371 269 157 133 86 53 41 29 21 _. duction.. .......... .I .. 7. Committee Report. 8. First Reading.. ....... 9. Second Reading.. 10. Third Reading. ....... , .... ..... 6-26 1,366 804 664 475 261 248 203 150 123 82 51 11. Governor's Action. . .I 6-2 1,388 871 705 579 341 304 231 180 146 71 61 __ .. 6-9 1,398 927 759 857 426 371 318 247 180 85 82 __ 6-20 1,404 1,403 777 686 526 483 476 436 419 380 358 ~ NOTE ON PREPABATION OF TAFJL~. The LepishCine Synopeis and Digest, of which twenty numbers appeared during the last session, givea week by week the status of each bill. The normal stages thro h which a bill paaees are eleven: 1. Introduction a3 reference to committee. 2. Committee Report.. 3. First reading. 4. Second reading. 6. Third reading and paesage. 6. Introduction in aecnnd house and reference to committee. 7. Committee report. 8. First readinq 9. Second reading. 10. Third reading and final paseage. 11. Approval or veto by the governor. These stages are not entirely incluaive; occasionally a bill is referred to two committees, sometimes recalled to an earlier stage, nometimu goes to conferenca; but substautially This table is made up by ana&sia of each Digat. the whole work of the Assembl can be compreaeed into these stages.

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NATIONAL MUNICIPAL REVIEW [December gNA-OONNO 3 0 5 f tm N ~~~ ............ ..... El.... .. ....... *..... . ..... ..... -0::::: : be turned to Table 11. This table is made up by subtracting digest one from digest two, stage by stage, and gives, therefore, the exact number of bills moved along at each stage during any specified period. Thus during the interval covered by the second digest, 71 bills were introduced, one was reported from committee, one was given first reading, and so on. The vertical totals give week by week the number of moves made all along the line; thus during the interval covered by the ninth digest, 336 moves were made, while during the interval covered by the third digest only 61 moves were made. The horizontal totals give the total number of bills which passed through any given stage; thus 1,404 bills were introduced in the two houses, 380 went through the stage of final reading in the second house, of which 358 were passed and sent to the governor for approval or disapproval. WHAT THE TABLES SHOW Certain facts appear from considera1. The peak loads stage by stage tion of these tables. are approximately Stage 1. ................... .March 9O-SO Stage %3. ................. .May 7-19 Stage 4. ................... .May 14-June 9 Stage 5-6. ................. .May %+June PO Stage 7-10. ................ .June 11-June 2Q Stage 11. .................. .June %&June SO This indicates a steady accumulation of business toward the end of the session. 2. Bills were introduced without any appreciable slackening until May 19, or throughout five of the six months of the session. 3. Each house was primarily occupied with its own bills until June 5, the twenty-second week of the session. No substantial number of bills passed from one house to the other until the

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OUR LEGISLATIVE MILLS 716 week ending April 14, following which from ten to twenty bills were received by each house from the other. 4. No substantial number of bills passed the stage of second reading in the second house (stage 9) until the week ending May 12, the nineteenth week of the session. 5. The latter stages of the legislative process were very seriously crowded into nine legislative days commencing June 11. Of the bills that reached the second reading stage (stage 9), 239 were dealt with from June 11 to June 90, or 56 per cent; of 380 bills that reached third reading stage (stage lo), 295 were dealt with from June 11, or 77 per cent; and of 358 bills presented to the governor, 296 were dealt with from June 11, or 82 per cent. As the result of the work of the first 16 weeks, ten bills were sent to the governor; during the last nine days 996 bills were sent to him. From June 11 to June 20, a period of nine working days, 476 bills were killed, 100 bills were given final passage in the house of their origin, and 296 bib were sent to the governor. Forty per cent o the total movement of legislation came in the month of June. 6. The monthly record of final passage of legislation (stage 10) by the two houses throws further light on the same situation. Month Bilk paascd February.. .......................... S March. .......................... 6 April.. ............................. 91 May. ............................... 33 June. .............................. .318 This table indicates that from January to June, 62 bills were enacted, while from June 1 to June 20, 318 bills went through the assembly. 7. The daily record of final passage emphasizes the same point. Bilb June 12.. .............................. 10 1s ................................ 4 14. ............................... 28 15 ................................ Be 16 ................................ 10 18. ............................... 39 19. .............................. .1SS The general conclusions to be drawn from this evidence, which is typical of Illinois, is that on the whole the Rlinois general assembly does the work of general consideration of legislation in a leisurely fashion during an extended period running from January to about the first of June; whereupon it enters upon a period of making decisions in rapid succession, operating under considerable pressure of time and usually finally forced to enact legislation by wholesale with only the slightest regard for due consideration and sometimes with only a very hazy notion of what actually has taken place. During the notorious end of the session rush of 1921 it was charged without contradiction that over a hundred items which had never been considered by either house before were inserted by a conference committee ,in a general appropriation act. By rule adopted in 1923, a repetition of this scandal is made impossible. IT Of more interest than the statement of results is the inquiry about causes. Why do the citizens of Illinois view with each succeeding general assembly a recurrence of this unstatesmanlike way of doing public business? No single answer can be given to this question, for many causes seem to be at work. To some of these attention will be directed in the following paragraphs. WHY THE DELAY? By way of elimination it may be said at the outset that the delay of

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716 NATIONAL MUNICIPAL REVIEW Pecember , education 54, a total of 454. That is, four committees handled over one half the work. On the other hand, the legislation is not due to absenteeism, as the record of attendance is on the whole good; nor is it due to closely contested party conflicts, since the Republican party usually has a large working majority; nor is it due to excessive debate or filibustering. Neither can it be said that delay is due to a low standard of individual achievement among members, for while many members are inconspicuous, yet many able men sit in the general assembly. Nearly a month is consumed in making up the committees. This task devolves upon the speaker individually, who after his election makes a request of members for an indication of their preference for committee assignments. These are slow in coming in; and once in, usually present a difficult job in trying to satisfy the ambition of every member. Usually every member of the majority party secures a committee chairmanship in the senate; if there is a dearth of committees, new ones are created. Much of this delay might be obviated by definitely charging the party leaders in a newly elected assembly with the duty of making preliminary inquiries and assignments before the opening of the session. The committees are large and difficult to adjust to the needs of dispatch. Quorums are not always easy to get together, chairmen are sometimes lax, or sometimes fail to call committees in order to block a bill personally objectionable; overlapping membership makes conflicts di5cult to avoid except by frequent delay and postponement. The distribution of work among committees is extremely uneven. Some committees have almost nothing to do; other committees consider hundreds of bills. In all, 797 bills were referred to house committees in 1923. The judiciary committee handled 241, the appropriations committee 104, the committee on municipalities 57, on committee on civil service received 9, the committee on banks 8, on charities 4, and on military affairs 4, a total of 25. The legislature meets during the most of the session for only two working days. Travelling to Springfield on Tuesday, the members work Wednesday and Thursday morning, adjourning in time to catch the noon train to their respective homes or offices. These dilettante habits, accentuated by occasional tours of inspection, give way in June to an iron determination to plow through the necessary legislation by the date of final adjournment. There is a wholly inexcusable delay in presentation of matter for consideration. Examination of stage one indicates a steady flow of new propositions from January to June. For this members are in part responsible; occasionally undesirable legislation is withheld until the end of the session, when it is hastily introduced and quietly pressed through in the final rush. A substantiaf part of the responsibility, however, falls on the various interests and civic groups which are really responsible for much of the legislation introduced. Their programs are incomplete and crystallize frequently well along in the session, rather than at the beginning of the session. FACTIONAkNOT PARTY-DISPUTES A substantial retardation of the legislative process is caused by factional disputes. The dominant party in Illinois is divided into three factions, feeling between which at times runs high. These factional quarrels consume much time and energy in themselves, tend to divert the attention of

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19233 OUR LEGISLATIVE MILLS 717 the legislature from its real task, and not infrequently cause the defeat of meritorious legislation put forward by some one group. During the present session these factional disagreements have been responsible in part for an attempt to impeach the governor, for much unwarranted influence exerted in the legislative chambers by the governor, for the vigorous use of the veto power against appropriations and legislation favoring hostile camps and for fastening upon one house a control which probably was not desired by the majority. Of greater importance in the long run are certain deep-seated differences of opinion among legislators concerning the wisdom of important matters of legislation. Bills providing an eighthour working day for women in certain industries have been presented to the last two general assemblies, and have revealed wide divergencies of opinion, each supported by strongly organized interests. Long committee hearings (picturesquely referred to as field days), extended debates, and much parliamentary maneuvering have so far failed to secure any decision. The enforcement of the eighteenth amendment divides the legislature into a sharply defined majority and minority. The organization of a state police has projected an inconclusive struggle between organized labor and organized capital. The real or fancied divergence of interest between Chicago and down state, a matter vhich came to dominate the recent constitutional convention, appears in the work of the legislature. The difference of opinion between conservatives and liberals in the matter of the method of amending the state constitution furnishes still further matter of controversy. In short, as in most legislatures, there are fundamental differences of opinion which necessarily make progress slow. A feeling is more or less widespread among members of the general assembly that their bills have a more favorable chance if brought up for final disposition well toward the end of the session. This contributes materially to the congestion of business. This attitude is said also to be characteristic of the older members of the general assembly although in their case from a different angle. In the general excitement and turmoil of the last few days they are able with their command of parliamentary procedure and their unseen control of the legislative machinery, arising from their familiarity with its operation, to dictate what legislation shall go through and what shall be blocked. NO ORGAMZED LEADERSHIP Finally may be observed a general lack of well-organized leadership within the assembly. The governor has from time to time supplied what the legislature failed to produce in the matter of leadership; thus Governor Lowden from 1917 to 1921, and Governor Small during the session of 1921. This leadership is not, however, always forthcoming and has never been adequate to correct the tendencies to drift which seem to predominate. The lieutenant governor as presiding officer of the senate has been quite ineffective; the speaker of the house, on the other hand, has been able to forward business and within limits to guide the house. Too much depends on the accident of factional combiiation in selecting the speaker and on the personal qualities of the man to insure adequate leadership from session to session. An attempt was made in December, 1929, to get together a group of antiSmall Republican senators to take control of the senate. Although a sufficient number was at one time in

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718 NATIONAL lMUNICIPAL REVIEW [December accord, their ranks were soon broken and the senate organization fell into the hands of the Small faction. The caucus is not a means of unifying party leadership in Illinois, and indeed the party as an organization outside of the legislature exerts little influence. No systematic or comprehensive program of legislation is ever laid before the general assembly. Legislation is considered piecemeal, without any related sequences, in no logical order, and in no significant chronological order. Each member introduces whatever bills he has prepared, or for which he is willing to become responsible. The bill goes to a committee, which thereupon becomes master of its fate until it has been reported out to the house. The member who introduced it then resumes charge of the bill and undertakes to secure its passage through the house. If successful the bill goes to the other house and the member must resign himself to watch with patience the decision of another committee and the personal efforts of another member to carry the bill through the second house. If finally successful the hazard of the governor’s veto remains. The success or failure of the bill depends in part on its merit, more often on the pertinacity, popularity, or skill in negotiation possessed by its sponsor. He may be blocked by faction or his owxi ineptitude or by the opposition of the governor; but he can appeal to no organized leadership for assistance. There is no time limit on the committees; they may report at any time during the session and as a matter of fact some hundreds of bills are always laid on the table at the end of a session without any report, Unless the member responsible for the introduction of the bill urges committee action, the bill probably will lie undisturbed throughout the session; and even though he urges action, the committee may fail to respond. In the matter of financial legislation recent statutes have evolved dehite responsibilities. An executive budget is drawn up for the governor by the director of finance and sent to the appropriations committee, the chairman of which has built up an effective personal leadership in finance matters. This is reflected in the history of the various appropriation bills of the recent session, of which seven were carried through the house in March, twelve in April, thirteen in May, and nine in the early days of June. Making due exception for the work of the appropriations committee, it remains true that on the whole the state legislature is leaderless: and deprived of energetic direction it tends to drift until it finally comes to a day of reckoning. The accounts are then balanced by feverish activity combined with a minimum of consideration. 111 GENERAL RESULTS Some of the result? of the legislative process in Illinois may be suggested in conclusion. Omitting to speak of the considerable physical and mental strain which members impose upon themseIves and the undignified and sometimes unworthy scenes which accompany the final hours of the session, we may turn attention to some of the more general results. The congestion of legislation described above necessarily leads to lack of proper consideration of measures some of which make their first appearance only in the last week or ten days; civic organizations, the public, have no opportunity to learn what is transpiring and consequently are unable to make their voices heard. There develops an admirable opportunity for deception of the mem

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19331 . COMPARATIVE TAX RATES 719 bers themselves, who are frequently seen rushing about to find someone who will tell them how to vote. It is said that not more than three persons really knew what was in the Chicago charter enacted by the Illinois Assembly of 1907. “he situation lends itself to manipulation. It likewise lends itself to control by the old-timer, who knows the parliamentary game, who keeps his head and who senses the feeling of the assembly in a way quite impossible to the “green” member. At this timeare discovered the possibilities of the conference committee whose report, delivered at the last moment, is never COMMENTARY UPON TAX RATES OF understood by a majority of those voting on it. The governor’s desk is swamped with bills awaiting his signature. Governor Small had over two hundred to deal with in the last two weeks of the recent session, requiring him to give consideration to nearly twenty per day. In Illinois the new legislation normally takes effect on July first; the great bulk of it is approved by the governor in the week immediately preceding; and the citizen finds himself in the awkard situation of being subject to the penalties of a statute the publication of.which is still a matter ,of two months in the future. THE COMPARATIVE 177 CITIES, 1923 BY C. E. RIGHTOR Ddrd Bureau of Governmental Rmearch One year ago (Decmb&, 1922) the “~m” published a tabulation of the 1922 tax rates of 32 cities in the United States ad Canada, gimng the rates in detail by purpose and the total rate adjusted upon a unijm basis for comparison. This year, the Detroit Bureau of Governmental Research, in collecting and tabulating the 1923 tax rates, has expanded the list to include 165 cities of the United Statm and 12 cities of Canada hamng in excess of .. 30,006population. : : .. THE tabulation was prepared upon the same basis as in previous years. The primary purpose is to make available a statement oi’ the total tax burden upon property in each city, expressing that burden in tax rates per $1,000 of uniformly assessed property. The subject is of particular interest at a time when popular impression is that contributions toward the support of our local governmental units are an unduly heavy drain upon both individual and business. .. .. .. .. .. .. .. .. .. .. .. .. To arrive at a comparable basis for all cities, it was necessary to adjust the given rates to a uniform 100 per cent basis, due to varying legal bases in some states; further adjusting according to the estimated practical application of the legal basis. Within the five groups of cities recognized by the census bureau, the cities were then ranked according to the amount of the tax burden so ascertained. The resulting rates should afford a basis of comparison, particularly

PAGE 24

740 NATIONAL MUNICIPAL REVIEW [December among similarly sized cities, while a detailed analysis of certain rates should prove salutary for many cities. The end sought seems a direct and simple one, yet the compilation of the figures belies the assumption. In general, it is well to paraphrase the adage: “A little knowledge-of tax rates-is a dangerous thing.” The entire table contains warnings to interpret the figures with understanding and use them with caution. In each phase of the compilation, distinct problems and conditions arise to affect the final figures. TAX-LEVYING DISTRICTS First, there is the problem of the diversity in taxing units, each with its own fiscal period and tax-levying and collecting time. A city’s fiscal period begins at a certain date, while the other subdivisions may have different fiscal periods. Because the city is the predominant unit, usually with the highest rate and of most direct concern to the citizen, its fiscal year governs in the tabulation. It is essential, however, that the tax-collecting period for the year 1933 should begin prior to September 1, in order that the figures represent the tax burden during the current year. The rates for the other political units are entered for their fiscal period that best expresses the 1923 burden. In some cases the city is the taxing unit for both the municipality and the schools, as in Massachusetts and New York. It is then difficult to get the split of the rate for the two purposes, although this might easily be furnished upon the basis of budget requests. Again, schools may be allotted a percentage of all municipal revenues, as in Atlanta, when the separate rates must be estimated. Frequently, the county and state levies are combined, although division of the rates should be possible also upon the budget basis. Taxes are occasionally collectable prior to the year they are to finance, but more often from one to eighteen months after. Many Massachusetts cities collect taxes when the fiscal year is nearly expired, with the result that at the beginning of each year the fiscal officer is authorized to borrow on short-term loans in anticipation of taxes, the discount on such rates in 1922 in one city of 40,000 amounting to $22,000. Hamilton, Ontario, is an extreme case of delayed collection. There is a variation in the number of governmental units property in different cities is called upon to support. This is evident from the table and notes accompanying it. As examples, Pennsylvania and California have no state property tax, and Rhode Island has no counties. Virginia cities are outside the boundaries of counties. Whether these reliefs from governmental machinery result in financial relief to the taxpayer is a problem meriting consideration. CIASSIFICATION OF PROPERTY A second factor affecting the total tax rate is the tendency to classify property. Not in all cases reported in the table can the total tax budget be ascertained by applying the rate to the assessed valuation. This is due to the fact that realty is taxed at one rate, while personalty may be taxed at a lower rate. Further, there is in some instances an effective, and in others a permissive, reduction from the general realty rate for buildings, while land continues to bear the full rate. In the case of personalty, intangible property may enjoy a substantially lower rate than tangibles. These gradations are, of course, effective as the result of extensive experimenting in municipal

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19333 COMPARATIVE TAX RATES 731 taxation, both in United States and Canada. Philadelphia, Baltimore, Pittsburgh, Duluth, and Calgary offer a field of study in this matter. The first two cities named continue to recognize different rates for what are termed urban, surburban and rural properties. New York City exempts certain residential construction for a term of years, while Pittsburgh taxes buildings at a percentage of the rate on land. PERSONAL PROPERTY A88ESSMENTS There is a wide variation in the proportion of personal property reported in the assessed valuation of cities. This circumstance is accounted for in part by the classifkation for taxing purposes, lower rates tending to bring out the personal property, but it depends also in part upon the local methods of assessing. The New York cities report a personal assessment of less than one per cent, due to the substitution of the income tax for the property tax on this form of wealth. Some cities are enabled to report a considerable assessment of this class because the state has not extensively appropriated this source of taxation to itself. It seems possible that the Ohio cities have run their personalty high in order to counteract the handicap of an unduly restrictive tax limit law. This brings to mind the conclusion of Lawson Purdy, former president of the New York Department of Taxes and Assessments: “The easiest, safest way to amend a constitution that limits the power of taxation is to take out all the limitations. Amend with a blue pencil.” TRUE VALUE IN ASSESSING As a general proposition, we are hypocrites in the matter of assessing at “true cash value.” The constitution of most states calls for this basis of assessment, and pubtic officials are loathe to report any deviation in practice. The wide range of estimates from the various cities, however, indicates that the application of the constitutional provision is seldom observed. Yet more or less serious attempts are being made to adhere to the standard, and no general average may be fairly applied to all cities. Cities subject only to local taxation can afford to apply the law more rigidly than those having a state and county tax. Growing cities hard pressed for additional taxing or bonding margins may enforce the law in this respect. It is diEcult for large cities to keep abresat of current market values. Affirmed honesty in applying true cash values, for example, places the New Jersey cities well above the average. Dallas, on the other hand, concedes an unusually low basis. Failure to reassess currently affects satisfactory compliance with the legal standard,-Dayton, for example, reports having had no general reappraisal since 1910. Here indeed is one index to the efficacy of the assessing procedure in any city. THE R4NGE IN FINAL UTES The figures speak for themselves in respect to the range from high t.o low rates as adjusted for comparative purposes. The highest rate reported is for Pontiac, $46.99, while Birmingham is lowest with a rate of $11. The average rate for all cities is $95. Assuming the accuracy of the high rates shown in the table, the question arises, What is the maximum tax rate on property? May we expect local governments to increase the annual exactions from the prevailing 2.5 per cent to as high as 4 per cent? The story of good government to

PAGE 26

COMPARATIVE TAX RATES FOR 177 CITIES OVER 30,WO FOR 1915 COMPILED ai ni~ Dmorr BVIIEAW or GOTEU-AL ~%CMCU. INC. ,'22 From Data Furniahsd by Members of the -I (12.13 37.90 17.50 16.92 7.15 12.70 12.33 29.70 16.00 16.60 26.84 21.11 Group I Population, soO,000 and 1. New York, N. Y.'. . . . over , 10.97 4.50 .... 2.88 4.18 2. cbjenPo. Ill.2 . . . . . . . . 3 Philadelphia. Pa! . . . . p: Detroit. Mich! . . . . . . (27.40 100 77.40 SO 27.00 100 27.62 100 24.90 100 6. Clevelnnd. Ohio L. . . . . 6. 8t. Lo&. Mo.' . . . . . . 7. Boston. Maao.7 . . . ... 0. Baltimore, Md.' . . . . . 9 Pittsburgh Pa. ... . . . 10 ~oa AngelA, calii.' . . 11. BUBalo, N. YJO . . . . . 12. BBn Fraucko. Calif." 2,701,705 1,823,779 993,678 796,841 772,897 748.060 733,826 588.343 506,775 606.676 578.1173 457,147 437671 414.524 401,241 380.582 314.410 315.312 291.750 258,288 256,491 243,164 Qroup 11 Population. 300,000 to m.ow 2.84 1.30 ... . .... 6.47 .... 13. Milwaukee, WU.. . . .. 14. wsshiogtotoa, D. Cdr . 15. Newark. N. 3. . . . . . . 16. Ciw'mati. Ohio" . . . 17. Minneap~is. Minnl' . 18. Kaneaa City, Mo." . . . 19. Seattle. Wash.16. ..... 25.00 24.70 100 100 29.70 100 32.25 100 3D.80 100 32.31 100 Group XI1 Population. 100.000 to 300.W 30. Rochester, N. Y." . . . 984,261,880 1677 861 744 1:3Mh18812 996 938 610 722:445:ZW, 028:86r:m 21. Portland. Oram ... ... 22. Denver, Colo. . . . . . . , 13. Tvledo, Ohio'' . . . . . . 85 90 66 100 ii 5,620,0481 $10,812,650,9231 98 .... 1.79 .... 3.94 4.17 4.13 1.00 13.41 1.40 9.40 4.48 4.17 34.70 100 29.18 100 18.20 67 37.80 100 22.14 100 65.211 38 27.37 100 88.13 50 33.63 100 45.20 100 27.63 100 22.20 100 1,666,241,773 77 3,044.231,051 76 2,109,989,410 I 78 616,315,097 677,070,755 928,521,808 578,971,103 739.997.2Wl 804698450 232,851,469 57d.oad,000 83 77 50 80 70 08 88 85 e;&?;; Nov.. '22 May, '29 Ap. 16 Dec. 1 June Dec. Jan. 1 June 1 (f23 May 1 Jan. 1 Den.. 'a { June, '23 [ &26" 10.66 8.11 18.20 .... 14.31 9.7~ 10.57 ii% 6.36 6.21 64.40 27.87 14.16 12.33 12.47 17.10 10.60 8.85 11.79 4.39 6.10 I 378,742,863 295.925.345 377,025.300 468.532,G40 2 23 24 24 37 15 10 34 25 17 23 50 20 30 32 32 15 17 35 32 100 83 65 68 Jan. 1 Jan. 1. '22 Jan. 1 July 1 Jan. 1 Apr. 1, '22 Feb. 1. '22 Jan. 1 Jan. 1 July 1 July 1 July 1. '22 Jan. 1 July 1, '22 Jan. 1 Jan. 1 JM. 1 Apr. 16 Jan. 1 Jan. 1 Dec. 1, '22 Jan. 1 Jan. 1 eouectlon of D2d 1 ntyl Bchool I-I{ 2 ! Jan. 2 Jan. 25 June 15 '23 Oct. 1-bee. 31, Nov. 1, '22 Jan. 1 Jan. 1 Oct. 1 July ? Oct.. 22 Jan.. '23 15.80 27.70 0.50 6.55 5.20 8.80 8.04 11.60 16.30 6.45 .... .... Debt $6.81 .... .... .... 6.81 2.20 .... .... .... .... .... 7.14 3.85 .... 4.30 6.48 .I.. .... .... 3.64 .... .... 6.84 _I suntp. $0.82 7.30 2.27 .... 1.m .... 1.49 4.75 6.80 .... .... .... 4.77 .... 6 4 1.52 6.75 4.30 12.69 3.79 8.10 2.51 a.70 _I (27.40 38.70 27.00 27.62 24.90 25.00 24.70 29.70 32.25 39.60 32.31 34.70 29.18 12.19 37.00 22.74 24.88 27.37 34.07 33.83 45.20 27.63 22.20 94 75 90 80 80 90 100 80 85 50 80 50 85 100 100 100 100 86 oe 80 60 80 80 3 l; t25.76 29.02 24.30 22.10 19.92 22.60 24.70 23.76 27.41 19.80 25.85 17.35 24.80 12.1~ 37.q 22.74. 24.86 23.26 32.70 !6.91 !2.10 J.76 !7.ia 4 1 6 9 10 8 6 7 2 11 3 12 4 7 16 6 2 a I4 12 27 33

PAGE 27

. 16.16 9.50 14.00 23.66 18.80 lD.00 8.40 10.26 16.52 10.00 12.00 14.00 12.00 15.01 12.89 17.52 11.76 16.00 15.90 10.19 23.14 6.40 16.83 13.65 11.67 22.92 16.00 11.40 11.50 22.50 24.30 16.00 10.50 22.00 18.00 8.88 21.28 8.88 12.20 18.54 13.05 20.90 9.90 . $6.87 7.60 6.00 17.78 17.35 7.46 6.40 12.00 7.80 5.00 7.50 10.00 6.00 9.29 7.31 9.M 7.80 5.00 16.00 11.38 2.49 4.63 8.67 15.97 6.10 9.78 13.80 8.31 .... .... .... 3.00 10.00 10.66 1s:M) 22.17 13.43 14.00 7.11 11.45 6.00 15.30 . Oet . 1 . '22 Jan' Sept . 1 . '22 Jan . 1 . July 1 Jan . Jm.1 Jan.] Dw . 1. '22 Oct . 1. '22 24 . Providence . R . I.m .... 25 . Columbua . Ohio" .... Oct . 1 . '22 rka 20 '22 { Juni 30: '23 Jan . 15 Jan . 1 { July:'23 May-Oct . Mby! Oot . 23 2 '22 oot.'l. '22 28 . Imkille . BY ....... 27 St . Paul MW ........ 2s: OaLland . cdif ....... 293.000. ooO 270.328. 650 144.151. 226 327,~12.218 20 . Akron. Ohio 1' ....... 30 . Atlanta. Gan . 31 . Omaha NebrP 32 . Worcesh . Ma ..... 33 . Birmingham. AlaP ... 34 . Richmond. VU.~ ..... 35 . New Haven. Conn.s. . 36 . San Antonio . Tex ..... 37 . Dallar . Ter. ........ 38 . Dbyton. Ohio ld ...... 45 . Youngatom. Ohio ... 46 . Springfield Mw ..... 47 . Den Moinea. Iowa .... 48 . New Bedfnrd. Mass . . 49 . Fall River Maas ..... 50 . Trenton . fi . J ....... 61 . Bdt Lake Qty. Utah . 52 . Camden . N . J ....... 53 . Norfolk Va ......... 54 Alhny'N . Y ........ 65: W&on . Del ..... 66 . Pa . . 57 . Fort Wdrth T 69 . &em, N . Y ....... Group IY Popnlation . 60. ooO to 100. 000 60 . Duluth. Minn ....... 56 . 0 he.W~~h. ..... 64 . Flint . Micb .......... (16 . Jacksonville. Fln ..... 08 . 0U.homs City. Okla . 71 84 78 87 237. 596 237. 031 234.891 234. 698 216861 208. 436 200.616 191. 601 179. 754 178. 808 171. 667 162. 637 161. 379 158.976 152.559 143. 555 138. 276 138. 036 137.783 137. 634 135. 876 132. 358 129. 614 126. 468 121.217 120.485 118.289 118. 110 116. 309 115. 777 113. 344 110. 168 107. 784 106.482 161. 437 100.176 98. 917 94.156 93. 372 93. 091 91. 699 9l.M)8 91.295 Feb . 1 Jan . 1 June 1 . '22 May1 Jan' Apr . 1 Jan.1 Aw.1 Jan.] July 1 June1 1510~707501 381.075. 370 65 77 { '2 Jan . 1 Apr . '23 JUd15 h., '22 June . '23 I &.\ Jtal July1 Jm.1 July1 Jum 2M.ooO. ooO 71 4758 51367 61 194,151.4NI 82 2.50 1.00 7.50 8.40 4.17 1.M 317816. 0801 64 23.50 100 25.00 100 35.70 100 41.20 100 29.00 100 29.20 100 200owooO 401'874'400 107:772:215 210.656.988 289,353. 2631 60 8.a 63 100 6B 247.0532 15 84 240. 028786 74 195. 19J.W 85 I 22 14 U 42 42 I8 28 12 24 1 . . .. . . 13 2 231,373. 170 59 236.657. 744 75 ~Jan.1 { J%;:ii Apr . 1 May1 Dee . 1. '21 J sn. 1 Jw-Nor . Jm.1 JM.~ Jan . 1 . '22 Jan . 1 . '22 Jan.1 Jwl July 1 Jan . 1 Z.'i July 1. '22 Jan. 1 Feb . d Jan . 1 b.27 . 1. '21 &.is, '22 Oet . 15. '22 &pt . 18. '22 Nov . 15 . '22 Jan.1 {k? Ort . 1 '22 244.464. 577 214.948. 200 uw).964,491 187.880,700 137,283. 001 188,536. 892 159~714~129~ . . 322.563. 750 78 88 76 58 68 82 72 1.88 2.75 2.53 2.10 1.45 2.40 141.653. 4951 'ss 28.20 100 38.87 100 28.20 100 26.00 100 32.20 100 31.20 100 161,261. 957 119,242. 410 118.880. 425 101823.353 131.803. 82.618. 812 198. 4163fX 76 $4 100 100 87 98 .. 2.60 7.20 2.50 7.50 14.71 1.40 .... as 36 29 39 18 36 29 33 16 22 40 16 26 35 41 25 18 37 ' 31 25.00 100 31.50 100 29.00 100 24.50 100 39.00 100 60.00 50 30.40 100 76.140.590 108.884. 755 116.454.613 88.158.139 72 100 . . 91 Jan.1 Jan.1 Jm.1 JM . 1 . '22 Mar.] Jan . 1. '22 July 1. '22 28 0 23 15 20 .. Jm.1 Aug.1 Jan.] Oet . is. '22 Nov . 1.22 Jw 1 . '23 {Jz 4.13 3.88 3.24 10.63 . 60 .... .... 67.90 38 33.16 100 33.20 100 30.60 100 33.84 loo 62.78 100 39.40 100 .... .... .... 7.16 6.35 .... .... .... .... .... 1.50 400 .... .... .... .... 6.50 .... .... .... .... .... .... .... 7.99 .... .... .... .... .... .... .... .... .... .... 5.60 .... .... .... .... .... .... 5.00 140.843. 900 72.880. 880 112m.ooO .... S4.P 4.00 8.77 8.80 8.18 10.00 3.60 1 . 24 11.60 .... .... 6.20 7.50 4.03 . 38 8.30 2.60 6.25 3.14 4.02 3.40 . 84 6.50 1.01 . 98 4.97 4.40 3.93 .... .... 7.50 4.00 9.50 12.29 3.76 10.32 10.87 7.00 1.07 6.08 25.28 8.70 77 85 80 8.721 27.601 100 $23.00 25.60 28.50 23.37 50.10 24.80 30.00 28.16 28.80 19.w 23.60 25.00 35.70 41.20 29.00 29.20 43.75 31.60 38.15 27.94 29.90 17.60 28.20 38.87 28.20 26.00 32.20 31.20 27.50 26.00 31.50 29.00 24.50 39.00 30.00 30.40 22.00 33.16 33.20 30.60 33.84 62.78 39.40 100 75 100 100 60 65 70 80 85 55 67 80 75 36 60 100 60 80 80 100 100 80 100 75 100 100 80 80 100 67 77 100 90 60 80 87 80 85 80 100 80 50 80 . w.00 19.13 28 .so 23.37 30.06 16.12 21.00 22.63 22.78 11.00 15.67 20.00 26.78 14.83 17.40 29.20 26.25 25.28 30.52 27.94 29.90 14.08 28.20 29.15 28.20 26.00 25.76 24.88 27.50 16.67 24.26 29.00 22.05 19.60 27.00 26.45 17.60 28.10 26.66 30.80 27.07 31.39 31.62 24 32 7 23 2 36 29 26 26 40 37 30 15 38 34 4 17 20 1 10 3 39 8 6 9 18 19 a 11 1 22 6 28 13 16 ai 4 31 26 35 28 36 37

PAGE 28

734 NATIONAL MUNICIPAL REVIEW [December c OCI "1"

PAGE 29

. 10.54 13.13 15.79 4.70 10.84 14.41 12.00 f7.69 15.24 9.50 10.00 8.60 11.50 12.80 21.80 12.M) 7.50 36.50 20.18 9.66 13.07 12.85 5.33 2.36 13.72 14.66 15.50 25.99 26.88 8.96 14.44 18.00 17.27 11.37 7.50 10.20 26.00 5.81 10.11 14.08 13.08 10.00 22.70 2 . Niagara Falla . N . Y ... 3 . East Orange . N . J ..... i Atlantio City. N . J .... 5 . Huntington. W . Ye .... 6 . Topeka. Kana ........ $7.84 8.31 5.94 10.70 12.55 10.09 13.05 7.78 16.90 14.00 15.00 7.90 22.80 2.13 19.20 20.00 4.50 35.64 11.63 9.02 8.90 7.78 12.43 7.35 6.72 11.47 18.80 .... .... 8.50 13.75 11.93 19.88 6.50 12.60 18:50 8.20 11.26 9.09 8.96 13.28 54.20 Group V Population. 30. OOO to 50. WO 7 . Malden . Mass ........ 8 . Kalamssoo . Mich ..... 9 . Jaokaon . Mich ........ 0 . Bay City. Mi& ....... 1 . York . Pa ............ 2 . McKeesport.Pa. ..... 3 . Highland Park . Mich . . 4 . Cedar Rapids. Iowa ... 5 . Pasadena. Calif ....... 50.760 60.710 60.707 50. 177 50. 022 49.103 48.487 48.374 47.554 47.512 46.781 46. 499 45. 566 45. 354 45.086 44. 938 43.874 43. a18 43. 184 42. 726 42. 529 41. 763 41. 732 41. 326 41. 029 40. 472 40.296 40. 120 40. 074 39. 631 39. 141 39. 038 36, 917 38.500 38.442 38.378 37. 748 37. 524 37.295 36. 570 36.2 14 36. 164 a6813 6 . Freenn . Calf ......... 7 . New Caetle. Pa ....... 8 . Shreveport . Pa ........ 9 . .Dmtur. Ill .......... .O . Cheleen. Mass ........ !1 . Mount Vernon, N . Y ... !2 . Salem . Mass ......... !3 . Pittsfield . Maas ....... !4 . Lakewood. Ohio ...... !5 . Lima, Ohio .......... !6 . Fitehburg. Mass ...... !7 . Kenosha. Wia ........ !8 . Stockton . Calif ....... !9 . Everett. Maea ........ 10 . West Hoboken. N . J ... $104,W9.oOo 173.857. 454 113.875.000 75.745. 319 84,322.53e I1 . Springfield . Mo ....... 12 . Dubuque. Iowa 18 ..... 13 . Medlord . Mass ....... I4 . Jamentown . N . Y ...... 100 04 80 72 87 I5 . Waco.Tex ........... I6 . Joliet. Ill ............ I7 . Madison. Wia ........ $8 . Brookline . Mass." .... 19 . Columbia. 9 . c ....... 10 . Lorain . Ohio ......... 28 I1 . Muakegon. Mich ...... 12 . Chicopee. Mass ....... 13 . New Rochelle . N . Y ... Jan . 1 I4 . Battle Creek. Miob .... I 47.083. 658 67.446. 575 78.313. 470 47,251.674 37,201.787 39.179. 650 165.31C. JOD 54649799 92:824:527 85 68 78 78 95 100 50 80 78 15 32 22 22 5 .. 50 14 22 16 Jan . 1. '22 Jan . 1 Jan . 1 July 1 Jan . 1 Jan . 1 July 1 Apr . 1.'32 July 1 . '2: July 1. '2: 41.177. 5701 84 3.59 3.69 3.01 2.68 .... .... 2.88 2.92 .... 32.70 100 32.69 100 23.50 100 40.28 100 30.50 100 31.00 100 21.43 100 41.88 100 15.76 100 33011600 85:019:330 16967680 43:822:300 81 540568 47'840'850 47:991:875 29.432. 1721 94 72 90 75 85 100 80 79 28 10 25 15 . . 20 21 58.777. 9101 62 Jan . 1 Jan . 1.22 May 1. '22 Jan . 1 . '22 Jan . 1 Jan . 1. '22 Jan . 1. '22 52646978 78 44:971:820 75 86.787. 150 I 100 .... 5.25 4.50 2.39 1.34 2.87 2.14 I 38.00 100 23.75 100 90.00 50 34.20 100 24.00 100 34.00 100 30.40 100 6 3.68 4.17 1.46 4.75 4.16 .... .... 28.30 100 25.80 100 28.00 100 31.W 100 47.00 100 31.80 100 37.93 100 28 35 40 18 Dec . 1 . '2: Jan . 1 Jan . 1 Jan . 1.'22 20 Jan . 1 36.5 Jan . 1 54265525 56'443'550 45.134. 400 58:gW:oOo 72 65 60 8% 6 Jan . 1 31 I Julv 1.22 37458302 39'132'000 43'673'750 31'085'906 50'074'720 12'985b78 85.093. 923 11'727300 2i:zOo;oOo 69 82 93 100 70 70 74 88 80 38 IJan . 1 1.30 2.52 3.81 7.50 4.50 1.30 6.60 7.50 .... 22 Jan . 1 25 Deo.1.'21 .. Jan . 1 26.30 100 38.19 100 35.00 100 46.69 100 34.70 75 97.30 50 26.00 100 21.70 100 65.00 42 Oot . 1. '22 Jan . 1 I June j DeC . 1 Dec., '22 [June. '23 Nov . 1 . '22 18 7 .. 30 30 26 14 20 &t . 15. '22 July 1 July 1 Aug . 1 Mar . 1 Mar . 1 July 1 Jan . 1 . '23 Oct . 10.'22 Dec., '22 { Apr., '23 June 1 Dec . 1 '22 Jan . 1. "23 Oct . 15. '22 Jan . 1 Nov . 1. '22 Oct . 15. '22 ( ;z: :;; { Jg; :;; &pt.'l5.'23 Jan . 1 Feb . 15 Oct . 1 '22 JUB i Dec . 1 se t 1.22 Fe!.' Oct . 15. '22 J~Y Oct . 1 . '22 Jan . 7 Jan . 1. '22 Oct . 15. '22 June 20. '23 Deo . 1. '22 Oct . 16. '22 Api . 1 Jan . 1 . '22 Mar . 1 Oct . 1.'22 Jan . 1 Jan . 1. '22 Jan . 1.'22 Jan . 1. '22 4.17 2.78 2.25 1.32 3.79 . .... .... .... .... .... 3.21 . 87 .... .... .... .... .... .... .... .... .... .... .... .... .... 7.45 6.07 4.18 6.33 4.9c .... .... .... .... 2.31 .... .... .... 5.33 1.7( .... .... .... 4.M 3.e 3.li .... .... 26.40 100 34.36 100 26.50 100 28.50 100 30.79 100 $4.58 7 76 4.45 3.00 5.86 1.40 3.95 4.12 5.40 7.00 6.00 2.05 4.46 . 83 24.00 600 6.50 13.10 3.38 1.71 1.56 2.68 5.59 2.66 3.41 12.70 1.06 6.89 5.20 7.48 1.26 9.54 4.00 15.80 2.90 4.64 13.00 3.62 6.38 1.08 2.87 3.78 .... 1.15 31.40 100 I1 ....I 65.001 100 $24.14 30.20 ?9.60 19.90 31.40 32.70 32.69 23.50 40.28 30.50 31.00 21.43 41.68 15.76 65.00 38.00 23.75 45.00 34.20 24.w 34.00 30.40 28.30 25.80 28.00 31.00 47.00 31.80 37.93 26.30 38.19 35.00 46.69 26.03 48.65 26.00 21.70 27.30 26.40 34.30 26.50 29.50 30.79 93 65 100 75 75 80 80 100 100 67 65 80 60 75 60 50 60 67 100 80 100 80 80 55 75 65 70 80 1W 70 80 80 60 100 50 94.5 100 59 70 95 . 80 100 100 122.45 29.(10 14.93 23.55 10.83 29.43 26.15 23.50 40.28 20.33 20.16 17.14 25.01 11.82 39.w 19.00 14.25 30.00 34.20 19.20 34.00 24.32 22.64 10.39 21.00 20.15 32.80 25.44 37.83 18.41 30.55 31.60 28.01 26.03 24.33 24.57 21.70 16.26 18.46 32.64 21.2t 29.M 30.7( 17 7 33 2 20 43 38 28 58 20 18 7 34 1 57 10 3 46 55 12 54 30 26 6 21 17 53 35 56 8 47 50 42 37 31 32 23 5 9 52 22 14 48 .

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726 NATIONAL MUNICIPAL REVIEW [December N N er.

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c1 (0 1 Nm Park City. Each borough hsa two tax mtca,-one for realty and one for pemoM~ty,~rwJlidat.$d by p uryw The rate here &om ia that for dty in Manhattan borough. and the distribution ia a wmpnhtion b.sad upon the groqs approqriationn by nubdivbions. The personalty ram iS27.aO) and the realty rates for the ot er four boroqcb are the mrne M for Manhattan except the rmlty rate for Richmond boroub $27.80. 2 CAT The c!ty !ate dudes eanitary district. forest preserve district of Cook munty. and park dltrict. The rate shorn Y for South Park Dintriot (central bumem district md south .ide of city). 'The rate in other par dletncts I $IShtly higher. A quadred revaluation in in progrem thie yeu. Realty valuation includes 4.4 per cent railroad atocL and 2.7 per cent capital atock. * Philaddphiu. The city rate includes the wst nf county govammant, which in wnsolidnted with the City. the city rate abo includes city debt rarriOa The rates dven UB on city malty,, mmprisiOe 94 per vt of .U dty; nuburban dty (5 per cant of .II dty) in taxed at two-tiirda and farm realty (1 per cant or all dty) at onebplf of the aity realty --srcept th.t property in dietriots bvme IOCS~ pop' turn) M Iurthe relieved of nuoh pm taxes. There in a 4 mill tax on money at interest h vehicles to hire, uuriprising the psrsondty duadon. h all. there &e nine distinct tax raw. Eunt in allowed on tares ppld before June., and a penalty ~h.rged dtpr Deoember. There in no state tar on realty in Pennsylvania. E 4 Ddruit. The aity rate includm debt for city and sch& LChnland. The city rate includes library rate of 76 cents. The stab rate hcludw $2.65 for aobooh edlmbd by the county .nd redistributed to the dd dLtrick the&. I SL. hi.. The city rate includes the mat of county government, whioh ia consolibted with the cik. Realty valuation inclades nilrods and lxidgea. 7 per cent 7 Borton. The city rate inchden debt levy. a Baltimore. The city rate includes the muntry, which is conmlidated with the city skoinaludea school rats. Thers am sevd rates applied to eleven h of & valuation. The rate shorn ia applied againat realty and tangible ydty in the "old cit ," mrnprisi 50 per cent of the valuatiin; rates on other ckrsoe of operty in the old city and new addition am lorn. 8 LOI Awelea. T e city rate includes floodlconhi rate of 70 mta. Legal basis of -ent ia 100 per cent. ct for purpme of taxation 50 per cent of amanned valuation is used. There are fourteen distinot tar dimtrictn. There in no .date on real eatate m CaWoma. 10 Bumlo. The city rate mcluden school and debt; the state rate includes county (divkion not funihd). 11 San Promico. The city rate includeu the count , which in consolidated with the city. (&a note 9.) I* Wadinptoa. Appropriations for the District of &lalumbia are mde by Congreaa, Wper cent oftbe tow beingnised by taxation and 40 per cent pnid by the Federal TnapurJr. (8es Ootober 1923 NmoNAL MUNICIPAL REVIEW for full description.) The rate shown M for red and tangible md property, comprieii 64 per cent of the & duation; the rate on tangible ParOnJty is of 1 per cent. Detaih of the total rate wem not furnished. 18 Cincinnati. Cdumbur, Akron. The atate rate includee 82.65 nchool levy, retained by the oonnty and redistributed to schwl districts therein. 14 Minncopdic. Real mtate in wezd at 40 per eent of full and true value: personalty at 25 per cent to 40 per cent and money and credih at 100 per oent. Tho tu rate on money and db ia 3 milla an the dollar. 11 Kamw Cifv. Kwwk. The yalution shown ia for school, county and state purpc&. The valuation for aity t$ in $457.000.000, with a rate of $12.60, which rate ig djuated for tba valuation down. The clty rate I'Smtlk. The uty rate rncludea $1 for port. 17 bckdcr. The schwl rate includes debt for nchoole. The valuation includes person$ty of laa than 1 1' Tdedo. The city rate includes 40 centa for municipal Univerait;. The school rate includes 40 cents for lib. The state rate lndudea $2.65 school bvy, colleoted by the wunty and redistributed to whwl district. 0 * c3 includes also 55 qb for p+e, ad~unted for the vslustion shown, from an actual rate of $2.60 on land only exclumve of improvements. valued at $126,0M).OOO. cent which ia omitted from this table. all New York citiea am so tabuttea. PmNod. The city rate includes $2 port rate and $2 dock rate the munty rate includm libnrg rate. fity ~aludon includ+ 10 per cent pubkc earvia companies. Proddmx. There ia no cmnty govemrnent in Rhode Idand. therefore, no county rak Tha city rate includes debt aerviw. AUonto. The +hwl rate ia eathtad,-~he city remits achmls 28 per cent of btrl revenues. The u RicAmond. Lyndilwg. ?be rate wen M on dty; tawble mdty (5 per cent of the total dution) b tared at $22. and intangible pmonalty at from $2 to $6.50. There ia no wunty rate fot citiea in ViUpiniS, M New How. State and wnnty taw levied durh aes6on of leaidative wsembly, em two yars' a tar of $2.50 wu levied in 1822. about wthirda payable in 1922, and the bnlanca ($1) in 1923. Dayh. Both city and county rah include debt and flood prevention cbyw. jlueo sea sob I$.) therein. p OtMAO uBirmi&ar 'l!f e wun rate hc!uda.S3 school levy, +tributexi to the nchool districts thaein. rate u&da debt mce and 6ra hydrant rental. they am autonomwa. m n Nw Britain. The city rate ineludes 83.10 s 1) Brw :m Y Modred.' The ahool rate sh0~11 is the Protestant hk; the Catholio rate is S?; Eke% (mmpisine buoinem wrpwationa) rate in S12. Thers ia no munty tax in C.nSdL0 citiea. Montreal baa IIO direot prorinci$ (date) tax. 11 ~aonb. Ralty dwtion inoludea 8.7 I* Whim. Realty includea 8 per cent bunmeas ta+ and 11 I*Yoncm~rer. ImWovemenb (30 per mat of v+hon) gn E-Pted fryn taxatmu by council. and in 1922 and 1023 a 50 per cent eremption WM allowed.-tbaefOre. improvements wm taxed at 50 pr cent of Tax rab is wrb~st to 10 per cent dunt wbh M (4 Oflotw: The city baa both Protetant and &mte haman C%% dd. both pying the high School rate of $7.70; the ¶te School rate is $4.30 higher than the Public School rak. or $12. m&w s total ''~~@.~~+ ~~t~t~00~~~~~ta~~~per~~~,~~~~e~~~~~~~~5~~~ at only )20. The total dustion dooa not include cbc bueinea tu -eat of 02566112. taxpaidbytheeentn danadthecity. Vnluation and rates do not inclad medib, C!O,OOO,OOO. tudd at 5 &, -ted to subdivieionn .coording to levy. The city (town) rate mehdes nchool rate also metmphtfm sew and Eent income and 10.9 pa cent bughas. Toronto hrs no ht pro&~Ul tax. cent misCebeoua rpvemus. nte ahown nte for Beprate nobook of 132.30. ed lBslnat the city revenues tbe school and debt levy being net. VM. Land M & at 100 psr osnt. lmpmvenrsotu at 33 per mt of real dus. 3 4

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728 NATIONAL MUNICIPAL REVIEW [December day is not written in low tax rates. Citizens are coming to recognize that the keystone of good government is the budget, and the tax rate is but one means to that end. Public interest is being directed to the program of services and their cost, and the resulting tax rate is secondary. This is one of the most encouraging signs of progress in our cities to-day. This brings to mind the circular recently issued by a commercial organization in a large city, which announced : To the individual or firm seeking an industrial site or location, the tax rate is an important consideration. A study of the following tax rates (about twenty cities) will reveal - ’s prior claim as highly advantageous district for a manufacturing establishment. Here . . . the taxpayer’s money is made to yield the fullest measure of public service. The premise is sound. But will any individual or industry agree with the conclusion? It is fatuoiis until all the facts are known. What public services are being performed by a city, and what is their efficiency in dollars spent and units of work done,-as measured in pure water, low death rates, clean and safe streets, welltrained and paid teachers, provision for recreation in play areas and centers? These and many more things are the elements upon which the modern city is judged as to its adaptability for home or factory. No final conclusions may safely be drawn with respect to the effectiveness of the municipal governments in any of the cities by casual examination of these figures. The mere citation of the influences affecting the tax rates should dispel any false notions of their value as an index to public economy. There are too many other sources of revenue by governments. One gage of costs is the reports being issued currently by the department of commerce, entitled “Financial Statistics of the City (or State) Government of -. These sheets give the total cost, revenues, debt and assessed valuation, and the per capita figures also are reported. It might be suggested that such essential factors as the tendency of cities to pay for public works by special assessments, to the relief of the tax rate but not the citizens at large, cannot be reflected in the table. Similarly, the adoption of the pay-asyou-go policy, followed to some extent by many cities, with the immediate effect of increasing the tax rate but the ultimate effect of economy to the taxpayer, is not apparent from the figures. Questionnaires were submitted to all cities over 30,000-247 cities in United States and 13 in Canada. From the 260 cities‘, data adequate to tabulate were received from 177. It is regretted that it was necessary to omit the remaining 83 cities because no replies were had or the information was incomplete. Should demand warrant a compilation of the data in 1934, it is to be hoped that replies will be forthcoming from all the cities, and possible errors due to misinterpretation this year be remedied. 3,

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RECENT BOOKS REVIEWED PUBLIC UTILITY RATES FOR 542 KANSAS CITIEB. By The League of Kansas Municipalities, Lawrence, Kansas, 1923. The hgue of Kansas Municipalities has recently issued under the caption of “Public Utility Rates for 542 Kansas Cities” what is probably the most comprehensive compilation of rates chargeable for water supply, electric light and power, gas and telephone service for any single state. This compilation includes in addition to the tabulation of rates charged for the various services, considerable data with respect to local conditions of operation. Thus, for water supply the source of the supply is given, method of treatment einployed together with the capacity of the plant and whether or not the latter is a paying proposition. Similar information is given for the electric light and power plants. A brief comment is also made on certain of the more outstanding defects in administration such as would be disclosed in a study of this kind and suggestion3 for desirable changes in administrative policy are made. It is proposed to issue each year a supplement to this publication thereby bringing the information up to date. The data submitted are presented in a concise and readily understandable form that should make the book of value to local plant operators in Kansas cities as well as of interest to the general public. There is a distinct place for the sort of educational service furnished by publications of this kind. WILLIAM A. BASSETT. * CITY CHAXTER MAKING IN MINNESOTA. TRE Lnw OF SPECIAL LEGISLATION AND MUNICIPAL HOME RULE IN MINNESOTA. By William Anderson, Associate Professor of Political Science, University of Minnesota. Published by the University, April. 1922. and May, 1923. These brochures are publications No. 1 and No. g of the University of Minnesota Bureau for Research in Government, of which Professor Anderson is the director. It is to be hoped that these initial publications will be followed by many more. The brochure on speciaI legislation and home rule is a reprint from the Minnesota Law Rmim, and its flavor is distinctly legal. The reader at all familiar with the phenomenon of special legislation in our states, and the efforts to avert its evils by constitutional prohibitions, is struck at once by the parallel of Minnesota’s experiences with those in a number of jurisdictions. So far 8s the main outlines of Dr. Anderson’s study are concerned, the history might apply with equal accuracy to Pennsylvania, for example. This work is divided into two major parts, as its title indicates-in fact the reprint is of two separate articles. The part devoted to special legislation is arranged in nine sections. In a logical orderly manner the provisions of the first state constitution and the several amendments are discussed, and their ineffectiveness in avoiding the evils of special legislation is made clear. An analysis of the court decisions, with careful citations, shows the influence of expediency and the courts’ frequent inconsistencies. The greater part of the discussion naturally is devoted to special legislation affecting municipalities. The paper on municipal home rule is an excellent summary of the efforts of the last thiiy years in Minnesota to solve the problem of providing charters suited to individual needs of communities and avoiding at the same time the objectionable results of special legislation. A very full discussion of home-rule powers, aIso adequately buttressed by citations, is the meat of the discussion. The handbook on charter making is a mine of useful information for citizens and officials of Minnesota municipalities. The book furnishes in compact form the essentials for drafting a charter for a Minnesota city. The chapters and their subdivisions are well arranged, and are followed by a good index. and a fairly inclusive bibliography. Problems such as that of separate administrative boards are soundly treated. The commission plan of government, the commissionmanager plan, and proportional representation, are other important topics well presented. The typography and paper of City Ch& Making might well be improved in a later edition, 729

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750 NATIONAL MUNICIPAL REVIEW [December and such solecisms as “much of the data” (in the foreword) are especially regrettable in a university publication. FREDERICK P. GRUENBEI~O. * Smmm MONWXAPES OF THQ UNITED STATES GOVEBNME~. By the Institute for Government Research, Johns Hop& hs, 192243. The Institute for Government Research has reached the half-way mark in its Service Monographs of the United States Government. During 1922 and l9eS the following 26 volumes of thia aeries have been published.’ . 1. The Geological Survey 2. The Reclamation Service 3. The Bureau of Mines 4. The Alaskan Engineering Commission 5. The Tariff Commission 6. The Federal Board for Vocational Education 7. The Federal Trade Commission 8. The Steamboat-Inspection Service 9. The Weather Buku 10. The Public Health Service 11. The National Park Service 1% The Employees’ Compensation ComIS. The General Land OfEm 14. The Bureau of Education 15. The Bureau of Navigation 16. The Coast and Geodetic Survey 17. The Federal Power Commission 18. The Interstate Commerce Commission 19. The Railroad Labor Board e0. The Division of Conciliation 22. The Women’s Bureau PS. The OBice of the Supervising Architect 24. The Bureau of Pensions eb. The Bureau of Internal Revenue 26. The Bureau of Public Roads W. The OfEce of the Chief of Engineers As waa once said of an important survey of the New York Bureau of Municipal Research. “These form a valuable series. They contain S.837 pages and weigh 18 pounds and 4 ounces.” These monographs are prepared according to a uniform plan. They give, first, the history of the establishment and development of each service; second, its functions and activities; third, its organization for the handling of these activities; fourth, the character of its plant; fifth, a compilation of, or reference to, the laws and regulations governing its operations; sixth, financial statements showing its appropriations, expenditures and other data for a period of years; and finally, a full bibliography of the sources of mission 1 No. 21. The Children’s Bureau ia in press. information, official and private, hearing on the service and its operations. It is fortunate that these monographs are not wholly descriptive in character as one might presume from reading the introduction. Whide no effort is made to criticize the administration and organization, or to recommend major changes, the more significant volumes in the series contain occasional suggestive critical comments. But in the main they represent en orderly fact statement of the development and present orgaization and activities of the various services of the government. There is no need of saying that the standard of scholarship maintained in these studies is of a high character and that the style of publication makes them both attractive and useful. It surprising that with the exception of a mnp of Alaska in No. 4 and of the United States showing national parks in No. 11, the entire series contains neither map, chart, diagram nor graph. In the foreword the staff of the Institute expresses the hope that these monographs will “automatically reveal, for example, the extent to which work in the same field is being performed by difIerent services and thus furnish the information that is essential to a consideration of the great question of the better distribution and COordination of activities among the several departments, establishments and bureaus, and the elimination of duplications of plant, organization and work.” One is inclined to feel. however, that this is not one of t+e services which the monographs are destined to fulfill. Is it not too much to expect that anyone, except the trained student of Federal administration who sets himself to the task, will be able to draw material even from such available sources as the Service Monographs and to construct from them vdid conclusions for the improvement of administration? Such a process is hardly automatic. In view of this fact does it not seem that the preparation and publication of thii series of studies lays upon the Institute in a peculiar way the responsibility for bringing together on the basis of this material a critical and constructive program? That such a study is within the scope of the work of the Institute has already been amply attested by such books as Dr. W. F. Wdloughby’s, “The Reorganization of the Administrative Branch of the National Government,” and by other publications of the Institute. Buried away in the standardized appendix is the intimation that the Institute plans to make

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19431 ITEMS ON MLTNICIPAL ENGINEERING 731 on the basis of the monographs certain crosssection studies tracing through all of the government services a single question such as technical facilities. Synthetic studies of this character wiU probably prove more valuable and suggestive for most of us than the Service Monographs themselves. The monographs together with such supplements as may be issued in the future to bring them up to date are destined to become the most authoritative and complete discussion of the work of the various Federal services. As such they will be of particular value to administrators and students of administration. For this the cause of orderly and scientific reform owes to the Institute for Government Research and its backers a real debt of gratitude. LUTE= GULI~K. ITEMS ON MUNICIPAL ENGINEERING EDITED BY WILLIAM A. BASSETT Restricting the Operation of Motor Trucks on Cit~ Pavements.--The need for restricting the operation of motor trucks over city streets is more and more receiving the attention of city 05cials. At present the operation of trucks on certain streets is restricted by ordinance in Columbus, Rochester, Cleveland, Buffalo, Tndianapolis, Grand Rapids and New Orleans, while other cities are considering similar restrictions. According to the Totedo Citg Journal, present restrictions are based mainly on two factors-traffic conditions and a desire to keep trucks from residence streets. When the tra5c congestion is the reason, trucks are barred from business streets unless a delivery is to be made. In some cities, they are forbidden parkways, boulevards and residence streets, ostensibly because of their noisy operation. Although tra5c conditions apparently have been the principal consideration in the enactment of these ordinances there is another reason for prohibiting the operation of trucks over certain city streets which is of equal if not greater importance. This is to prevent the destruction of pavements not designed to carry heavily loaded trucks. It is a matter of common complaint that trucks have done more to shorten tbe life bI pavements than any other destroying force. The only solution of this seems to be to designate certain streets a.3 arterial highways, pave them with materials which will withstand truck travel and require trucks to operate only on these thoroughfares except when deliveries have to be made. The rapid development of motor transport between relatively distant cities as a means of carrying freight and the permissible loading of trucks have produced conditions whicb perhaps can alone be met by aome such plan aa the latter. However, if trucks are to he restricted to certain city streets it will be necessary to enforce rigid requirements governing parking of vehicles along those streets. Otherwise intolerable congestion of tra5c is liable to result. Furthermore, the financing of improvement work on streets devoted to truck tra5c constitutea a special problem. The need for local regulation of the motor truck apparently has added one more complication to the vexatious pmblem of tra5c control. The economic importance done of this matter demands energetic action on the part of city o5cials directed towards effecting an adequate solution of the problem. * Simplification of Specifications for Asphaltic Materials.-Simpliied practice in the grading of asphaltic materials which will reduce from eighty-eight to nine the grades suitable for the construction of asphaltic pavement surfaces and from fourteen to four the grades of materials used as joint 6Uer in the construction of brick and block pavements will become effective after January 1, 1924. This reduction in the number of grades of these materials has been brought about as the result of nation-wide co-operative action on the part of engineers, contractors and producers, following a study of the problem wbich was initiated by Secretary Hoover of the United States department of commerce. The multiplicity and non-uniformity of specifications for asphaltic materials has long been a source of confusion both to engineers engaged in highway and street work and other government officida. These factors undoubtedly have contributed in many c89e8 to the use of unsuitable materiale to

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733 NATIONAL MUNICIPAL REVIEW [December meet certain conditions which almost always result in unnecessary expense to the community concerned. AU in all the diversity in grades has been the cause of considerable waste and the purpose of the study made was to eliminate this waste. A complete report of the conference at which the reduction in the number of asphalt varieties was adopted is in process of printing and will be published about December 1 by the department of commerce as one of its series on “Elimination of Waste in Industry.” It will be entitled “Simplified Practice Recommendation No. 4Asphalt,” and can be obtained from the superintendent of documents, Government Printing O5ce at Washington. The essential result of the conference was to define and limit the pene tration requirements of asphaltic materials for street surfacing and use as a filler. The following table gives the penetration limits a5 adopted: FOE CONSTRUCTION OF SHEET ABPRALT. AaCADAM PAVEMENTS, AND ALEO FOR SURFACE TREATMENT PRALTE cONCRE.ne, AND ASPEhLT &fAPenefraiion Limits 25-90 50-60 100-120 30-40 60-70 190-150 40-50 85-100 150-200 The nine ranges given are designed to meet the varying conditions, climatic and otherwise met with in street work. FOR JOINT FILLER FOB VARIOUS TYPES OF CONBTRUl3lON Penefrafion Zimh SO-50 60-70 6040 85-100 The first is used primarily for brick pavements, and does not require the admixture of sand, whereas the latter three, which are identical with three of the grades adopted for asphalt pavement construction, are those which would ordinarily be used in admixture with sand to produce an asphalt grout. In adopting these limits, it is understood that the producer will furnish asphalts with penetration equal to the mid-point in each range. a plus and minus tolerance from that mid-point being acceptable to all parties, but in no case shall the deviation exceed the limits of the grade specified. These standards were unanimously adopted at a general conference held at the department of commerce on May 28, 1943, and have been officially accepted as the standard of practice by the highway engineers of thirty states, the American Society for Testing Materials, the Society for Municipal Improvements, the American Society of Civil Engineers, the United Statea biireau of public roads, the Asphalt Association, and five manufacturers not members of the Asphalt Association. The universal adoption of the above standards should result in substantial economies in both the production of asphalt materials and the use of these materials on construction work. Their general use in the preparation of pavement specifications is to be recommended. cb Redctive Provisions in State Constitution 811 Obstacle to Securing Adequate Municipal Water Supplies in New Jersey.-The inadequacy of present developed water supplies in northern New Jersey to meet the incrensing needs of communities located in that section of the state has been realized for a long time by officials and engineers both in government and private service. During the past year the water shortage became so acute as to cause serious alarm and the present situation is one demanding prompt action to secure additional supply in order to protect both life and property in the communities concerned. The matter of developing new sources of supply has been studied by local and state officials. The State Conservation and Development Commission obtained from Allen Hazen, the prominent engineer, a comprehensive report which showed that an ample supply to meet present and future needs could be obtained for those communities by developing any one of several waterstorage possibilities. Mr. Hazen also recommended that a commission be established for the purpose of developing a ~~pply for wholesale distrihution and also as a means of co-ordinating the interests of the municipal and private companies furnishing the present supply. No definite action has followed the report of Mr. Hazen and there has been much criticism of public officials for their apparent neglect in meeting the needs of the situation. That this is not the only reason for failure to act is suggested by another eminent engineer, Mr. Clemens Herschel, in a letter addressed to the Engineering NewsRecord which appeared in the issue of July 96.

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19931 ITEMS ON MUNICIPAL ENGINEERING 733 1993. Mr. Herschel’s comments on the present situation in New Jersey are substantially as follows: More than SO years ago, some cities and towns adjacent to Boston were situated, as regards their public water supplies, very much as are now situated the municipalities encircling Newark and Jersey City. For this district in Massachusetts there was created by legislative action a Metropolitan Water Commission of three members appointed by the governor. This board took over the water-supply works of Boston and acquired other water-supply property. It borrowed large sums of money, issuing bonds on the credit of the state as security. *It built works ample for the purposes of supplying water to the Metropolitan District. It paid the interest on the money borrowed, and paid off the principal from the money received for the water furnished in wholesale lots, and at wholesale prices, delivemd to the several municipalities to be sup plied. Boston included. The commission, since merged with like district commissions for main sewerage and for parks, is still at work. Nothing is simpler in general outline; dothing more effec tive. or economical. Each municipality attends to the details arising within its own borders, the commission selling water in wholesale quantities, delivered to each municipality, and furnishing the main channels by means of which it is again removed in a sanitary manner. why cannot precisely the same plan of operation be engrafted on the life of the municipalities of northern New Jersey? Why has it not long ago heen done? Why is there a continuance from year to year of a dearth of ample sanitary public works in northern New Jersey, conceived. constructed, operated and paid for, in a sane manner? The answer may be found in a portion of Article IV of the New Jersey constitution, which reads: “The credit of the state shall not be directly or indirectly loaned in any case.” Therefore, instead of having commissioners with powers of initiative to construct and operate for them ample works of public, sanitary necessity. the inhabitants of northern New Jersey are put to it to get such works at all. As population inmase.s. each little municipality becomes unable to properly care for these needs. The works then, and thereafter, needed, must be planned with a vision that extends far into the future, and far beyond the boundaries of any and of all these municipalities, and XI tyhap into other states than their own. Such planning must continue indefinitely, and the commissioners must have full powers of initiative and of condemnation. Of what need any “Jerseyman“ be afraid should a proposition be presented amending Article IV to read: “Except for the construction. maintenance and operation of works of water 8upply and main drainage, to be owned by and operated for the sole benefit of the people, the credit of the state shall not be directly or indirectly loaned.” The existing prohibition was intended, so it is said, to prevent the legislature from extending state aid to works of private enterprise, conducted for private gain, as in the wild days of the Camden & Amboy and other railroad ventures. It should no longer stand in the way of the creation of sanitary works needed for the public good. HOW many states of the Union have such a clause, as this of New Jersey, in their constitutions, it would require some study to determine. It is plain that no state should throttle the construction of needed sanitary public works in this manner. AII states may, instead. well follow, m their metropolitan districts, the example of Massachusetts, since public sanitary works, mmprehensive as to political subdivisions served and as to time of construction. must needs be built in the manner described or they will not be built at all. New Jersey should no longer be prevented by an antiquated clause in the constitution. designed for a wholly different purpose, from adopting the sole rationid method for the procuring by the people of what the people must have to live. * Bdalo’s Garbage Disposal Predicament.How far even our larger cities are from handling garbage disposal in a proper engineering manner is strikingly illustrated by the way Buffalo has dilly-dallied with its local garbage disposal problem for several years past and the predicament in which it now finds itself in consequence. In but one detaibdid the city authorities act effectively; they do have to their credit the calling in of a competent sanitary engineer for advice on garbage disposal bids, but they delayed doing this until after bids had been received on such very open specifications that the engineer ws9 compelled to .spend much time and go into extensive calculations in order to reduce the bids to a comparative basis. Although this engineer’s report had been before the commission council at Buffalo for months past, and endorsed by the city street commissioner and by the council commissioner in whose department garbage disposal falls, the commission has not acted upon these recommendations. Meanwhile, as bas been perfectly apparent for a considerable time past might happen, the city has been ordered by the court to shut down its garbage piggery on allegations that it is a nuisance. This order wu to become effective September 15. but the city authorities have secured a hearing for September $6, on an application for a modification of the order, and in addition have taken steps to carry the order to a higher court. It is to be expected that the complainants against the piggery will press for shutting it down and that, if the court grants the city

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734 NATIONAL MUNICIPAL REVIEW [December relief, it will be only because of sympathy for the city in its predicament and because if the plant were closed nuisance might be caused to a far larger number of Butlalo people than would be caued to the relatively few people near the piggery if it were kept in operation. The BufFalo example is so flagrant a one of failure by a city to see that garbage disposal must be handled as an engineering problem if grave complications and possible large and unn-sary experwe are to be avoided, that we present to our readers a condensation of the very exceptional report on the Buffalo bids prepared by H. P. Eddy. The specifications on which bids were ded were so vague and so lacking in the many requirements necessary to make the bids comparable that revised estimates of cost for a ZOOton plant were far in excess of the proposals; in one case nearly four times as large. Additional calculations were required before Mr. Eddy could reach conclusions as to which method of disposal, among those offered, seemed most desirable. Before reaching this point, Mr. Eddy found it advisable to eliminate entirely all of the hids for garbage disposal by incineration. He also found it necessary to double the city specification 8llOWanceS for the size of a plant for treating uneaten garbage and hog manure in case a piggery was decided upon. In passing it may be noted that what will perhaps be to most engineers a matter of great surprise is that after careful. consideration Mr. Eddy concluded that in case feeding to hogs were to be adopted, it would be wise to provide a disposal plant for the residue one halI of the daily capacity of the total estimated amount of garbage collected. The most valuable of all the advice Mr. Eddy has given to BuEalo in this matter, if only the city will heed it-and it is advice-that every other city in the country confronted with garbage disposal problems should take to heartis that the city should decide on some one scheme of disposal, have complete designs made, and then obtain bids for the construction of a plant of that type and size and none other. This is directly opposite to the general practice of American cities. City authorities generally do not put the matter of garbage disposal in the hands of their own engineering force or of competent consulting engineers, have a plan designed and specifications drawn and then ask for bids, all on such a bask of site, size of plant, contract guarantees, test requirements and total annual charges, as d make it possible to compare the bids received understandingly. Few, if any, eitie-nd none we hope as large as Buflalo-would think for a minute of asking bids for a pumping station or a filtration plant. to name only two kinds of engineering work, on such vague specifications as those on which the Buffalo garbage disposal bida were based. HOW indefinite these specifications were may be seen in part from oq abstract of Mr. Eddy’s report. Had the council-commission of Butlnlo sttempted to award the contract on the bask of comparative bids received-and many another city has done just this sort of thing-it would almost certainly have been sadly disappointed in the results that it would have obtained when it came to count up the actual cost of installing the plant and the total annual charges. Finally, we regret to have to say that some cities which confine their request for bids to one general type of means of garbage disposal improve upon the Buffalo specifications in degree only; that is, although they may eliminate utterly different methods of doing the same sort of work, they provide neither adequate detailed specifications or contract guarantee and acceptance tests that will indicate with any certainty what the plant will really accomplish in daily operation. It is high time that our cities make some change in their methods of treating garbage Ciiepod. It is to be hoped that after its present experience, Buffalo before again advertising for bids will follow Mr. Eddy’s advice as to definite plans and specifications for one type of plant. Judging from reports of commission-cound proceedings since Mr. Eddy’s report was submitted, the commission-council has not yet seen this matter in its full and true light. [Nom.--The above comment appeared in the editorial columns of the Engineering NcwaRecord of September 20, 1923. Its discussion of the Buffalo situation and its analysis of the prevailing weaknesses of municipalities in dealing with the matter of garbage disposal are SO timely and sound that the editorial in question is published in full for the readers of the RBVXEW.]

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ITEMS OF’ CIVIC INTEREST State and City-A recent inquiry sent to various states in the Union to ascertain whether any state had appropriated money for the plan of its capital city brought returns from California, Colorado, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota. Nebraska, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, Texas, Wisconsin and Wyoming. Of these eighteen stab none had appropriated money for direct participation in the plan of the capital city. In Cdifotnia in 1916 an act was adopted by the legislature providing for a state planning commission, but no appropriation was ever made to such a commission though the commission made two reports, one in 1916 and one in 1918. In 1921 the commission was abolished and its powers and duties were transferred to the state department of finance. In Colorado there is a tax levy for meeting the expenses of public improvements surrounding the capitol grounds which are a part of the group of civic center buildings. In &mas there waa for years an effort made at each meeting of the legislature to collect a part of the cost of paving the streets surrounding the capitol, but the legislature never allowed the bill. The state, however, did install a white-way system of ornamental lamp-posts around the state house, conforming with the lighting system of Topeka in consideration of the city furnishing necessary current for these lamps forever. In Michigan there has been a measure of co-operation between the city and state in the improvement of streets adjoining state property. In Mirrltesota the state war memorial commission has cooperated with the city planning board, but in the last legislature an c%rt to provide for state and city co-operation in the plan of a capitol approach failed, presumably because of late introduction. In Penmylnania the group of state buildings might appropriately be called a “State Civic Center,” and an effort has been made further for the state and city to cooperate in the construction of a memorial bridge from the capital grounds to the Hill sectiofi of Harrisburg; but this pkrn has been delayed because of insufficient funds voted by the state legislature. In Rho& Z8lUnd an effort was made back in 1917 to pllse P law which would harmonize the city plan of Providence in connection with the state capitol, the expense to be shared by the state and city. The report of the comission and its findings was rejected by the legislature. In Wisconsin about ten years ago there was a bill pending in the legislature whereby the state would purchase the ground from Capitol Park down to Lake Me nona, four blocks, to be used for park purposes and a kind of civic center. It was the plan to put an office building for the state on this prop erty and possibly a city hall. The bill did not pass. So far, therefore, efforts to bring about state and city co-operation for a comprehensive city plan of the capital city of the state have been liited in scope and sporadic in their nature. * National Parks Committee.-There are now about thirty organizations of national scope represented on the National Parks Committee. At a recent meeting in New York the committee authorized the printing of a second and revised edition of “A Policy for National and State Parks. Forests and Game Refuges.” It is not surprising that with the rapid growth of these various areas of land the generd public has received an impression that all are beneficial without stopping to define the purposes and uses of each. But wherever public lands or public funds are employed for the benefit of the people it ie necessary to define carefully the conditions under which it is proper to appropriate land and money for different purposes. There is no field in which good intentions may so easily carry real danger to the parks, forests or refuges which the promotera desire to extend and protect. As soon as they are available, copies of this useful pocket edition will be sent on request. Dr. George Bird Grinnell is chairman, J. Horace McFarland and Robert Sterling Yard are vice-chairmen, Barrington Moore is secretary and John B. Burnhem treasurer of the National Parka Committee. 735

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736 NATIONAL MUNICIPAL REVIEW [December Game Refuges in Texas.-Attention is called to the excellent editorial in the November Reoieu, of Rmiewa concerning the danger to two game refuges in Texas for migratory birds which would be incurred if plans are matured to establish a hooting club in the vicinity of the refuges. * Appalachian Trail-The Commissionersof the Palidea Interstate Park and the New YorkNew Jersey Trail Conference invited their friends in adjoining states to attend a conference on the Appalachian Trail, which was held at Bear Mountain Inn, October %6-28. Mr. Benton MacKaye fist proposed the building of the Appalachian Trail some three years ago. The trail project has been enthusiastically supported by various outdoor groups. Volunteer workers have scouted, cleared and marked many milea of traiIs both in New England and in the Palisades Interstate Park and adjoining regions. The evenings were spent in indoor meetings before the famously hospitable fireplace, guarded by its little iron bears and the days in scouting over the trails through the Palisades Park. There is something very appealing in the idea of this trail to reach from the north to the south peaks of the Appalachian system. It is not a grandiose scheme for which money is being collected. The trail is being made by those who will delight in using it after the through-connections are made. It is a labor of love, and all the more valuable for that. In cutting the four-foot awathe. all trees of major importance are preserved; the trail is made to bend to that end. This adds a charm which no straight pathway through the woods could command. The trail will be quite as useful for those who love horseback riding a for those who wak. * A Ten-Thousend-Mile Motor Trip from the Atlantic to the Pacific leaves one outstanding impression beyond the great variety of marvelous scenery, and that is the pride which is manifested in the vast number of homes, both rural and urban. The “hill homes” of Berkeley, Piedmont, Oakland and San Francisco. display a variety, a picturesqueness, a cheerfulness and a love of the “vine and fig tree” hardly equalled in any other part of the country, and would certainly qualify as prize winners in the “moderatehcome” class of American homes. The news that some forty blocks-a good square mil-f the most comfortable homes of Berkeley have burned to white ashes, destroying houses, possessions, trees and shrubbery, brings a sad regret that this neighborhood of homes produced with such loving care should have become a desert waste. The same spirit which created the neighborhood in the beginning will re-create it; but years will be needed to give it the mellow charm which the university town had cast over the area adjoining the campus. d Printed Matter available at the offices of the How to Own Your Home, a handbook for prospective home owners, prepared by John M. Gries and James S. Taylor and issued by the Department of Commerce, with a foreword by Herbert Hoover. Limited number for free distribution. Price at Government Printing 05ce. 5 cents. Report on Recommended Minimum Standards for Small Dwelling Construction, prepared by Advisory Committee on Building Codes, Division of Building and Housing Department of Commerce. Price, 15 cents. New edition Standard State Zoning Enabling Act, Division of Building and Housing, Department of Commerce. Free. Zoning for Iowa Cities and Towns, published by the Iowa State College of Agriculture and Mechanic Arts. Free. Tourist Camps, published by the Iowa State College of Agriculture and Mechanic Arts. E’ree. Rural PlannineThe Social Aspects, published by the U. S. Department of Agriculture. Free. Plea for a City Plan, prepared by the American Civic Association for use in Galveston, Texas. The National Forests of the Southern Appalachians-What They Mean to the East and South, issued by the Eastern District Forester, Washington, D. C. Illustrated. May be secured from the Government Printing Office at 15 cents. Attention is also called to the exceedingly useful “Manual of Information on City Planning and Zoni~tg including references on regional, rural, and national planning,’’ by Theodore Kimball. issued by the Harvard University Press. American Civic Association includes:

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Chicago to Sell City Documents-Under an ordinance recently passed by the City council of Chicago, city documents and publications of the Municipal Reference Library will be put on sale at a price to cover cost of paper handling and printing. City and county officials. libraries within the state of Illinois. newspapers and civic organizations in Chicago may receive publications free. Sales will be in charge of Municipal Reference Library, Frederick Rex, librarian. This is the first ordinance of this character to be paased by any American city. * How Much Did the Ku glur Klan Figure in the Portland Charter Election?-A responsible correspondent writes us the newspapers broadcssted false statements when they claimed the Ku Klux Klan secured the adoption of the city manager charter in Portland, Maine, September 10. The Klan simply injected itself into the situation a few days before election, held a mass meeting in the city hall and informed the public it was “for the new form of government,”and desired to help bring it about. The Committee of One Hundred having charge of the charter campaign repudiated this action on the part of the Klan and declined its offer to help. The success of the charter campaign was due to the continued effort of the Committee of One Hundred and the enterprising citizens of POI% land who for two years have been conducting a campaign along educational lines. The Portland Press Herald gave magnificent help through its editorial columns. At no time waa there any question of race or religion. The citizens working for the new charter were purely interested in securing greater economy through business m -tho& in city administration. The campaign was conducted along absolutely non-partisan lines. The only negative forces were the stand pat politicians of both parties who were reluctant to have the control of the city pass out of their bands. * Fit Report on Cleveland Election.-At the time of going to press the count of the ballots cast at the Cleveland P. R. ttection had just been completed. The official count of first choices began on Thursday, November 8 and in two districts were completed by Friday and in the other two by Saturday night. The total number of valid ballots cast waa 114.613. This was a shrinkage of 13 per cent from the registration. Large shrinkages occurred in other Ohio Cities, that of Cincinnati being 17 per cent. The largest vote w&8 received by Peter Witt. who chose to run in the first district, though he lives in the first. He entered political life as a worker for Tom L. Johnson, has been a candidate for mayor, and has a unique and energetic personality which at once assures that the sessiona of the new council will attract attention. Clayton C. Townes, Republican, president of the present city council, was elected in the first district on the twenty-third transfer. The quota in this district was 4,110 and six were elected; one independent, five Republicans and a Democrat. In the second district the quota was 9,104 and five seats to be filled. No one was elected with a full quota of first choices. Two Republicans. two Democrats and an independent were elected. The third district representing central Cleveland gave Herman Finkle, the floor leader for the Republicans in the present council, a huge surplus of first-choice votes which, by transfer, elected Steve Fleming, a negro, in the present council. Maurice Maschke, the Republican boss, bad taken special pains in this district and had spoken for James McGinty, a Democrat. But he had to see the election of Miss Marie Wing, who is the secretary of the Consumer’s League and who waa general secretary of the Y. W. C. A. for fifteen years. In the fourth district, which is the eastern part of the city, the largest number of first-choice votes was obtained by John Sulzmann, the dean of the present council. A. R. Hatton came next with about four hundred votes over the quota of 4.201. His campaign was a very inexpensive one, costing about $50; the bulk of this went to a college student for getting signatures to his nomination petition. Mrs. Helen H. Green, county president of the W. C. T. U., was one of the other five elected. Maurice Maschke, Republican leader, claims a majority of three for his party in the council, but POLITICS AND ADMINISTRATION 737

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738 NATIONAL MUNICIPAL REVIEW [December it is by including several whose independence in local affairs is a large part of their political faith. He said, “I believe the city of Cleveland has elected the best city council in twenty yeera. By best, I mean best equipped. Best equipped in every way.” Carl D. Friebolin, president of the Citizens’ League, used almost the same words in a newspaper interview, saying that it was the best city council in the laat fifteen or twenty years. The count was completed in approximately forty-six working hours. Invalid ballots amounted to 7.8 per cent of the total cast. Though a much heavier vote was cast two years ago, m,OOO more voters helped elect candidates at this than at that election. Disregarding the many who voted for winners but whose ballots were not needed to elect any of them, the number who actually shared in the election of councilmen was 85,639, or 74.8 per cent of those who cast valid ballots. W. T. M. * Results of Ohio Referendum OII Important Measures.-It appears aa though it will be “over the hills to the poor house” for a number of Ohio cities after 19B, as a result of the defeat of the Taft law in the recent referendum election, unleas the state legislature provides Ohio municipalities with more operating revenues next year. In 1924. certain rates for operating purposes between the 10 and 15 mills now utilized by a number of Ohio cities will lapse. These operating rates will go back inside the 10-mill limitations prescribed by the Smith one per cent Isw. In view of the large sinking fund requirements which have to be paid, operating levies inside the 10 mills will certainly be decreased unless the legishture grants some relief. The city solicitors of the state areconsidering making an appeal for a special session of the legislature to grant the cities more operating revenues. The Taft law, which raised the limit from 15 to 17 mills for municipalities, would have afforded this relief. This referendum measure was decisively beaten by a vote of 360,132 Yes, to 699,158 No. At the time the Ohio Real Estate Board decided to oppose the Taft law on the grounds that land waa bearing too great a burden of taxation and declared that a classification tax law should be enacted, it pledged itself to’support a movement for immediate revision of thc Ohio tax law to afford relief to municipalities as contemplated under the Taft law. Not only the rural districta which had been expected to vote against thie law, but many of the larger cities disapproved this tax measure. The workmen’s compensation amendment to the state constitution was carried by 581.901 Yes, to 614,120 No. Both labor and employers’ organizations united to promote the passage of this bill, which in substance will entitle employees to state compensation in case of disability even though it results from negligence on the part of the employer. Heretofore such cases have been carried to the state courts with resulting high litigation costs to the disabled employees as well as to the employer. Although there is considerable sentiment favoring the theory of old-age pensions, the proVisions in the old-age referendum, submitted in November, were distasteful to the voters as evidenced in the result-Yes, 387,927; No, 766.179. In the Toledo mayoralty campaign, Mayor Bernard F. Brough, present incumbent, running on a “business administration platform,” decisively defeated Edward Cullen, present vicemayor, who was supported by the so-called labor congress. The vote was 40,454 for Brough and 29,896 for Cullen. Solon T. Klotz. Socialist, received only 2.954 votes. The total number of votes for mayor was 73,204 against a total regis tmtion of 80,724, out of about 140,000 eligible voters in Toledo. Mayor Brough carried with him a friendly council and, vice-mayor. c. A. C~oaet~ * Philadelphia Voters Authorize ~I,OOO,OOO Loan.--On November 6 the voters of Philadelphia approved. two ordinances authorizing the creation of loans by the city totalling $71,000,000. One of the ordinances was for loans not exceeding $3,750,000, payable within 15 years; the other authorized the creation of loans not exceeding $67,250.000, payable within 50 years. According to unofficial reports, the 15-y~ proposition was carried by a vote of 214.359 to 24,381, while the 50-year one was approved by a vote of 199,900 to 42,899. The $3,750,000 authorized to be borrowed for 15 years is earmarked for six purposes, while the $67,250,000 authorized for 50 years covers 9% purposes. Of the $71,000,000, $25,750,000 is for transit purposes, including surface, subway, and elevated lines, and also equipment therefor; $9,000,000 is set aside for construction of a

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19231 POLITICS AND ADMINISTRATION 739 sewage disposal plant; $5,623,000 is to be used for the Delaware River Bridge, which is being financed jointly by the states of New Jersey and Pennsylvania and the city of Philadelphia; $6,000,000 is for the extension and improvement of the water supply of the city; $5,077,000 is to pay damages, including those already assessed, for opening, widening, and changing the grade of streets, construction of sewers, and condemnstion of property; $2,500,000 is for land and buildings for the department of public health; $2,000.000 is to be used for wharves, docks, bulkheads, and related work; $2,000,000 is set aside for constructing and equipping an annex to city hall; another $2,000,000 is to be used toward completing and equipping the city’s art museum; $2,000,000 more is for resurfacing and repaving streets; and still another $2,000,000 is to be used for the construction of main sewers; $1,000,000 is for the construction of branch sewers; $1,000,000 is to be used toward erecting, improving, and equip ping free library buildings; $960,000 is to reimburse the general fund for certain capital expenditures made, or authorized to be made, therefrom; $500,000 is for bridges; $500,000 for play and athletic grounds, golf courses, swimming pools, and bathhouses; another $500,000 is for land and buildings of the department of public welfare; $500,000 more is set aside for the grading of streets; still another ~00,000 is to be used toward acquiring land, buildings, and equipment for the house of detention; and the remainder, or $1,590.000, is allotted to six other purposes. In accordance with the provisions of the city charter, all of the purposes for which the $71,O00,OOO is authorized to be borrowed were certified by the city controller to city council, prior to the passage of the loan ordinances, to be “capital expenditures and not current expenses.” The purposes provided for in the 50-year loan ordinance were certified by the city controller to be capital expenditures with an estimated life to the city of “at least fifty years,” whereas those included in the 15-year Iban ordinance were certified by him as capital expenditures with an estimated life to the city of “at least fifteen years.” Other than requiring that “all money borrowed and all debts otherwise incurred . . . for repaving or improvements of a temporary kind shall be payable within the estimated or guaranteed life to the city of such repaving or such improvementa as certified to the Council by the City Controller,” the city charter does not limit the term of bonds to the probable life of the assets acquired through their issuance. but permits bonds to be issued for the full 50-year period which the constitution sets aa the maximum for Philadelphia. It is obvioua that much of the property that will be acquired with the proceeds of the bonds approved by the voters will not have 80 long a life as the city controller has certified for it, but under the city charter the city controller’s certifications as to the nature and life of expenditures are final, and not subject to review. The city charter did not set aa high stan&,ds of borrowing as, perhaps, it should, but it went a long way toward improving those standards. When the charter was enacted the city had the right to issue 50-year bonds for any municipal purpose whatever, and the city frequently had issued % and 50-year bonds for ordinary current expenses. Now it can do this only through erroneous certifications, whereas formerly it was very easy to do it. * The Kansas City Charter Situation.-For several years, Kansas City has seemed to be on the verge of adopting a city manager charter. Every once in a while, the announcement goes out that a manager campaign is about to be started. However, Kansas City is still without a manager charter. Two years ago, a charter movement actually resulted in the election of a charter commission, but for numerous RWM. chief of which was probably lack of organization, the commission elected was an anti-manager commission. The charter submitted waa a compromise, and failed of adoption. Now it appears that another opportunity is at hand to select a commission which will write a manager charter for acceptance or rejection by the voters. The present movement developed out of a campaign for a new water-works system. Two years ago it was decided that a complete new water-supply system was immediately necessary. The voters, feeling that a program so large as contemplated should not be under the control of the present type of city organization, adopted a plan of a bi-partisan water commission, independent of the mayor and council, before they authorized the bonds for the new plant. A year ago, the supreme court decided that the amendment creating the bi-partisan water commission was unconstitutional. As a result of this, the citizens’ committee which had conducted the campaign for the adop

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740 NATIONAL MUNICIPAL REVIEW [December tion of the amendments met to determine further steps. Among the points decided by the su- ’ preme court in the decision was that Kansas City cannot amend its charter by the initiative. The present constitutional provision relating to home rule charters permits of amendment by the initiative, but the court held that Kansas City’s present charter was adopted under a previous constitutional provision which did not provide for amendment in that way. Therefore, Kansas City cannot now amend its charter, except by amendments submitted by the council. This water committee, therefore, decided that a new charter was necessary, and it reorganized as the Citizens’ Water and Charter Committee. Two hundred civic, business, and labor organizations were invited to send representatives to a meeting to enlarge the committee. A considerabie number responded and formed the new organization. Out of this, a committee of forty was selected to carry on further activities. This committee of forty, in turn, selected a sub-committee of seven to recommend the form of charter to be proposed by the general committee of forty. This sub-committee, after considerable dimssion and investigation, recommended a platform consisting of several points, the chief of which were a city manager charter, some form of nonpartisan election, and a small, single-house council, at least part of the members to be elected by districts. This report met with some objection in the committee of forty, but was finally adopted at a meeting on November 5. An executive committee of nine has beeu authorized to conduct the campaign, secure signatures to petitions, employ whatever assistance may be necessary, and do all things to secure the election and favorable vote on the candidates pledged to this platform. In order to put the question of whether a commission should be elected to frame a new charter on the ballot at a special constitutional election being held February 46, a petition signed by approximately 23,000 registered voters must be filed before the first of the year. If these signatures are successfully secured, and the election is called, then SO days before the election the committee will file the names of the 1Scandidates whom it proposes as members of the commission. These candidates will be pledged to the city manager platform adopted by the committee. Other groups may select other candidates. and the 13 receiving the highest votes will be elected. it the question of writing a new charter is decided ahatively. The commission then has a year in which to write the charter and submit it to the people for ratification. It thus appears that if the committee works hard, and if it secures a sufficient number of signatures, there will be an election on the charter question. Also, if it can convince the people that a manager charter is best, a manager commission will be elected and a manager charter written. The indications are that it will be successful, since there is now, and has been for several years, an extremely strong manager sentiment. WALTER MATSCHECK. * Results of the New York Referendum.Fiveconstitutional amendments and a bond issue proposition were voted on by the people of New York state at the election in November. In addition, there was an important local referendum in New York city and another in Buffalo. The results show that the electorate exercised an extraordinary amount of discrimination, and certainly demonstrated that each proposition was considered independently of the others. More over, a rather astonishing number of people voted on the referendum questions compared to the number who voted on candidates. The election was in an off year, only the members of the assembly and local judges being up for election. One state-wide judicial office was filled, but no interest was aroused because both of the leading parties agreed on one candidate. Attention was, therefore,* to an exceptional extent, fixed on the referendum. It may be added that it is fortunate that constitutional amendments in New York are almost always submitted to the people in an off year. The first constitutional amendment on the list permitted the issuing of bond up to forty-five million dollars for B soldier’s bonus. This amendment was carried by a substantial majority in practically all the counties of the state. There was an overwhelming vote in its favor in New York city. The home rule amendment granting powers of self-government to cities, which has been before the state for at least ten years, was adopted by a suhstantial majority, not only in the cities, but in most counties as well. The third amendment opening up the forest preserve for exploitation by water power and lumber interest, which was sneaked through in the very last week of the legislative session and which was bitterly opposed by conservationists,

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194231 POLITICS AND ADMINISTRATION 741 was overwhelmed in practically every county of the state. Final figures are not available, but indicate the defeat of this amendment by a vote of between two and three to one. The majority against the amendment up state and in the rural sections was apparently even greater than the majority against the amendment in New York city. The results of this vote wiU have a tremendous influence, not only on the future of the state forest preserve, but also on the whole water-power question. The fourth amendment involving the change in the taxation section of the constitution was aimed to clear the way for the adoption of a single state tax on income of public utilities. This amendment was badly worded, carried no implication of its purpose on its face, and should not have been submitted to the electorate in this form. While the vote was close, it now seems that this amendment was defeated by a small majority. The last of the amendments permitted inmates of soldiers’ homes to vote in the communities in which they had resided. There was little discussion of this amendment and it was apparently carried by a substantial majority, largely as a matter of sentiment. The proposition for a fifty-million-dollar bond issue for state institutions was overwhelmingly carried partly as a result of a very comprehensive educational campaign in its behalf. Considering the natural aversion of the rural districta to spending state money, the affirmative vote for this proposition was very unusual, and shows that there is little fundamental difference in point of view between rural and urban communities on an important social question if this question is carefully and impartially explained. In addition, New York city voted for an increased minimum salary for policemen and &men by a tremendous majority and Buffalo, by a similar vote, approved a bond issue of one million dollars for a new building for the Institute of Arts and Sciences. Some cynical observers have suggested that the people of the state are perfectly willing to vote any amount of money in the form of bond issues because the average voter does not know that bond issues have any direct effect on taxes. As a matter of fact, it is not easy to show that the relatively small state bond issues do affect the average taxpayer to any considerable extent, especially in a state in which the so-called direct tax on real property for state purposes is only used when other revenues are insu5cient and bears little relation to the total amount of the annual budget. Judging by the results of the last election, New York must be ranked among the progressive states in the successful use of the referendum device. ROBERT MOSES. * Municipal Reporting.-Municipal reporting, its present status and its possibilities. was the subject of a seminar conducted by Professor C. E. Merriam at the University of Chicago last spring. The result of the work of that group is presented in the hope that it may act as a starting point for further investigations in the same direction. A survey and appraisal of the reports of eight typical cities led to the conclusion that in those fields where the spoilsman remains firmly entrenched, such as elections, the judiciary and police, reports are either entirely lacking or are very inadequate; that the reports lack organieation and in many cases are not indexed; that comparisons are not made with previous years or with other cities; that constructive suggestions are totally lacking; and that facts are not presented sufficiently simply and graphically to appeal to the ordinary reader. In brief, the municipal report of to-day is merely a record of current events, and usually a very incomplete and uninteresting one. The more interesting side of the work lay in suggesting the lines along which municipal reporting might be developed. An analysis of the possible functions a municipal report might serve led to the conclusion that its most useful function would be as a measure of government e5ciency. If popular government is to succeed. the voter must be able to memure the service his city is rendering him and to compare it with the service of yesterday, or with the service rendered by other cities. Such comparisons are impossible until the things to be compared have been reduced to a common denominator: hother words, until we have a yardstick or standard of measurement. The financial report was taken to illustrate how such standards might be developed. At the present time tax rates and per capita expenditures are our nearest approach to standards of measurement in this field. But a tax rate means nothing because of the wide variation in bases of property valuation. and per capita expenditures make no allowance for differences

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743 NATIONAL MUNICIPAL REVIEW [December in prices and wealth from time to time and from city to city. More scientific standards of measurement might be devised by taking into consideration units costa, the purchasing power of the dollar, and community income. Tons and square yards are the same the world over, and it waa suggested that the unit costa of street paving, coal. etc., when properly weighted to take care of temporal and geographical fluctuations in price, might serve as the basis for comparison with costs in private business or in other cities. In the eame way the general trend of the burden of government might be Shown by the relation which the total expenditures over a period of years, weighted in accordance with the changing value of the dollar, would bear to community income,also weighted according to the changing value of the dollar; and that the real burden of the public debt might be &own by the ratio between the amount of the debt and community income. Unite of measurement might be worked out in other fields of adminintration in the same way,’ and it is at leaat conceivable that at some time I progress hu alr& been made in thia direction in thm 5d of duoation. See Am: dn Zndw Number for Stdd School Sytimw, and Judd: Sum# 4EduCalion in ckorhnd. in the future we may be presented with an index number of government efficiency fully BS useN aa Professor Fisher’s index number of prim. The development of the art of presenting material so that it will appeal to the average citizen was suggested as a field offering opportunities for infinite originality. Facts must be translated into the language of the average citizen and forced upon him so graphically and persistently that he cannot forget them. Some proogress waa made upon an outline of a “model” year book which would contain useful information in popular form, special emphasia being placed upon the use of charts and graphs. It waa also suggestad that municipal “reporting” should not be confined to the publication of annual reports and year books. but that the citizen should be constantly reminded of salient facta by means of postem, car cards, movies and the radio. The reverse side of tax receipts and vouchers. pay checks. etc.. might also be used for publicity PUTPOW. Finally the point was made that reports of all kinds should be prepnred by non-partisan experts who have no personal interest in warping factato win elections. LoxlTsl! ovERAcglmk

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The CONSTITUTIONALITY of PROPORTIONAL REPRESENTATION BY WILLIAM ANDERSON University of Minnesota Supplement to the NATIONAL MUNICIPAL REVIEW DECEMBER, 1923. Vol. XII, No. 12 PUBLISHED BY NATIONAL MUNICIPAL LEAGUE 261 Broadway, New York

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CONTENTS VOTING SYSTEMS .................................................. 745 LIMITED VOTINQ-THE CONSTANTINE CASE .......................... 746 CUMULATIVE V~TIN~ .............................................. 749 PREFERENTIAL VOTING ............................................ 751 TEE HARE SYSTEM-THE KALAMAZOO CASE .......................... 753 TEESACRAMENTO CASE ............................................ 755 PRESENT STATUS OF THE LAW ...................................... 756 THE CONSTITUTIONAL RIGHTS OF VOTERS ............................ 758 ELECTIONSBYPLURA~TIES ........................................ 761 TEE RIGHT TO VOTE “FOR ALL OFFICERS” ........................... 759 CONCLUSION ...................................................... 762

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THE CONSTITUTIONALITY OF PROPORTIONAL REPRESENTATION THIS paper will deal briefly with a fairly simple problem in the construction of state constitutions. We may rule out all questions of federal constitutional law, since there is nothing in the federal constitution or statutes which in any way prevents the states from providing for proportional representation in state and local elections. Indeed, the problem is further simplified by the fact that in the average constitution not more than two or three sections are directly involved. Chief among these provisions are those which, after stating the qualifications of voters, go on to say that voters so qualified may vote (‘in all elections” or (‘for all officers.” Other sections which may be involved are those which provide for election by ballot, those which specify whether a majority or a plurality shall be necessary for an election, and those which provide for municipal control of elections. VOTING SYSTEMS The ordinary system of voting by ballot in this country is one in which every voter, marking his ballot with X’s, is permitted to state one and only one choice among the candidates for each of the several offices which are elective within his district. If his district is one which elects three representatives in the state legislature, he mity vote one choice for each of three candidates for these three separate positions, or he may vote for two or only one without spoiling his ballot. This may be called the nontransferabIe ballot system. Its purpose is plurality rule. True majority de, which is a part of the popular theory of American institutions, is not only not generally required by our constitutions and laws, but it is also attained, if attained at all, only by chance. Plurality rule is, of course, a type of minority rule. A party which has a bare plurality of votes in a bare majority of the districts or wards, may get control in a legislature or a city council, although it has the support of fewer voters than some other party throughout the state or city as a whole. In case of election at large with this system of voting, a plurality party may carry off every office. Various alternative systems of voting have been proposed and a few have been put into practice in some cases.I For example, there have been experiments with limited voting in the election of judges, police boards, excise boards, etc. This system, which is applicable only where a number of officers are to be elected from one district to identical offices, simply limits the voter to voting for one, or two, or some other number less than the whole number to be elected from the district. The purpose is to bring about minority representation, however inaccurately. Cumulative voting is in use in Illinois for electing the members of the lower house of the legislature, and has been attempted also in other places. Like limited voting, this system does not apply to the filling of a single office, but it differs from that system in that each voter is allowed as many votes as there are places to be fded but may bunch 1 For more extensive discussion of these systems, see J. R. Commons, Prqpatimrol Represeniation, 2d ed; J. H. Humphreys, PmpoztiOd Representation.

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746 NATIONAL MUNICIPAL them, or distribute them among the candidates, according to lam, as he sees fit. The Bucklin or Grand Junction system of prefereniial voting may be used either for filling a single office or for electing from one district a number of members to one body. Whether applied to a single office such as that of mayor, or to such a body as a city council, its purpose is to bring about a true majority election. The single transferable vote system of balloting, commonly known as the Hare system, works best where a number of members are to be elected to some official body from the same district, but this system of voting and counting could also be used in filling a single office. It permits each voter to vote but one first choice, one second choice, one third choice, and so on to au unlimited number of alternative choices. In the final count, each ballot may count but once, and the election is determined by the attainment of a quota of votes of electors who unanimously agree upon the election of the candidate, The choice of X to the city council need not be by first choice votes alone, but may be brought about by the addition of some second, some third, and some additional choices, to his fbst choice votes. The purpose of this method of voting is to bring about proportional representation of all considerable groups of voters in such bodies as city councils, school boards, and state legislatures. It is not only such social reforms as child labor laws and minimum wage laws which have had to submit to the test of constitutionality in this country. Political reforms, such as primary election laws, voting machine laws, the registration of voters, corrupt practices acts, the initiative, the referendum, and the recall, have all been subjected to the same judicial scrutiny. The decisions which have passed upon the REVIEW SUPPLEMENI’ [December four newer forms of voting, briefly sketched above, are few in number, but highly important. They must all be considered here, since the courts have treated these methods of balloting as being similar to each other, and have applied to them substantially the same tests. LIMITED VOTING-TEE CONSTANTINE CASE The system known as “limited voting” was tried at different times during the last century in New York City, Boston, and other American cities,’ but there was no decision passing directly ,upon the question of constitutionality until 18% By an act passed early in that year the Ohio legislature provided for police boards in certain cities to consist of the mayor and four commissioners, the latter to “be elected by the people,” with the proviso that “no elector shall at any election vote for more than two persons for such commissioners, and any ballot containing the names of more than two personsfor said office shall not be counted for any of thenamesthereon,andthefour persons receiving the highest number of votes cast, shall be decIared elected.” The purpose clearly was to give minority party representation upon the board, but the act was attacked in the courts for illegally limiting the rights of voters.* The Ohio constitution of 1851, then in force, provided that each qualified elector “shall be entitled to vote at all elections.” The supreme court held the act unconstitutional. It said that under the constitution McBain, Propwlional Repl.w~ntatian in Americar Cities, P. S. Q., 37: 981-298, 884-5; A. S. Bard, Matter bearing on the constitutionality of proportional representation in New York, etc. (typewritten), issued by P. R. League, Nov. 21. 1924. SSfatS ez re1. v. Cadantine (Is&), 44 Ohio St. 497, 51 Am. Rep. 855.

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19931 PROPORTIONAL REPRESENTATION 747 we have no doubt that each elector is entitled to vote for each officer, whose election is submitted to the electors, as well as on each question that is submitted. This implication fairly arises from the language of the constitution itself, but is made absolutely certain when viewed in the light of circumstances existing at the time of its adop tion. No such thing as “minority repwsentation” or “cumulative voting” was known in the policy of this state at the time of the adoption of this constitution in 1851. The right of each elector to vote for a candidate for each office to be filled at an election had never been doubted. No effort was made by the framers of the constitution to modify this right, and we think it was intended to continue and guarantee such right by the provision that each elector “shall be entitled to vote at all elections.” Such right is denied by this statute which provides for the election of four members of the board of police commissioners, but denies to any elector the right to vote for more than two persons for such commissioners. This decision is important because it is the first of a series directly affecting the constitutionality of the Hare system of voting. It asserts something to have been probably intended by the convention of 1851 without quoting a word from the debates of that body. As a matter of fact, in the year 18.50 the Ohio supreme court had handed down a decision sustaining an act which authorized special negro school districts in which only negroes could vote although taxeseould be levied upon the property of all? This decision almost directly answers the assertion that “each elector is entitled to vote for each officer, whose election is submitted to the electors” in the geographical district. It may be admitted, as is said in the Constantine case, that “NO such thing as ‘minority representation’ or ‘cumulative voting’ was known in the policy of this state at the time of the adoption of this constitution in 1851.” That being the case, quite obviously that constitution could 4 State ez ?el. Eastern and Western School Die tricts v. City of Cincinnati (1860), I9 Ohio 178. neither authorize nor forbid the system of limited voting. It was simply a thing unknown, or practically unknown, at that time. To give this as a reason why there should never be any change in the system of voting by the legislature is tantamount to saying that things must remain as they are in practice, without regard to what the constitution requires them to be, until the constitution itself makes a change. The legislative power is thus reduced to almost nothing. The “dead hand” of the constitution is extended not only to all things which the framers knew about and forbade, but also to all things which they did not even know about! In 1898 the judges of the Rhode Island supreme court were asked to give their opinion upon the constitutionality of a bill to provide for the election of the town council of the town of Cumberland upon a general ticket, with the proviso that “one person only shall be voted for by any one elector,” and that “the five candidates receiving the highest number of votes shall be declared elected. ” The judges unanimously replied as follows:6 We are of opinion that such an act would not be constitutional. Section 1 of article 2 of the constitution confers upon the persons possessing the qualifications therein specified the right to vote in the election of all civil officers, and on all questions in all legal town or ward meetings, and section 1 of article 7 of the amendments to the Constitution also confers upon all persons who shall be qualiied in accordance with the provisions thereof the right to vote in the election of all civil officers, and on all questions in all legally organized town or ward meetings, . . . It will be readily seen. therefore, that such an act as the one proposed would materially restrict the right to vote thus conferred upon electors, and hence would be clearly unconstitutional. It will be observed that the Rhode Island constitutional provisions are sopinion of the Judges (1898), 21 R. I. b79 41 Atl. 1009.

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748 NATIONAL MUNICIPAL REVIEW SUPPLEMENT [December . . . The court stated the question as being this: whether the right to vote at all elections should be construed to “include an absolute right to vote for every candidate (sic) of a group of candidates for the same office?” To answer this question in the affirmative, said the court, would be equivalent to enlarging the scope of the words “vote at all elections” by adding thereto the words “also for every candidate of a group of candidates for the same office.’, This the court refused to do. “The constitution does not say so and has never been interpreted to so mean. ’’ The court then reviewed the history of legislation upon this point, and pointed out that limited voting had been used for the election of inspectors of elections (1839), for the election of jury commissioners (1867), and for the election of delegates to the constitutional convention (1872). The attorneys argued, however, that since the Pennsylvania constitution itself establishes limited voting for the election of supreme court judges, county commissioners, the magistrates of Philadelphia, and inspectors of elections, under ther maxim expressio unius exclusio est alterius, such a system of voting would be forbidden in other cases. The court held that this maxim did not apply. “In the cases specified the constitution is mandatory; it says to the legislature in these, enumerating them, thou shalt prescribe the limited voting plan; in the cases not enumerated but of the same kind it is discretionary. ” In general the court took the sound view that legislative competency is plenary, in the absence of clear constitutional prohibitions; and it refused to import into the words of the constitution a meaning which does not appear upon their face.8 8 mThile there is no decision of the New York courts which passes finally upon the constitutionality of limited voting, several cases have distinctly different from those in Ohio, in that the former specifically say that the qualified elector may vote for “d civil officers and on all questions” in the respective voting districts. The New Jersey constitution has a similar provision, which declares that in his district every qualified voter “shall be entitled to vote for all officers that now are or hereafter may be elective by the people. ” When the same question came up in two New Jersey cases, therefore, the supreme court of that state held that a provision for limited voting for excise commissioners in cities was “plainly an infringement ” of the voter’s constitutional right.6 “The constitutional mandate,” the court said, “is clear and distinct. ” Some reliance was placed upon the Constantine case. The only court which has taken a contrary view on the question of limited voting is that of Pennsylvania? The 1874 constitution of that state provides that qualified voters “shall be entitled to vote at all elections,” exactly as in the Ohio constitution of 1851. The Pennsylvania constitution of 1838 used substantially the same language. By an act passed in 1895 the legislature created a superior court, under the supreme court and of state wide jurisdiction, to consist of seven judges. The latter were to be elected by the people of the entire state, but “No elector may vote . . . for more than six candidates upon one bailot for the said office.” This provision guaranteed a minimum of minority representation upon the bench. The act was assailed in the courts as an infringement upon the right of voters. 6blcA~dle v. Jmrey City (1901), 66 N. J. L. 590, 49 Atl. 1013, 88 A. S. R. 496; State ez ?el. Bden v. Bedell (1902), 68 N. J. L. 451, 53 Atl. 198. 7 Commonwealth ez ?el. hIcCmmick v. Reeder (1895), 171 Pa. St. 505, 33 Atl. 67, 33 L. R. A. 141.

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19233 PROPORTIONAL REPRESENTATION 749 CUMULATIVE VOTING The leading case on cumulative voting was decided in Michigan ihn 1890.9 The Michigan constitution at that time required that representatives in the state legislature should be chosen by single districts. At the same time, no township or city could legally be divided in the formation of representative districts. When any such place had a population sufficient to entitle it to two or more representatives, “then such township or city shall elect, by general ticket, the number of representatives to which it is entitled.” In 1889 the legislature enacted That, in all elections of representatives to the state legislature in the districts where more than one is to be elected, each qualified elector may cast as many votes for one candidate as there are representatives to be elected, or may distribute the same among the candidates as he may see fit, and the candidates highest in votes shall be declared elected. The Grand Rapids district was entitled to two representatives. It appears that 13,164 voters cast their ballots at the election in that city. The Democrats, over 7,000 in number, appear to have voted generally for two candidates, W. and H., giving one vote to each. The Republican voters, over 5,000 in number, in many cases voted ” for Maynard, giving him 5,374 separate ballots, but a total “vote” of 8,368. The canvassers refused to count the ballots in the manner provided for by the statute. Maynard was credited with onl:. 5,374 votes. W. and H., with over 7,000 each, were involved systems of limited voting. Demurest v. Wickham (1875). 69 N. Y. 320; People ez rel. watkinr v. Perkg (1880), 80 N. Y. 624; People ez rel. Wd v. CrisSey (1885), 91 N. Y. 616; People ez rel. Angerdein v. Kenney (1884). 96 N. Y. 294. See also Rathbone v. Wirth (1896). 150 N. ‘Y. 459. 9 Maynard v. Board of Canvassew (1890), 84 Mich. 228. declared elected. Thereupon Maynard sought a writ of mandamus to compel the canvassers to certify his election. The court held the act unconstitutional. It admitted that there was no express provision of the constitution to invalidate the statute, and it is diflicult to ascertain just what provision of the constitution was construed to imply a prohibition. In general, however, the provisions quoted above as to the election of representatives, and the further provisions that “In all elections every male citizen . . . shall be an elector and entitled to vote,” and that “all votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen, ” appear, separately and in combination, to have given the court its cue. The learned chief justice wrote that the state constitution was intended to guarantee a representative form of government. The foundation of such a system of government is . . . that every elector entitled to cast his ballot stands upon a complete political equality with every other elector, and that the majority or plurality of votes cast for any person or measure must prevail. All free representative governments rest on this . . . It is the constitutional right of every elector, in voting for any person to represent him in the legislature, to express his will by his ballot, and such vote shall be of as much influence or weight in the result. as to any candidate voted for, as the ballot and vote of any other elector. The constitution does not contemplate, but by implication forbids, any elector to cast more than one vote for any candidate for any office. This pohibitwn is implied from the system of representative governmeni provided for in that instrument. (Italics the author’s.) Since the system of representative government is nowhere mentioned in the Michigan constitution, one is tempted to quote the words of that other distinguished former member of the Michigan supreme court, Mr. T.

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760 NATIONAL MUNICIPAL REVIEW SUPPLEMENT [December amendment; but the dissenting judge pointed out that if that system violated the “republican form of government, ” not even an amendment to the state constitution could validate it. He denied that cumulative voting gave unequal rights to electors. He disagreed with the assertion that the constitution guaranteed majority rule, or anything like it, or that majority rule was essential to a representative form of government. He said, however, that all this argument had nothing to do with the case. The legislature had decided all these points, and the court had no power to pass upon the merits of the legislation. The legislative power was vested in the legislature. “The legislative power so vested is aU the power before inherent in the people, subject onlyto suchlimitations as are expressly or by necessary implication contained in the constitution.” Courts, he declared, have no power to declare acts void because they violate some undefiued spirit of the constitution. ” The Illinois constitution provides for cumulative voting in the election of representatives. Without such express constitutional %uthority the legislature provided in 1889 for the establishment of sanitary districts, and ‘for the election of trustees therein by the cumulative system. This method Gf voting was optional, however; no voter was compelled to cumulate his votes. The act was held valid, but the exact reason for the decision is not clear.’@ On the one hand the court considered the fact that sanitary districts are not created by or mentioned in the constitution. They exist only by statutory creation and can be organized only as required by statute. There is no provision of the constitution re quiring elections, generally, to be by a majority of persons voting. but in each article of the con10 Pm+ sz rsl. Lmqenscker v. Nelron (1890). 153 111. 686. M. Cooley, to the following effect: Nor are the courts at liberty to declare an act void, kuae in their opinion it is opposed to a +d supposed to pervade the constitution, but not expressed in words. “When the fundamental law has not limited, either in terms or by necpssary implication, the general powers conferred upon the legislature. we cannot declare a limitation under the notion of having discovered something in the rpd of the constitutioo which is not even mentioned in the instrument.” In this case, however, the court did have something a bit more secure and obvious to hang its decision upon than the vague expression “ system of representative government.” It went on to say that the requirement of a “general ticket” in the election of two or more representatives from one city was a reasonably clear prohibition of cumulative voting in such places, for otherwise the rights of voters in plural districts would be different from those of voters in single districts, which the court considered contrary to the constitution. In every district a voter is entitled to vote and have his vote counted, for each officer who is to represent him. Even this reasoning is not entirely conclusive, however; for if voters within any district have equality of voting right as among themselves, it can make little difference if voters in other districts have different rights as among themselves. One of the five judges thought that the question of constitutionality was not a proper one to consider in this case. The fifth judge wrote a vigorous and cogent dissent. In his opinion the court had based its decision not upon a question of law but upon its views as to the wisdom or policy of the legisIation. He thought it was not for the court to instruct the legislature as to what is involved in a republican form of government. The majority had suggested that cumulative voting could be validated only by a constitutional ,

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195231 PROPORTIONAL REPRSSENTATION 751 stitution. certain oflicers are named, and as to those there are required to be elections, but as to other officers not named, there is no requirement or restriction in this respect. Indeed such officers as are unknown to the constitution might be either appointed or elected. It must follow, that since there is no restriction upon the General Assembly in regard to the mode of election of drainage trustees, it was discretionary with it to provide for their election by cumulative vote. The court considered also the fact that cumulative voting was not compulsory under the act. If the act had made the cumulation of votes compulsory, a very different question would have been presented. In that case each voter would be deprived of the privilege of voting at the election of n part of the officers to be elected, and to that extent would be excluded from his constitutional right. This statement must, however, be considered as essentially a dictum. These are the only decisions on the question of the constitutionality of cumulative voting.11 The Maynard case is important because it has served as a guide in later cases involving other methods of voting. It is unfortunate that the system should have been tried out under such inauspicious circumstances in that instance. The attempt to apply the cumulative method where only two representatives were to be elected resulted, practically speaking, in giving one member to each party no matter what the inequalities in numbers between them. This is not an attempt to justify the decision, however. PREFERENTIAL VOTING About 1913 there were several experiments with preferential voting. But see also Statc ez rel. Shaw v. Thompson (1921). el N. D. 426, 131 N. W. 2.31, where a statute VAS held not to provide for cumulative voting. There was no decision on the constitutionality of the system as applied in Cleveland.= Under the Duluth charter of 1919-13, the mayor, four city commissioners, and municipal judges were to be elected by the preferential ballot, primaries being done away with. In voting for city commissioners, no vote was to be counted unless the voter cast as many first choice votes as there were places to be filled. If he voted for only three or two or one, his vote would be cast out. To many persons this would appear to be a serious limitation of the right of voters to vote, yet it was sustained by a unanimous court.” The power of home rule cities to regulate their own elections, subject to the constitution, was fully upheld. With the wisdom 01 these charter provisions we have no concern. They emanate from the authority having power to legislate generally as to such matters. They are the law unless they run contrary to some higher law. The state constitution is such a higher law. The litigants were not fully satisfied with the first decisions. In a later case they presented squarely the question of the constitutionality of preferential voting.I* Following the argument of this question, the court declared the system to be in violation of the Mcinnesota constitution. When the constitution was frnmed, and aa used in it, the word “vote” meant a choice for a candidate by one constitutionally qualified to elrercise a choice. Since then it has meant nothing else. It was never meant that the of Cleveland (1915). 88 Ohio St. 338. involving the Cleveland charter of 1913. the question was raised but not directly decided. An evenly divided court up held the right of cities to rcgdate their own elections. u Farrell v. Eicken (1914), leb Min. 407. 147 N. W. 815; McEwm v. Prince (1914). 1W Minn. 417, 147 N. W. 275. 158 N. w. 953. In the case of Fitzqerald v. 14 Broum v. Smallpoood (1916). IS0 Minn. 4w,

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763 NATIONAL MUNICIPAL REVIEW SUPPLEMENT [December ballot of one elector, cast for one candidate, could be of greater or less effect than the ballot of another elector cast for another candidate. It was to be of the same effect. It was never thought that with four candidates one elector could vote for the candidate of his choice, and another elector could vote for three candidates against him. The preferential system directly diminishes the right of an elector to give an effective vote for the candidate of his choice. If he votes for him once, his power to help him is exhausted. If he votes for other candidates he may harm his choice, but cannot help him. Another elector may \ate for three candidates opposed to him. The mathematical possibilities of the application of the system to different situations are infinite. This decision, it will be observed, goes directly to the question of equality of voting right among voters in the same voting district. This is the fundamental problem. The Minnesota constitution provides that in his district every qualified voter shall, at any election, “be entitled to vote . . . for all officers that now are, or hereafter may be, elective by the people” at such election. While this language does not expressly say that every vote shall be equal to every other, there can be little doubt that such was the intention of the language. It is important to note, however, that there is no system of voting which absolutely guarantees to every voter, no matter how ignorant, or indifferent, that his vote will be absolutely equal to that of every other voter. He may vote ignorantly; he may fail to vote upon certain o5ces; he may mismark his ballot; he may entirely fail to exercise his voting right. If he does any of these things, his vote is in fact worth less than that of other voters. It may be worth nothing. The law cannot prevent that, but neither should it encourage inequalities. Does the system of preferential voting do the latter? The answer would seem to be in the affirmative. The elector who votes only first choice in many cases votes most effectively. The one who votes fist, second, and third choices has relatively less chance of electing his first choice candidate, since his second and third choices must be for candidates other than his first choice, and this probably means for rival candidates. In the same year the New Jersey supreme court reached the opposite conclusion with reference to preferential voting.16 The requirements of the statute involved in this case were almost identical with those of the charter in the Duluth case. The New Jersey and Minnesota constitutional provisions are also practically identical. The decision in New Jersey was rendered by a single justice, as required by statute in the particular proceedings. The justice ruled in the first place that it was constitutional to require a voter to vote as many first choices as there were places to be filled, on the ground that the voter has no constitutional right to fail to vote, nor has he any constitutional right to advance the cause of any particular candidate by voting fpr him alone. On this point the justice followed the Minnesota decision, but on the preferential feature of the law he departed widely from the Minnesota court. The question was whether the second and third choice provision did not authorize the voter to vote for more officers than there were places to be filled, in violation of the constitution. We quote the answer of the justice: The manifest purpose of the act is to ascertain the preferences of a majority of all the voters participating in any such election, and to give effect to that preference rather than to determine the result by a plurality vote. The court cannot pass upon the policy of such legislation; . . . The conclusion I have arrived at is, that it is only 16Orpm v. Watson (1915), 93 Atl. 853, 87 N. J. L. 69.

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19231 PROPORTIONAL REPRESENTATION 753 the choice votes which go to make a majority that are counted as effective votes, and as no voter can vote for the same person but (more than) once in expressing his different choices, he can in no way cast more than one vote which can be counted for each office to be filled, because none of his other votes enter into or influence the result. If the person for whom he votes as his first choice has a majority of that class of votes, and recourse is not had to the second choice votes, no second choice vote of his has any effect, and so if his second choice votes enter into the majority, all of his first choice votes are void so far as they affect any result. It is perfectly clear that under this method of canvassing votes to ascertain where the majority rests, the ballot of any voter can only be counted once for any one candidate. Therefore, the voter has not cast a vote for two persons for the same office in violation of any implied prohibition of the constitution on this subject. This decision was rendered without reference to the earlier New Jersey decisions on limited voting. Stress is laid upon the fact that the successive stages in counting of votes must be kept distinct. If any candidates receive a true majority on the first count, i.e., on the count of first choices, they are elected, and there is nothing more to be done as to them. If it becomes necessary to resort to second choice votes in order to f3.l the entire number of places by majority votes, there is still no feature of cumulative voting involved, since no voter may vote a second or third choice for any candidate for whom he cast a fist choice vote. If the system is to be attacked, therefore, it must be either upon the ground .mentioned in the Duluth case, or upon one of the following: That it rejects the principle of plurality elections, which is embedded in some state constitutions; or that it makes alternative second and third choice votes equal in value to fist choice votes when it is necessary to count the former in order to ascertain the true majority. The New Jersey decision did not consider these two points. There have been several other decisions in which systems of preferential voting have been considered, but they are not of importance here. One arose out of an attack upon the Portland, Oregon, charter of 1913, which provided for preferential voting in the election of the city commission.’@ In this case it was necessary for the court to decide only that a charter adopted by the voters of a city has the same standing as a law. The state constitution authorizes the establiishment by law of the system of preferential voting. The other two cases involved the use of the preferential system in primary elections.17 Of course, a primary election is designed merely to select certain of the stronger and more popular candidates as nominees, whose names shall appear on the ballot. A primary election is not an election to office, and does not come under the ordinary constitutional rules as to elections. One of the punposes of the Hare system of voting, as well as of the preferential system, is to avoid the necessity of holding the primary election. This is done by permitting the voter to express all his choices at one time on one ballot, instead of compelling him to appear at the polls several times to do this. In Duluth, when preferential voting at the election was declared invalid, it waa necessary to restore the primary election. When this was done, the primary itself was made preferential. THE HARE STSTEM-THE KALAMAZOO CASE We come then to the decisions involving the constitutionality of what is known as “proportional representation.” It would be more accurate to State ez ?el. Duniway v. Portland (1915), 65 Ore. 273. 133 Pac. 6% l7 State ez rel. Zent v. Nichols (1908). 50 Wash. 508, 97 Pac. 728; Adam v. Lansdon (1910), 18 Idaho 483, 110 Pac. e80.

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754 NATIONAL MUNICIPAL REVIEW SUPPLEMENT [December speak, in this country, of the system of the single transferable vote. The yesult of the use of this system should be proportional representation, but the aame result can be obtained with more or less accuracy by other voting systems. The Kalamazoo case was the first to be decided.18 The 1918 home rule charter of that city, provided for a council of seven to be elected from the entire city as one constituency by the Hare system of voting. The Michigan constitution provides that “In all elections (every quaIified person) shall be an elector and entitled to vote” in the district where he has residence. It is also provided that “All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.” Cities have the power to frame, adopt, and amend their charters, but “No city or village shall have power to abridge the right of elective franchise. ” In the Maynard case, explained above, the question involved was the constitutionality of cumulative voting in the election of representatives where the constitution provided for their election on R “general ticket.” The decision contrary to the Hare aystem in the Kalamazoo case was based primarily on the ground that, if seven councilmen were to be elected from the city at large, Endi elector had the right to vote for seven miicliilrrtrs, by a vote not only “of equal effect wi(11. irrid 110 inore than. the vote of every other elcc*lcir kir every officer to he elected,” but ot eqiilrl ~iolerrt id vnlue as to each of the seven andidrrtm to lw voted for. The Hare system liiiiib his pwcr to rxpress his preference “in this uiiiii1it.r“ to hit one randidate of the sewn, only pennil I iiix liiiii to express a second choice for one otlier. trrtcl .so ori by nrrrneriarlly dwindling and wrnkriiiiil: clioirrs until the.elector has expressed ** Wdrn n rd. Johnam v. Vpjoian (19%0). all Mich 511, 170 N. W. 3%. thus “as many choices aa you (he) plea=.’’ . . . While each voter can under the Hare system vote for all candidates to express sequential choices as provided. it is evident thst his vote is primarily and positively effective for only one candidate. It wiII be readily seen that the Michigan court, in construing the state constitution, has practically added to the words “In all elections (every qualified person) shall be an elector and entitled to vote” the words “for every officer who is made elective within the district.” It is not enough that there shall be equality among voters. Practically speaking, this decision is a guarantee of plurality rule. In other words, while other states have found it necessary to write into their constitutions in express words the right of the voter to vote for “all officers” and the right of the greater number to rule, in Michigan the court has practically written these words into a constitution which contains neither provision. At the same time the court had certain additional considerations in mind. It quoted the provisions forbidding cities and villages “to abridge the right of elective ,franchise. ” Tt is probable, however, that an act of the legislature establishing the Hare system would have been given equally short shrift. It enlarged also upon the element of chance in distributing surpluses, which was assumed by the court to result in some cases in making votes of somewhat unequal value. An actuary, mathematically skilled in the application of the doctrine of chances to financial and other affairs, might work with confidence upon the possibilities of this system, but to the non-expert there is force in the didum of the Maynard Case that it appears “too intricate and tedious to be adopted for popular elections by the people. ” It asserted that the Hare system is similar to preferential voting, and subject to the same objections as were

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192 PROPORTIONAL REPRESENTATION 755 pointed out in the Duluth case. To the argument of counsel that the district to be considered was not the entire city as a geographical unit, but the single unanimousconsent district, based on common opinion instead of arbitrary geographical lines,” the court gave ear but not assent, saying that, however alluring in theory, such intangible, undefined, theoretical demarkation by similar thought or views is not a legal substitute for what is in law recognized to be a voting constituency or geographically defined representative district, as the sight of franchise has become established under our constitution. 86 THE SACRAMENTO CASE The next final court decision upon this question was that filed in California.10 There the supreme court, without assignment of reasons, refused to entertain the petition of counsel for the city of Sacramento for a rehearing of the case previously decided adversely to the city by the district court of appeaI. We must, therefore, reIy upon the decision of the latter as authoritatively stating the law in that state. The Sacramento charter provided for the Hare system, under the ordinary rules, for electing the city council of nine members from the city at large. It was attacked as violating the voter’s right “to vote at all elections which are now or may hereafter be authorized by law.” It was the assertion of the court that The constitutional right to vote would be a barren privilege if the legislature could limit its exercise to one 06ce or one Dropsition to be voted on. The right to vote “at all elections” includes the right to vote for a candidate for every office to be filled and on every proposition submitted. The election of nine members of the city council is the election of persons to nine officea as fully as if the offices were distinct in 1’ Pmplc et rcl. Deoins v. Elkua, Cal. District Court of Appeal, Third District, Oct. 23. 19%; petition for rehearing denied by supreme court (leee). ell Pac. 34. name and in the duties to be discharged, and it is as far beyond the legislative power to limit the elector to the right of voting for one andidate therefor as it would be in the election of state or county officers. The citations of authority go back to the limited voting case of Stale v. Constantine, and include also the cumulative voting cases and the preferential voting cases. Chief reliance was placed, however, on the decision in the Kalamazoo case. The court of appeals decision in the Cleveland case was distinguished on the ground that in that state cities “are given the right of local self-government in the broadest sense. ’’ The court found comfort, also, in the statement in McCrary on Elections “that minority representation and cumulative voting can be provided for only by constitutional provision. ” A considerable portion of the decision was given over to a consideration of the question whether the home rule provisions of the California constitution do not authorize cities to regulate their own elections to the extent of providing for the Hare system. The court said that the answer to this question would depend upon the construction of section 84 of Article XI, which is, in brief, as follows: It shall be competent in any charter framed.in accordance with the provisions of this section, or section eight of this article, for any city or consolidated city and county, and plenary authority is hereby granted, subject only to the restrictions of this article, to provide therein or by amendment thereto, the manner in which. the method hy which, the times at which, and the terms for which the several county and municipal officers . . . shall be elected or appointed. The court pointed out, however, that the local charter must be “consistent with and subject to” the constitution. It also reasoned that “the manner in which” and “the method by which” officers shall be elected did not

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756 NATIONAL MUNICIPAL REVIEW SUPPLEMENT [December relate to the designation of the persons who should be electors, nor to the abridgment of “the constitutional right of qualified electors to vote.” “Certainly by the adoption of section S$, the people have not ‘expressed with irresistible clearness ’ an intention to infringe and overthrow the fundamental right guaranteed by the constitution to every qualified elector of voting at all elections.” It might well be asked whether the right to vote “at all elections” expresses with irresistible clearness the right of every voter to vote by the old method, and by the old method alone, for every office elective within the district. There is one provision in the California constitution which, in the writer’s mind, bears directly on the question involved in the Sacramento case, but which for some reason was not cited in the appellate court’s decision. The provision reads as follows : A plurality of votes given at any election shall constitute a choice where not otherwise directed in this constitution; prowided, that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of this constitution to provide the manner in which their respective officers may be elected. and to prescribe a higher proportion of the vote therefor. This section must mean something, and it would seem to authorize cities to provide for other than plurality elections, which is the most important point involved. THE CLEVELAND CASE The decision of the Ohio court of appeals in the Cleveland case preceded the California decision by a few months.10 The question was whether the provision of article 5, sect.ion 1, 20 Reutener v. City of Cteyeland, Ohio Court of Appeals, Eighth District, May 6, 192% The writer has used a typewritten copy of the decision. that each properly qualified elector shall “be entitled to vote at all elections” (this language being the same as in the California constitution) forbade a city operating under a home rule charter to provide for the Hare system of voting. The court answered this question as follows: If this fifth article of the constitution stood alone and was the sole measure of constitutional power in the case at bar the Constantine case might be deemed authoritative. The fifth article of the constitution, however, is not operative when it comes in conflict with Article XVIII. This is true not only because by the schedule (the) older provisions of the constitution must yield to the newer, but because the general must yield to the particular. The court then proceeded to review several earlier Ohio decisions, in one of which it was held that the power conferred upon the legislature to create schools included the power to authorize women, in addition to men, to vote in school elections; and in another of which it was ruled that under article 18 a home rule city might extend to women the right to vote for municipal officers under the charter.*l The fact, therefore, that a given elector may in the first instance vote for but one candidate, and in many instances will be limited to voting for one only. Dresents no mnstiational difficulty. The court went on, quite unnecessarily, to explain the rights of voters under the Hare system. It answered the charge that the system was “vague, indefinite, and incomprehensible” by saying that while it did present some d8iculties for the judges of elections, On the part of the elector but little more is required than in voting the present judicial ballot. . . . Most of the electors will not be election officials, and it is no more important that they understand the methods of tabulating 21 State ez rel. Mills v. Bond of Election of City of Columbus (1895), 9 Ohio C. C. 133; ahed in 54 Ohio St. 631; State ez ?el. Taylor v. French (1917), 96 Ohio St. 172.

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19231 PROPORTIONAL REPRESENTATION 757 the votes than it is that voters understand the mechanism of the voting machines in those states where. the latter are employed. The court recognized, also, that an element of chance enters into the distribution of transferable ballots, and that there was a possibility that in Borne cases “a particular elector’s voting strength (may be) used directly against such elector’s expressed desire. ” This unproved and highly questionable assertion was followed, however, by this compensatory remark: It must be remembered, however, that the plan as a whole extends the elector’s rights and opportunities. In compensating for the possibility that the plan will operate against his desires, in some instances, is the probability that on the whole he has more adequately expressed himself by exercising all his rights under the new plan than if he had exercised all his rights under the old plan. Whether or not he is paying too much for the added privilege of expressing his second and successive choices is, after all, a question that this court cannot determine. It will be understood that the statements here quoted are entirely dictum. In affirming this decision the Ohio supreme court definitively established the constitutionality of the Hare system as provided for in the Cleveland charter.22 The supreme court, like the court. of appeals, really based its decision upon the proposition that the power of home rule cities under article 18 of the constitution is not subject to the provision in section 1 of article 5 that each elector shall be “entitled to vote at all elections.” To hold valid this systen of voting adopted by the people of Cleveland, is merely to carry out the plain meaning of the constitutional provision that municipalities shall have all powers of local self government, and to give effect to the power which rightly takes precedence over all statutes and court decisions,-the will of the people, as expressed in the organic law. a Rartaer v. cay of Cleveinnd (Ohio, S. c.. March 6, 1922). The writer has used a typewritten copy of the decision. The Kalamazoo case was distinguished on the ground that in Michigan municipal home rule charters are “subject to the constitution and general laws of the state. ” There are interesting dicta in the supreme court decision, a few of which may be quoted. After quoting the provision that each voter may vote at all elections, the court said: On the face meaning of this section, the Hare system of proportional representation does not violate the Ohio constitution, for the elector is not prevented from voting at any election. He is entitled to vote at every municipal election, even though his vote may be effective in the election of fewer than the full number of candidates and he has exactly the same voting power and right as every other eIector. The plaint8 in error, however, claims that the case of State v. Constantine . . . is an authority binding upon this court in his favor. . . . This case is certainly an authority against the proposition of the defendant in error. The slight circumstance that cumulative voting was condemned in the Constantine case, while it is proportional representation that is here attacked, does not greatly differentiate the cases. State ez rel. v. Constantine, however, extended the plain language of the constitution far beyond the word meaning of the provision contained in Article V. Section 1. To the clause “shall be entitled to vote at all elections, ” it added a clause,--“ and for a candidate for each office to be filled at each election. ” The court then proceeded to discuss the home rule provision. It is entirely clear that the friends of the Hare system will be wise not to rely too coddently upon their success in Ohio. It is a splendid thing for them to have been able to establish the constitutionality of the system in a large city in a pivotiL1 state, but the decision is hardy in the class of exportable commodities. There will be few opportunities to use it in other states. Even in other home rule states, such as California and Michigan, the decisions have already gone squarely against the system, while in Min

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758 NATIONAL MUNICIPAL REVIEW SUPPLEMENT [December election in the state,” and the Louisiana constitution has the same provision with certain exceptions. In Alabama and North Carolina the wording is: “entitled to vote at any election by the people. ” In Illinois the provision reads: “entitled to vote . . . at any election. ” In Georgia and Michigan the provisions read, with slight verbal differences, “shall be an elector and entitled to register and vote at any election by the people. ” 4. Three constitutions (Conn., Ky., Neb.) provide simply that every person with certain qualScations “shall . . . be an elector,” or voter. Seven others provide that each such person shall be a “qualified elector” or voter. (Ida., Kan., Miss., N. D., Okla., S. D., Wis.) In six of these constitutions (Kan., Ky., N. D., Okla., S. D., Wis.), the residence requirements are so stated that the provision may mean that the qualzed voter is entitled to vote at any election. 6. In four states the bills or declarations of rights have the provision that every qualified person shall “have an equal right lo elect oficers, and to be elected.” (Mass., N. H., S. C., Vt.) In the same constitutions are other provisions more particularly defining the qualiiications of voters, and stating in some cases the titles of offices which may be filIed by election. 6. The provisions on the points here involved in the constitutions of Arizona, Louisiana, Maine, Massachusetts, Michigan, Mississippi, New Hampshire, Oregon, Rhode Island, South Carolina, Texas, Utah, and Virginia, are either so scattered, or so complicated, or so unusual in some respect, as to call for separate discussion. Unfortunately there is no place here for this discussion. What the writer wishes to emphasize by this brief summary is the fact that the pertinent provisions in the different nesota also a home rule state, there is a decision on preferential voting which has been construed by the attorney general of the state to be broad enough to forbid the Hare system of voting.18 THE CONSTITUTIONAL RIGHTS OF VOTERS Enough has been said in the preceding paragraph to show how unsatisfactory is the law on this important question. The question is, What is a sound construction of the state constitutional provisions on the right of electors to vote? These provisions are to be found in many different forms, but it may be said in advance that in no state constitution is there any express prohibition of proportional representation or limited, cumulative, or preferential v0ting.2~ 1. There are at least six constitutions (Del., Minn., Mont., Nev., N. J., N. Y.,) which provide, with slight variations in language, that every elector shall be “entitled to vote for all oficers that now are or hereafter may be elective by the people. ” Four of these constitutions add “and upon all questions which may he submitted to the vote of the people.” (Del., Mont., Nev., N. Y.) 2. Eleven constitutions provide that each elector shall be “entitled to vote at ah? elections.” (Cal., Col., Ind., Iowa, Md., Mo., Ohio, Ore., Pa., Wash., W. Va.) The constitution of New Mexico says: “qualified to vote at all elections for public officers.” The Florida provision is : ‘I be deemed a qualiied elector at all elections under this constitution. ” 3. The constitutions of Arkansas and Wyoming provide that every qualitied elector shall be entitled “to vote at any WOpinion rendered Dee.. 1. 1921; see Minnssoto Municipnlilies. 7:81-85. I( The constitutional provisions can be found in oztenaa in Kettleborough‘s State Constifuiions.

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19231 PROPORTIONAL mPRESENTATION state constitutions are not identical. In the main they fall into the six large groups outlined above, but even within the groups there are differences in statement which may mean differences in meaning or intention. It is not accurate to say that there is any uniform common or constitutional law upon the points involved. In each state the question must be studied from the point of view of the constitutional history and phraseology of that particular state. At the same time, if we go far enough back, we shall find a common historical background. In each state to-day, with certain express exceptions in a few states, there is a uniform set of qualifications for all voters. In colonial days, however, the law and the practice were almost exactly the opposite.26 In a single borough or city, different persons might be entitled to vote as the result of having different qualitkations. As between several boroughs in the same colony, there might be still other differences. People living outside of the incorporated towns or boroughs could qualify as voters in ways which did not conform to those known within such places. A voter might be qualified to vote for certain officers, and not for others. Indeed, diversity was the rule rather than uniformity. This was not so true in New England as elsewhere, but in no single colony in early colonial days could one point to one single set of electoral qualifkations of uniform application in all places and to all persons. There were different classes of voters for different purposes. Instead of equality there was inequality. Such tests as existed related to property ownership, freemanship, conformance to religious standards, resiSee A. E. McKinley, The Suffrage Franchiss in the Thitfeen English Colonies in America, and C. F. Bishop, Hisfory of Elections in the Anmican Colonies. 759 dence or attachment to the place, and other factors. THE RIGET TO VOTE “FOR ALL OFFICERS’’ The long struggle between the colonists and the agents of the king which culminated in the Revolutionary War was to some extent a leveling movement. At least some of those who participated looked forward to a society in which the aristocracy would have lost its power, and in which men would be politically equal. The first state constitutions did not reflect any immediate success for this movement. In the New York constitution of 1777 a distinction was made between those who could legally vote for representatives and those who could vote for senators. Any male person who had a freehold of the value of 20 pounds, or who was a taxpayer and rented a tenement to the value of 40 shillings per year, was permitted to vote for representatives. On the other hand, none could vote for state senators unless he had a freehold of the value of 100 pounds.*6 The upper house was distinctly designed to be the representative of the propertied interests. In the constitutional convention of 1831 there was a strong movement for establishing the equality of men. A committee dealing with the question of the elective franchise brought in a report recommending that Every white male citizen of thr age of twentyone years, who shall have resided in this state six months next preceding my election . . . N. Y. Const. 1777, arts. VII, X. There was a similar distinction made in the first constitution of North Carolina. and it may have existed elst+ where. The federal constitution itself recognizes this distinction, for in providing for the election of representatives in Congress it says they shall be chosen by the electors in each state having “the qualifications requisite for rlectors of the most numcroua branch of the State legislature.“

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760 NATIONAL MUNICIPAL REVIEW SUPPLEMENT [December blage of paupers, emigrants, journeyman manufacturers, and those undefinable classes of inhabitants which a state and city like ours is calculated to invite.” Indeed, the city of New York would rule the state! There was only one salvation. Let none but men of property, the honest, independent, temperate and just class of small farmers and other freeholders, control the senate. They, said the Chancellor, “are the surest guardians of property. ” The debate thus begun extended over several days. It was ably sustained on both sides, the exponents of equality being rather more numerous and cogent. The issue was clearly understood. It was not whether every voter should vote for every senator, or even whether he should vote for every one elected in his district. Not a word was said which in any way indicated any confusion upon this point. It was simply the question whether there should be one class of voters for all purposes, or different classes of voters for different purposes. Mr. Root’s amendment would have been more specific and more clearly expressive of his point if it had said: “There shall be but one class of voters for all purposes. No class of officers shall be chosen by any but the general body of voters.” Or, in other words, each properly qualified person shall be entitled “to vote for all classes of officers” which now are or hereafter may be elective within the voting district. The purpose was to make all voters equal, to abolish voting classes. So far as the debate goes, there was no intent shown to prohibit either single district voting or plural district voting, limited voting, cumulative voting, preferential voting, or the Hare system. Methods of voting simply were not discussed. When the vote was taken the exponents of equality among voters showed a handsome majority. The shall be entided to vote at such election, in the town or ward in which he shall reside, for governor, lieutenant-governor, senators, members of the sssembly, and all other officers who are or may be elected by the people.“ A few days later Mi.. Erastus Root proposed an amendment stating that every person with certain different qualifkations “shall be entitled to vote, in the town where they (he) may actually reside, for any elective officer in this state.”la When this amendment came up for debate, Mr. Ambrose Spencer of Albany proposed to amend it by inserting the following words after the word “state”; “other than for senators; and that in elections for senators, every free male citizen, of the age of 21 years, who shall have been, one year next preceding the election, an inhabitant of this state, and at the time of offering himself as an elector, shall have an interest in law or equity, in his own or in his wife’s right, in any lands or tenements in this state, of the value of $250 over and above all debts charged thereon, shall be entitled to vote for senators in t.he town or ward in which he shall reside. This proposition was supported by Mr. Spencer, Mr. Chancellor Kent, and several others, as necessary to give adequate protection to property. The senate should be the bulwark of the propertied classes. If the same voters were to elect both houses of the assembly, what would be the utility in having two houses? The doctrine of equality was a radical and dangerous thing. The disproportion between the men of property and of no property was daily increasing. It was predicted that within a century, if all men were equal in voting power, the state would be governed by “the motley assem27 Debates and proceedings of the Convention, etc., 1821, pp. 70-71. 78 Ibid., p. 106. 29 Ibid., p. 113.

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19231 PROPORTIONAL REPRZSENTATION 761 language of Mr. Root’s proposal was slightly changed at a later date, for his amendment was somewhat awkwardly drawn, and his idea was embodied in the words: “Every male citizen (having certain qualifications) shall be entitled to vote . . . for all officers that now are, or hereafter may be, elective by the people. ” This provision became a part of the New York constitution of 1831. Later it was written into the constitutions of other states, perhaps from a feeling that New York’s constitution was a worthy model to copy, perhaps from other and more obscure motives. In hesota, the New York form of words was adopted without a word of discussion. It would be a nice piece of historical research, which the writer has not attempted, to go through the constitutional debates in the other states involved to ascertain the reasons given for adopting the New York form of language for conferring the right of suffrage upon the voters. A cursory examination of some leading constitutional debates leads the writer to the conclusion that little or nothing would be revealed with reference to the different methods of voting discussed in this paper. The tentative conclusion is that these questions were not considered at all in earlier days, and that they have not frequently been discussed even in later conventions. If this be true, it cannot be said that our constitutional conventions had any strongly-evidenced intention to forbid these methods of votink, some of which were scarcely known in the fore part of the last century. THE RIGHT TO VOTE “LN ALL ELECTIONS ” Whatever may be the historical explanation, it cannot be denied that the New York form of statement gives some ground for asserting the right of each voter to vote effectively for each and every officer to be elected. The same cannot be said for the provisions which say that a voter may vote “in all elections, ” or “in any election, ” or that he shall be a “qualsed elector.” These phrases certainly do not indicate upon their face any intention other than that of establishing an equality among electors. There is nothing in the words used to prove the intention of the framers to insist upon any special system of election, or to guarantee plurality rule under the system of the non-transferable vote. What we know of the history of suffrage provisions in the colonies, and of subsequent efforts to bring about reform, indicate clearly the purpose of later constitution framers to establish uniform voting requirements and to give each voter equality of right with every other. To say that these provisions purposely or even inadvertantly establish the system of the non-transferable vote, which must result in many cases in mere plurality rather than majority rule, is to assert the improbable and perhaps the unprovable. If 40 voters vote for one candidate, 35 for another, and 2.5 for a third, under the non-transferable voting system the 40 are. worth more than the 60. If this be equality then we can say with Pliny, who was discussing voting in Rome, that “nothing is 90 unequal as the equality which prevails.” Equality of voting right should mean the right of the true majority to rule, and of the minority to be represented and heard. ELECTIONS BY PLURALITIES In popular elections under the system of voting by non-transferable ballots, it is diEicult to bring about true majority elections. In order to obviate this difficulty a number of states have legalized plurality elections by constitutional provision, while

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763 NATIONAL MUNICIPAL REVIEW SUPPLEMENT December others have done so by statute. This is, of course, a case where principle has had to compromise with expediency. Wherever the constitutions establish the legality of plurality elections, it may be implied that the Hare system of voting is unconstitutional. This is, however, more certainly true of such a system of preferential voting as was involved in the Duluth case than of the Hare system. The mere mention of plurality elections seems to imply the use of the non-transferable vote. The particular form of wording of such provisions needs, however, to be studied with care. In some cases it may be within the power of the legislature to establish by legislation the rules of evidence to determine what shall be considered “the highest number of votes. ” The Arizona provision appears to be the most sweeping. It provides that “In all elections held, by the people, in this state, the person, or persons, receiving the highest number of legal votes shall be declared elected. ” The antagonism in principle that exists between the idea of plurality elections and that of either preferential voting or proportional representation is referred to in several of the cases cited above, but in no case has such a provision been made the basis of a decision. This antagonism is illustrated also by the Oregon constitutional provision which expressly authorized both preferential voting and proportional representation in that state. 30 CONCLUSION The foregoing analysis of the cases may be made the basis for several constructive proposals. In the first place it must be admitted that the constitutionality of the Hare system of voting is somewhat in doubt. In two states J0 Oregon Const., Art. TI, sec. 16; adopted as initiated amendment, 1908. it has been declared unconstitutional. Where this is true there is no remedy other than that of a state constitutional amendment, unless perchance, on reargument the supreme court in any such state might be brought to reverse itself. In the second place it mu& be admitted that in the states where voters are guaranteed the right to vote “for all oEcers” elective by the people, the language of the constitution does give some support to the idea that the Hare system of voting is invalid. Should any case arise touching this question in such a state, great stress should be laid upon the fact that the evident intent of this provision was not to give each and every voter the right to vote for each officer. The true purpose seems to have been to establish equality of right among voters. It is interesting to note that the constitution does not say “vote for each officer” but “vote for all officers.” Third, in the states where the constitutional provision merely says “vote in all elections” or “in any election” the intention clearly was to establish equality of right among voters and nothing more. No evidence has yet been presented of any intention to go farther than this. In fact, in certain states even this idea of equality of right has been broken down by statutes which have created special classes of voters for special purposes. Such statutes me a most serious violation of the purpose of the constitutional provisions. If any court sustains such a statute and at the same time denies the validity of the statutes regulating the method of voting, the court is certainly straining at a gnat while swallowing a camel. The fundamental principle to be kept in mind is that of equality of right among votem. Stress could well be laid upon the fact that the ordinary systems of voting, which establish plurality rule, destroy the equality which should exist.